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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Future Act of 1993''. SEC. 2. FINDINGS, PURPOSE, DEFINITIONS. (a) Findings.--The Congress finds that-- (1) fossil fuels, the main energy source of the present, have provided this country with tremendous supply, but are limited and polluting, and their production and utilization technologies are mature; (2) the basic scientific fundamentals are needed for private sector investment in and commercialization of new and better energy sources and enabling technologies; (3) hydrogen holds tremendous promise as a new and better energy source as it secures an infinite supply from water and combusts purely to water; (4) under current technological capability, the energy required to produce hydrogen is greater than the potential energy of the hydrogen produced; (5) the hydrogen production efficiency dilemma is the major technical barrier to society collectively benefiting from one of the great energy sources of the future; (6) an aggressive, results-oriented multiyear research initiative on efficient hydrogen fuel production and use is in order; (7) the current $4,500,000 per year Federal effort is wholly inadequate to the technically daunting task at hand; (8) an annual $100,000,000 multiyear authorization offset by a reallocation of resources from more mature fossil technologies is justified; and (9) the national interest demands the acceleration of research, development, and demonstration efforts that will make possible the near-term commercial introduction of hydrogen into the current energy consumption system in order to increase supply to support economic growth, decrease airborne emissions from mobile and stationary sources, improve fuel efficiency, and invigorate industries that can develop hydrogen enabling technologies that will lead to new markets and jobs, and that will provide stimulus for the transfer of information and relevant technology from the space and aerospace industries to the broader energy and transportation market. (b) Purpose.--The purpose of the Act is to provide the fundamental scientific basis to support the development of commercial, economically feasible technologies for the production and use of hydrogen as a zero- or low-emission power source on a national scale by the year 1998. (c) Definitions.--As used in this Act-- (1) the term ``Secretary'' means the Secretary of Energy; (2) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and (3) the term ``United States company'' means a business entity that is incorporated in the United States and that conducts business operations in the United States. SEC. 3. CONSULTATION. The Secretary shall consult with the Department of Energy's Hydrogen Technical Advisory Panel established under section 108 of Public Law 101-566 as necessary in implementing this Act. SEC. 4. RESEARCH AND DEVELOPMENT ACTIVITIES. (a) Production.--The Secretary shall support industrial hydrogen energy production research and development in the following areas: (1) Photoconversion: (A) Photochemical. (B) Photoelectrochemical. (C) Photobiological. (2) Coal gasification and hydrogen purification. (3) Bioconversion: (A) Biomass growth, harvesting, and conversion. (B) Municipal solid waste and sewage sludge disposal. (4) ``Water-cracking'' using the excess capacity at hydropower and nuclear electricity production facilities during off-peak hours. (5) Fuel cell power plants suitable for vehicle propulsion. (6) Fuel cell systems for stationary applications. (b) Use.--The Secretary shall support industrial hydrogen energy use research and development in the following areas, including funding for at least one technical demonstration in each such area: (1) Economically feasible, low-emission motor vehicles using hydrogen as a combustible power supply, either in pure form or mixed with other fuels (such as methane). (2) Economically feasible, zero-emission automotive and locomotive engines using hydrogen as a constituent for the release of chemical energy. (3) Electricity generation using hydrogen as a fuel source for utility applications. (4) Heating and cooling using hydrogen as a fuel source for building and appliance applications. (5) Stationary power generation using hydrogen as a fuel source for industrial applications. (c) Schedule.--Within 90 days after the date of enactment of this Act, the Secretary shall solicit proposals for carrying out the research, development, and demonstration activities authorized under subsections (a) and (b). Awards of financial assistance for such activities shall be made within 1 year after such date of enactment. (d) Restrictions on Recipients.--Financial assistance may be awarded under this section only to United States companies or consortia of United States companies, alone or in conjunction with universities and independent nonprofit research organizations. Awards under subsection (a) may be made separately for each area described in paragraphs (1) through (6) of that subsection or collectively for more than 1 or all such areas. Awards for technical demonstrations under subsection (b) shall be made separately for each area described in paragraphs (1) through (5) of that subsection. (e) Procedures.--(1) Except as otherwise provided in this Act, research, development, and demonstration activities under this Act may be carried out using the procedures of the Federal Nonnuclear Research and Development Act of 1974 (42 U.S.C. 5901-5920), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any other Act under which the Secretary is authorized to carry out such activities. (2) Except as otherwise provided in this Act, in carrying out research, development, and demonstration programs and activities under this Act, the Secretary may use, to the extent authorized under applicable provisions of law, contracts, cooperative agreements, cooperative research and development agreements under the Stevenson- Wydler Technology Innovation Act of 1980, grants, joint ventures, and any other form of agreement available to the Secretary. (3) For purposes of this subsection, the term ``joint venture'' has the meaning given the term ``joint research and development venture'' under section 2(a)(6) and (b) of the National Cooperative Research Act of 1984 (15 U.S.C. 4301(a)(6) and (b)). (f) Antitrust.--The National Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.) shall apply to consortia supported under this Act. (g) Cost Sharing.--(1) The Secretary shall require at least 50 percent of the costs directly and specifically related to any research, development, or demonstration project under this Act to be provided from non-Federal sources. (2) The Secretary shall also require that at least 50 percent of the non-Federal share of the costs related to any research, development, or demonstration project under this Act be provided by United States companies. SEC. 5. HIGHLY INNOVATIVE TECHNOLOGIES. Of the amounts made available for carrying out section 4 of this Act, up to 5 percent may be used to support research on highly innovative energy technologies, including those based on yet unproven scientific theory. Amounts so transferred under this section shall not be subject to the requirements stated in section 4. SEC. 6. TECHNOLOGY TRANSFER. The Secretary shall foster the exchange of generic, nonproprietary information and technology developed pursuant to section 4 or other similar Federal programs (including activities under the Automotive Propulsion Research and Development Act of 1978, the National Aero- Space Plane program, and programs carried out under section 2025 of the Energy Policy Act of 1992) among industry, academia, and the Federal Government with regard to the production and use of hydrogen. SEC. 7. PROTECTION OF INFORMATION AND PATENTS. For purposes of this Act, the provisions of chapter 18 of title 35, United States Code (popularly referred to as the Bayh-Dole Act) shall apply to United States companies as if they were small business firms under the provisions of such chapter 18. SEC. 8. REPORT TO CONGRESS. (a) Requirement.--Within 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall present Congress with a detailed report on the status and progress of the programs created under this Act. As part of this report, the Secretary shall include an analysis of the effectiveness of the Department's hydrogen research and development programs, an enumeration of improvements that could be made to such programs, and recommendations for any legislation necessary to accomplish those improvements. (b) Coordination With Defense Programs.--As part of the report required under subsection (a), Department of Defense research and development programs that involve issues of hydrogen-based power, especially within the Air Force and the Defense Advanced Research Projects Agency, shall be analyzed by the Secretary for coordination and cooperation with the programs created under this Act. (c) Coordination With NASA Programs.--As part of the report required under subsection (a), National Aeronautics and Space Administration research and development programs that involve issues of hydrogen-based power shall be analyzed by the Secretary for coordination and cooperation with the programs created under this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) General Authorization.--There are authorized to be appropriated for each of the fiscal years 1994 through 1998, to carry out the purposes of this Act (in addition to any amounts made available for such purposes under other Acts) $100,000,000, of which 60 percent is authorized only for activities under section 4(a) and 40 percent is authorized for activities under section 4(b). (b) Related Authorizations.--For fiscal year 1994, the amount authorized to be appropriated to carry out subtitle A of title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall be 175 percent of the amount authorized for such fiscal year under subsection (a) of this section. For fiscal year 1995, the amount authorized to be appropriated to carry out subtitle A of title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall be 175 percent of the amount appropriated for fiscal year 1994 under subsection (a) of this section. For fiscal year 1996, the amount authorized to be appropriated to carry out subtitle A of title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall be 150 percent of the amount appropriated for fiscal year 1995 under subsection (a) of this section. For fiscal year 1997, the amount authorized to be appropriated to carry out subtitle A of title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall be 125 percent of the amount appropriated for fiscal year 1996 under subsection (a) of this section. For fiscal year 1998, the amount authorized to be appropriated to carry out subtitle A of title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall be 100 percent of the amount appropriated for fiscal year 1997 under subsection (a) of this section. | Hydrogen Future Act of 1993 - Directs the Secretary of Energy to support industrial hydrogen energy production research and development, including specified power source technical demonstrations (such as motor vehicles and electricity generation). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Transportation Safety Fund Act''. TITLE I--EMERGENCY TRANSPORTATION SAFETY FUND SEC. 101. ELIMINATION OF TRANSPORTATION ENHANCEMENT PROGRAM. (a) Definition.--Section 101(a)(35) of title 23, United States Code, is repealed. (b) Transportation Enhancement Set Aside.--Section 133 of title 23, United States Code, is amended-- (1) in subsection (b), by striking paragraph (8); (2) in subsection (d), by striking paragraphs (2) and (5); and (3) in subsection (e)-- (A) by amending paragraph (3) to read as follows: ``(3) Payments.--The Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary.''; and (B) by striking paragraph (5). (c) State Assumption of Responsibilities.--Section 325(a)(2) of title 23, United States Code, is amended by striking ``the following projects:'' and all that follows and inserting ``projects funded under section 104(h).''. (d) Statewide Transportation Planning Priorities.--Section 5304(g)(4)(H) of title 49, United States Code, is amended by striking ``, including transportation enhancement activities,''. (e) STP Set-Aside Program Rescissions.--Section 10212(f) of SAFETEA-LU (Public Law 109-59) is amended by striking ``, transportation enhancement activities,''. SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND. (a) In General.--There is established in the Treasury of the United States a trust fund to be known as the ``Emergency Transportation Safety Fund''. (b) Emergency Relief Expenditures.--Section 125(c) of title 23, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) Amounts deposited into the Emergency Transportation Safety Fund are authorized to be obligated to carry out, in priority order, the projects on the current list compiled by the Secretary under section 201(b)(1) of the Emergency Transportation Safety Fund Act that meet the eligibility requirements set forth in subsection (a).''. (c) Funding.--Section 133(d) of title 23, United States Code, is amended by inserting before paragraph (3) the following: ``(1) Emergency transportation safety fund.--In each fiscal year, there shall be deposited into the Emergency Transportation Safety Fund, established under section 102(a) of the Emergency Transportation Safety Fund Act, an amount equal to 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year. At the end of each fiscal year, any unobligated amounts in the Fund in excess of $500,000,000 shall be made available for the Highway Bridge Program, in accordance with section 144.''. TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES. (a) List.--The Secretary of Transportation, in consultation with a representative sample of State and local government transportation officials, shall compile a prioritized list of emergency transportation projects, which will guide the allocation of funding to the States from the Emergency Transportation Safety Fund. (b) Criteria.--In compiling the list under subsection (a), the Secretary of Transportation, in addition to other criteria established by the Secretary, shall rank priorities in descending order, beginning with-- (1) whether the project is part of the interstate highway system; (2) whether the project is a road or bridge that is closed for safety reasons; (3) the impact of the project on interstate commerce; (4) the volume of traffic affected by the project; and (5) the overall value of the project or entity. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to Congress that includes-- (1) a prioritized list of emergency transportation projects to be funded through the Emergency Transportation Safety Fund; and (2) a description of the criteria used to establish the list referred to in paragraph (1). (d) Quarterly Updates.--Not less frequently than 4 times per year, the Secretary of Transportation shall-- (1) update the report submitted pursuant to subsection (c); (2) send a copy of the report to Congress; and (3) make a copy of the report available to the public through the Department of Transportation's Web site. | Emergency Transportation Safety Fund Act - Eliminates the transportation enhancement program. Establishes the Emergency Transportation Safety Fund. Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency transportation projects, which will guide the allocation of Fund amounts to the states. |
ALLOCATING APPROPRIATED SPENDING. (a) Committee on Appropriations Resolution.--Section 302(b) of the Congressional Budget Act of 1974 is amended to read as follows: ``(b) Committee Suballocations.-- ``(1) Committees on appropriations.--(A) As soon as practical after a concurrent resolution on the budget is agreed to, the Committee on Appropriations of each House shall, after consulting with Committee on Appropriations of the other House, report to its House an original joint resolution on appropriations allocations (referred to in the paragraph as the `joint resolution') that contains the following: ``(i) A subdivision among its subcommittees of the allocation of budget outlays and new budget authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution. ``(ii) A subdivision of the amount with respect to each such subcommittee between controllable amounts and all other amounts. The joint resolution shall be placed on the calendar pending disposition of such joint resolution in accordance with this subsection. ``(B)(i) Except as provided in clause (ii), the provisions of section 305 for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of joint resolutions reported under this paragraph and conference reports thereon. ``(ii)(I) Debate in the Senate on any joint resolution reported under this paragraph, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. ``(II) The Committee on Appropriations shall manage the joint resolution. ``(C) The allocations of the Committees on Appropriations shall not take effect until the joint resolution is enacted into law. ``(2) Other committees.--As soon as practicable after a concurrent resolution on the budget is agreed to every committee of the House and Senate (other than the Committees on Appropriations) to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made-- ``(A) subdivide such allocation among its subcommittees or among programs over which it has jurisdiction; and ``(B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts. Each such committee shall promptly report to its House the subdivisions made by it pursuant to this paragraph.''. (b) Point of Order.--Section 302(c) of the Congressional Budget Act of 1974 is amended by striking ``such committee makes the allocation or subdivisions required by'' and inserting ``such committee makes the allocation or subdivisions in accordance with''. (c) Alteration of Allocations.--Section 302(e) of the Congressional Budget Act of 1974 is amended to read as follows: ``(e) Alteration of Allocations.-- ``(1) Any alteration of allocations made under paragraph (1) of subsection (b) proposed by the Committee on Appropriations of either House shall be subject to approval as required by such paragraph. ``(2) At any time after a committee reports the allocations required to be made under subsection (b)(2), such committee may report to its House an alteration of such allocations. Any alteration of such allocations must be consistent with any actions already taken by its House on legislation within the committee's jurisdiction.''. SEC. 3. AMENDMENTS TO APPROPRIATIONS BILL. Section 302 of the Congressional Budget Act of 1974 is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Amendments to Appropriations Act Reducing Allocations.-- ``(1) Floor amendments.--Notwithstanding any other provision of this Act, an amendment to an appropriations bill shall be in order if-- ``(A) such amendment reduces an amount of budget authority provided in the bill and reduces the relevant subcommittee allocation made pursuant to subsection (b)(1) and the discretionary spending limits under section 601(a)(2) for the fiscal year covered by the bill; or ``(B) such amendment reduces an amount of budget authority provided in the bill and reduces the relevant subcommittee allocation made pursuant to subsection (b)(1) and the discretionary spending limits under section 601(a)(2) for the fiscal year covered by the bill and the 4 succeeding fiscal years. ``(2) Conference reports.--(A) It shall not be in order to consider a conference report on an appropriations bill that contains a provision reducing subcommittee allocations and discretionary spending included in both the bill as passed by the Senate and the House of Representatives if such provision provides reductions in such allocations and spending that are less than those provided in the bill as passed by the Senate or the House of Representatives. ``(B) It shall not be in order in the Senate or the House of Representatives to consider a conference report on an appropriations bill that does not include a reduction in subcommittee allocations and discretionary spending in compliance with subparagraph (A) contained in the bill as passed by the Senate and the House of Representatives.''. SEC. 4. SECTION 602(b) ALLOCATIONS. Section 602(b)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``(1) Suballocations by appropriations committees.--The Committee on Appropriations of each House shall make allocations under subsection (a)(1)(A) or (a)(2) in accordance with section 302(b)(1).''. | Spending Reduction and Budget Control Act of 1994 - Amends the Congressional Budget Act of 1974 to require each House of the Congress to agree to a joint resolution on the allocation of budget authority and outlays made by the Committees on Appropriations. Requires amendments that reduce appropriations to also reduce relevant subcommittee allocations and discretionary spending limits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Legal Pharmaceuticals Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) An individual's right to religious belief and worship is a protected, fundamental right in the United States. (2) An individual's right to access legal contraception is a protected, fundamental right in the United States. (3) An individual's right to religious belief and worship cannot impede an individual's access to legal prescriptions, including contraception. SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS TO FILL VALID PRESCRIPTIONS. (a) In General.--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 section: ``SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS TO FILL VALID PRESCRIPTIONS. ``(a) In General.--A pharmacy that receives prescription drugs or prescription devices in interstate commerce shall maintain compliance with the following conditions: ``(1) If a product is in stock and a pharmacist employed by the pharmacy refuses on the basis of a personal belief to fill a valid prescription for the product, the pharmacy ensures, subject to the consent of the individual presenting the prescription in any case in which the individual has reason to know of the refusal, that the prescription is, without delay, filled by another pharmacist employed by the pharmacy. ``(2) Subject to subsection (b), if a product is not in stock and a pharmacist employed by the pharmacy refuses on the basis of a personal belief or on the basis of pharmacy policy to order or to offer to order the product when presented a valid prescription for the product-- ``(A) the pharmacy ensures that the individual presenting the prescription is immediately informed that the product is not in stock but can be ordered by the pharmacy; and ``(B) the pharmacy ensures, subject to the consent of the individual, that the product is, without delay, ordered by another pharmacist employed by the pharmacy. ``(3) The pharmacy does not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription for a product or from ordering the product (other than the specific conduct described in paragraph (1) or (2)), including-- ``(A) the refusal to return a prescription form to the individual after refusing to fill the prescription or order the product, if the individual requests the return of such form; ``(B) the refusal to transfer prescription information to another pharmacy for refill dispensing when such a transfer is lawful, if the individual requests such transfer; ``(C) subjecting the individual to humiliation or otherwise harassing the individual; or ``(D) breaching medical confidentiality with respect to the prescription or threatening to breach such confidentiality. ``(b) Products Not Ordinarily Stocked.--Subsection (a)(2) applies only with respect to a pharmacy ordering a particular product for an individual presenting a valid prescription for the product, and does not require the pharmacy to keep such product in stock, except that such subsection has no applicability with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. ``(c) Enforcement.-- ``(1) Civil penalty.--A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $5,000 per day of violation, and not to exceed $500,000 for all violations adjudicated in a single proceeding. ``(2) Private cause of action.--Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. ``(3) Limitations.--A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the five-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. ``(d) Definitions.--For purposes of this section: ``(1) The term `employ', with respect to the services of a pharmacist, includes entering into a contract for the provision of such services. ``(2) The term `pharmacist' means a person authorized by a State to practice pharmacy, including the dispensing and selling of prescription drugs. ``(3) The term `pharmacy' means a person who-- ``(A) is authorized by a State to engage in the business of selling prescription drugs at retail; and ``(B) employs one or more pharmacists. ``(4) The term `prescription device' means a device whose sale at retail is restricted under section 520(e)(1) of the Federal Food, Drug, and Cosmetic Act. ``(5) The term `prescription drug' means a drug that is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. ``(6) The term `product' means a prescription drug or a prescription device. ``(7) The term `valid', with respect to a prescription, means-- ``(A) in the case of a drug, a prescription within the meaning of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act that is in compliance with applicable law, including, in the case of a prescription for a drug that is a controlled substance, compliance with part 1306 of title 21, Code of Federal Regulations, or successor regulations; and ``(B) in the case of a device, an authorization of a practitioner within the meaning of section 520(e)(1) of such Act that is in compliance with applicable law. ``(8) The term `without delay', with respect to a pharmacy filling a prescription for a product or ordering the product, means within the usual and customary timeframe at the pharmacy for filling prescriptions for products for the health condition involved or for ordering such products, respectively.''. (b) Effective Date.--The amendment made by subsection (a) takes effect upon the expiration of 30 days after the date of the enactment of this Act, without regard to whether the Secretary of Health and Human Services has issued any guidance or final rule regarding such amendment. | Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay; (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay; and (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Financial Institution Advisory Committees Act of 2016''. SEC. 2. COMMUNITY BANK ADVISORY COMMITTEE. (a) Definitions.--For purposes of this section: (1) Community bank.--The term ``community bank'' means a depository institution with total assets of $10,000,000,000 or less. (2) Depository institution.--The term ``depository institution'' has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Establishment and Functions.-- (1) Establishment.--There is established within the Department of the Treasury (hereafter in this section referred to as the ``Department'') the Community Bank Advisory Committee (hereafter in this section referred to as the ``Committee''). (2) Functions.--The Committee shall provide the Department with advice on the Department's efforts regarding financial institutions legislation and regulation, legislation affecting Federal departments and agencies that regulate or insure financial institutions, and securities markets legislation and regulation, as such efforts relate to community banks. (c) Membership.-- (1) Member appointment.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall appoint not fewer than 15, and not more than 20, members to the Committee. In appointing such members, the Secretary shall-- (A) include members representing community banks that are not affiliates of depository institutions with total assets of more than $10,000,000,000; (B) include members representing community banks of different charter types, asset sizes, geographic areas, and ownership types; (C) give strong consideration to members representing community banks predominantly serving traditionally rural and underserved communities and populations and their interests; and (D) make such appointments without regard to party affiliation. (2) Term.--Each member of the Committee shall serve for a term of 2 years, which is not eligible for renewal. (3) Members not department employees.--Members of the Committee shall not be treated as employees or agents of the Department solely because of membership on the Committee. (4) Resignation.--Any member may resign at any time by giving notice to the Department. The Secretary shall appoint persons to fill vacancies on the Committee as the vacancies occur. (d) Chairman; Vice Chairman; Secretary; Assistant Secretary.-- (1) In general.--The members of the Committee shall elect, from among the members of the Committee-- (A) a chairman; (B) a vice chairman; (C) a secretary; and (D) an assistant secretary. (2) Term.--Each member elected under paragraph (1) shall serve for a term of 2 years in the capacity for which the member was elected under paragraph (1). (e) Meetings.-- (1) Frequency of meetings.--The Committee shall meet-- (A) not less frequently than 4 times annually, at the call of the chairman of the Committee; and (B) from time to time, at the call of the Department. (2) Notice.--The chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 4 weeks before the date of the meeting. (3) Location.--At least 2 of the meetings each year shall take place in person at the Department's headquarters in the District of Columbia. Participants should make every effort within reason to attend these meetings in person. (4) Agenda.--Each meeting shall be conducted in accordance with an agenda formulated by the chairman of the Committee, with input from other Committee members. (5) Department representation.--Each meeting of the Committee shall be attended by the Secretary or the Secretary's designee. (f) Compensation and Travel Expenses.--Each member of the Committee who is not a full-time employee of the United States shall-- (1) be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Committee; and (2) while away from the home or regular place of business of the member in the performance of services for the Committee, 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 of title 5, United States Code. (g) Staff.--The Department shall make available to the Committee such staff as the chairman of the Committee determines are necessary to carry out the functions of the Committee. (h) Review by Department.--The Department shall-- (1) review the findings and recommendations of the Committee; and (2) each time the Committee submits a finding or recommendation to the Department, promptly, but no more than 60 days after submission, issue a public statement, a copy of which shall be delivered to Committee members-- (A) assessing the finding or recommendation of the Committee; and (B) disclosing the action, if any, the Department intends to take with respect to the finding or recommendation. SEC. 3. CREDIT UNION ADVISORY COMMITTEE. (a) Definitions.--For purposes of this section: (1) Credit union.--The term ``credit union'' means a Federal credit union or a State credit union, as such terms are defined, respectively, under section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Establishment and Functions.-- (1) Establishment.--There is established within the Department of the Treasury (hereafter in this section referred to as the ``Department'') the Credit Union Advisory Committee (hereafter in this section referred to as the ``Committee''). (2) Functions.--The Committee shall provide the Department with advice on the Department's efforts regarding financial institutions legislation and regulation, legislation affecting Federal departments and agencies that regulate or insure financial institutions, and securities markets legislation and regulation, as such efforts relate to credit unions. (c) Membership.-- (1) Member appointment.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall appoint not fewer than 15, and not more than 20, members to the Committee. In appointing such members, the Secretary shall-- (A) include members representing credit unions with total assets of $10,000,000,000 or less; (B) include members representing credit unions that are not affiliates of credit unions with total assets of more than $10,000,000,000; (C) include members representing credit unions of different charter types, asset sizes, geographic areas, and ownership types; (D) give strong consideration to members representing credit unions predominantly serving traditionally rural and underserved communities and populations and their interests; and (E) make such appointments without regard to party affiliation. (2) Term.--Each member of the Committee shall serve for a term of 2 years, which is not eligible for renewal. (3) Members not department employees.--Members of the Committee shall not be treated as employees or agents of the Department solely because of membership on the Committee. (4) Resignation.--Any member may resign at any time by giving notice to the Department. The Secretary shall appoint persons to fill vacancies on the Committee as the vacancies occur. (d) Chairman; Vice Chairman; Secretary; Assistant Secretary.-- (1) In general.--The members of the Committee shall elect, from among the members of the Committee-- (A) a chairman; (B) a vice chairman; (C) a secretary; and (D) an assistant secretary. (2) Term.--Each member elected under paragraph (1) shall serve for a term of 2 years in the capacity for which the member was elected under paragraph (1). (e) Meetings.-- (1) Frequency of meetings.--The Committee shall meet-- (A) not less frequently than 4 times annually, at the call of the chairman of the Committee; and (B) from time to time, at the call of the Department. (2) Notice.--The chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 4 weeks before the date of the meeting. (3) Location.--At least 2 of the meetings each year shall take place in person at the Department's headquarters in the District of Columbia. Participants should make every effort within reason to attend these meetings in person. (4) Agenda.--Each meeting shall be conducted in accordance with an agenda formulated by the chairman of the Committee, with input from other Committee members. (5) Department representation.--Each meeting of the Committee shall be attended by the Secretary or the Secretary's designee. (f) Compensation and Travel Expenses.--Each member of the Committee who is not a full-time employee of the United States shall-- (1) be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Committee; and (2) while away from the home or regular place of business of the member in the performance of services for the Committee, 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 of title 5, United States Code. (g) Staff.--The Department shall make available to the Committee such staff as the chairman of the Committee determines are necessary to carry out the functions of the Committee. (h) Review by Department.--The Department shall-- (1) review the findings and recommendations of the Committee; and (2) each time the Committee submits a finding or recommendation to the Department, promptly, but no more than 60 days after submission, issue a public statement, a copy of which shall be delivered to Committee members-- (A) assessing the finding or recommendation of the Committee; and (B) disclosing the action, if any, the Department intends to take with respect to the finding or recommendation. | Small Financial Institution Advisory Committees Act of 2016 This bill establishes within the Department of the Treasury: the Community Bank Advisory Committee to advise Treasury about its efforts regarding legislation and regulation that affect financial institutions, federal departments and agencies that regulate or insure financial institutions, and securities markets, as these efforts relate to community banks; and the Credit Union Advisory Committee to advise Treasury about such efforts as they relate to credit unions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Treatment and Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, the prevalence of diabetes in the United States has more than doubled in the past quarter-century. (2) The American Diabetes Association reports that there are now more than 20,000,000 people in the United States living with diabetes, with 6,000,000 of these cases not yet diagnosed. Another 54,000,000 people in the United States have ``pre- diabetes'', which means that they have higher than normal blood glucose levels, and are at increased risk of developing diabetes. (3) In 2002, the landmark Diabetes Prevention Program study found that lifestyle changes, such as diet and exercise, can prevent or delay the onset of type 2 diabetes, and that participants who made such lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent. (4) The New York Times has reported that lifestyle-based interventions to control diabetes have resulted in positive outcomes for patients, yet despite these successes, such interventions were often unsustainable. While insurance companies cover the treatments of complications of unchecked diabetes, they tend not to cover the cheaper interventions to prevent such complications. (5) According to the American Diabetes Association, in 2002, direct medical expenditures for diabetes totaled $91,800,000,000, including $23,200,000,000 for diabetes care, and $24,600,000,000 for chronic complications attributable to diabetes. In that year, approximately 1 out of every 10 health care dollars was directed to diabetes. (6) There is a need to increase the availability of effective community-based lifestyle programs for diabetes prevention and the ability of health care providers to refer patients for enrollment in such programs to prevent diabetes, reduce complications, and lower the costs associated with diabetes treatment in the United States, and the Federal government should encourage efforts to replicate the results of the Diabetes Prevention Program on a wider scale. SEC. 3. CENTERS FOR DISEASE CONTROL AND PREVENTION DIVISION OF DIABETES TRANSLATION; DIABETES DEMONSTRATION PROJECTS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. CENTERS FOR DISEASE CONTROL AND PREVENTION DIVISION OF DIABETES TRANSLATION. ``(a) In General.--The Director of the Centers for Disease Control and Prevention shall establish within such Centers a Division of Diabetes Translation to eliminate the preventable burden of diabetes. ``(b) Office.--The Division of Diabetes Translation shall carry out the following activities: ``(1) Supporting and carrying out diabetes surveillance. ``(2) Conducting applied translational research, including research that will improve early detection, prevention, and access to quality care with respect to diabetes. ``(3) Working with States to establish and improve diabetes control and prevention programs. ``(4) Coordinating the National Diabetes Education Program in conjunction with the National Institutes of Health. ``(5) Increasing education and awareness of diabetes. ``(6) Promoting greater awareness of the health effects of uncontrolled diabetes. ``(7) Other activities as deemed appropriate by the Director. ``(c) Appropriations.--There are authorized to be appropriated to carry out the activities of the Division of Diabetes Translation under this section $90,000,000 for fiscal year 2008, and such sums as may be necessary for each subsequent fiscal year. ``SEC. 317U. DEMONSTRATION PROJECTS FOR THE IDENTIFICATION AND TREATMENT FOR PERSONS DIAGNOSED WITH OR AT HIGH RISK FOR DIABETES. ``(a) Identification and Prevention Demonstration Projects for Persons at High Risk for Type 2 Diabetes.-- ``(1) In general.-- ``(A) Development.--The Director of the Centers for Disease Control and Prevention (referred to in this section as the `Director'), in consultation with the Division of Diabetes Translation and academic centers, shall develop a set of pilot demonstration projects to evaluate various approaches to-- ``(i) screening and identifying persons with pre-diabetes and undiagnosed diabetes; and ``(ii) providing identified persons with access to appropriate lifestyle interventions. ``(B) Linkage to diabetes prevention program.--Such pilot projects shall be carried out with the goal of translating, using lifestyle interventions available in the community, the Diabetes Prevention Program clinical trial into interventions to reduce the incidence of type 2 diabetes and its related complications in the United States population. ``(2) Cooperative agreements.-- ``(A) In general.--The Director shall provide cooperative agreements and technical assistance to not more than 10 academic centers partnered with State or local public health departments to implement, monitor, and evaluate such pilot projects. ``(B) Application.--Applicants shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require, including-- ``(i) information documenting the risk of the populations to be targeted by this intervention; and ``(ii) information regarding the methods that shall be used to identify and screen these populations. ``(3) Duration.--The cooperative agreements awarded under this subsection shall be awarded for a 2-year period, with the Director having the option to extend cooperative agreements for an additional 2-year period. ``(4) Evaluation.--Not later than 4 years after the date of the enactment of the Diabetes Treatment and Prevention Act of 2007, the Director shall 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 evaluating the effectiveness of the program under this subsection and shall make such report publicly available. ``(5) Authorization of appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection for each of fiscal years 2008 through 2012. ``(b) State Partnerships for Surveillance and Education.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall engage in partnerships with State and local health departments to carry out the following activities: ``(A) National, State, and local (to the degree determined by the Secretary) surveillance of the following items: ``(i) The number of individuals and percentage of the population at risk for developing diabetes. ``(ii) The number of individuals and percentage of the population who have received diabetes and high blood glucose screenings. ``(iii) Among those individuals who have been identified with pre-diabetes, the proportion that have been enrolled into lifestyle programs. ``(iv) The availability of interventions to prevent diabetes, and the access of the population to such interventions. ``(v) The number of individuals and percentage of population with both newly- diagnosed cases of diabetes and existing cases of diabetes, as well as the rates of increase or decrease in newly-diagnosed diabetes. ``(vi) Other relevant factors as determined by the Secretary. ``(B) Education and information campaigns to increase awareness among populations at high risk for diabetes, health care providers, and the general public, about the importance of primary prevention, ways to assess personal risk, and how to locate and access diabetes prevention programs. ``(2) Authorization of appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection for each of the fiscal years 2008 through 2012. ``(c) Treatment Demonstration Projects for Co-Occurring Chronic Conditions.-- ``(1) In general.--The Director, acting through the Division of Diabetes Translation, shall develop a pilot program to improve treatment for individuals with diabetes and other co-occurring chronic conditions, such as mental illness, high blood pressure, or cardiovascular disease, for which treatment may complicate the treatment for diabetes. ``(2) Cooperative agreements.-- ``(A) In general.--The Director shall provide cooperative agreements and technical assistance to not more than 10 academic centers, in partnership with State and local health departments, to implement, monitor, and evaluate programs designed to improve health outcomes in individuals with diabetes and other co-occurring chronic conditions. ``(B) Application.--Applicants shall submit to the Director an application, at such time, in such manner, and containing such information as the Director may require, including information regarding the co- occurring conditions that shall be the subject of study. ``(C) Preference.--In awarding the cooperative agreements under this subsection, the Director shall give preference for research that focuses on conditions which have a high prevalence among individuals with diabetes, or for which the treatment involved has the potential to impact adherence to diabetes treatment regimens and that builds upon existing work designed to improve the quality of care for patients with diabetes. ``(3) Duration.--The cooperative agreements awarded under this subsection shall be awarded for a 2-year period, with the Director having the option to extend cooperative agreements for an additional 2-year period. ``(4) Evaluation.--Not later than 4 years after the date of the enactment of the Diabetes Treatment and Prevention Act of 2007, the Director shall 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 evaluating the effectiveness of the program under this subsection in improving the health care outcomes for individuals with diabetes and other co-occurring chronic conditions and shall make such report publicly available. ``(5) Appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection for each of the fiscal years 2008 through 2012.''. | Diabetes Treatment and Prevention Act of 2007 - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to establish the Division of Diabetes Translation to eliminate diabetes. Requires the Director to develop pilot demonstration projects to evaluate various approaches to: (1) screening and identifying persons with pre-diabetes and undiagnosed diabetes; and (2) providing such persons with access to appropriate lifestyle interventions. Requires such projects to be carried out with the goal of translating the Diabetes Prevention Program clinical trial into interventions to reduce the incidence of type-2 diabetes and its related complications in the U.S. population. Requires the Secretary of Health and Human Services, acting through the Director, to engage in partnerships with state and local health departments to carry out: (1) national, state, and local surveillance related to diabetes; and (2) education and information campaigns to increase awareness about the importance of primary prevention, ways to assess personal risk, and how to locate and access diabetes prevention programs. Requires the Director, acting through the Division, to develop a pilot program to improve treatment for individuals with diabetes and other co-occurring chronic conditions for which treatment may complicate the treatment for diabetes. Requires the Director to give preference to research that: (1) focuses on conditions which have a high prevalence among individuals with diabetes or for which the treatment involved has the potential to impact adherence to diabetes treatment regiments; and (2) builds upon existing work designed to improve the quality of care for patients with diabetes. |
SECTION 1. IMPACT AID. (a) Hold-Harmless Amounts for Payments Relating to Federal Acquisition of Real Property.--Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end the following new subsections: ``(g) Former Districts.-- ``(1) In general.--Where the school district of any local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect (at any time such agency files an application under section 8005) for any fiscal year to have (A) the eligibility of such local educational agency, and (B) the amount which such agency shall be eligible to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school districts as such agency shall designate in such election. ``(2) Eligible local educational agencies.--A local educational agency referred to in paragraph (1) is any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for and was determined eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect on September 30, 1994. ``(h) Hold-Harmless Amounts.-- ``(1) In general.--Except as provided in paragraph (2)(A), the total amount that the Secretary shall pay a local educational agency under subsection (b)-- ``(A) for fiscal year 1995 shall not be less than 85 percent of the amount such agency received for fiscal year 1994 under section 2 of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect on September 30, 1994; or ``(B) for fiscal year 1996 shall not be less than 85 percent of the amount such agency received for fiscal year 1995 under subsection (b). ``(2) Ratable reductions.--(A)(i) If necessary in order to make payments to local educational agencies in accordance with paragraph (1) for any fiscal year, the Secretary first shall ratably reduce payments under subsection (b) for such year to local educational agencies that do not receive a payment under this subsection for such year. ``(ii) If additional funds become available for making payments under subsection (b) for such year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced. ``(B)(i) If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) after the application of subparagraph (A) for such year, then the Secretary shall ratably reduce payments under paragraph (1) to all such agencies for such year. ``(ii) If additional funds become available for making payments under paragraph (1) for such fiscal year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced.''. (b) Computation of Payment.--Paragraph (3) of section 8003(a) of such Act (20 U.S.C. 7703(a)) is amended by striking ``and such'' and inserting ``, or such''. (c) Payments for Eligible Federally Connected Children.--Subsection (f) of section 8003 of such Act (20 U.S.C. 7703) is amended-- (1) in paragraph (2)-- (A) in the matter preceding clause (i) of subparagraph (A), by striking ``only if such agency'' and inserting ``if such agency is eligible for a supplementary payment in accordance with subparagraph (B) or such agency''; and (B) by adding at the end the following new subparagraph: ``(C) A local educational agency shall only be eligible to receive additional assistance under this subsection if the Secretary determines that-- ``(i) such agency is exercising due diligence in availing itself of State and other financial assistance; and ``(ii) the eligibility of such agency under State law for State aid with respect to the free public education of children described in subsection (a)(1) and the amount of such aid are determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State aid, and the amount of such aid, with respect to the free public education of other children in the State.''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by inserting ``(other than any amount received under paragraph (2)(B))'' after ``subsection''; (ii) in subclause (I) of clause (i), by striking ``or the average per-pupil expenditure of all the States''; (iii) by amending clause (ii) to read as follows: ``(ii) The Secretary shall next multiply the amount determined under clause (i) by the total number of students in average daily attendance at the schools of the local educational agency.''; and (iv) by amending clause (iii) to read as follows: ``(iii) The Secretary shall next subtract from the amount determined under clause (ii) all funds available to the local educational agency for current expenditures, but shall not so subtract funds provided-- ``(I) under this Act; or ``(II) by any department or agency of the Federal Government (other than the Department) that are used for capital expenses.''; and (B) by amending subparagraph (B) to read as follows: ``(B) Special rule.--With respect to payments under this subsection for a fiscal year for a local educational agency described in clause (ii) or (iii) of paragraph (2)(A), the maximum amount of payments under this subsection shall be equal to-- ``(i) the product of-- ``(I) the average per-pupil expenditure in all States multiplied by 0.7, except that such amount may not exceed 125 percent of the average per- pupil expenditure in all local educational agencies in the State; multiplied by ``(II) the number of students described in subparagraph (A) or (B) of subsection (a)(1) for such agency; minus ``(ii) the amount of payments such agency receives under subsections (b) and (d) for such year.''. (d) Current Year Data.--Paragraph (4) of section 8003(f) of such Act (20 U.S.C. 7703(f)) is amended to read as follows: ``(4) Current year data.--For purposes of providing assistance under this subsection the Secretary-- ``(A) shall use student and revenue data from the fiscal year for which the local educational agency is applying for assistance under this subsection; and ``(B) shall derive the per-pupil expenditure amount for such year for the local educational agency's comparable school districts by increasing or decreasing the per pupil expenditure data for the second fiscal year preceding the fiscal year for which the determination is made by the same percentage increase or decrease reflected between the per pupil expenditure data for the fourth fiscal year preceding the fiscal year for which the determination is made and the per pupil expenditure data for such second year.''. (e) Special Rule for 1994 Payments.--The Secretary shall not consider any payment to a local educational agency by the Department of Defense, that is available to such agency for current expenditures and used for capital expenses, as funds available to such agency for purposes of making a determination for fiscal year 1994 under section 3(d)(2)(B)(i) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on September 30, 1994). (f) Applications for Increased Payments.-- (1) In general.--Notwithstanding any other provision of law, the Bonesteel-Fairfax School District Number 26-5, South Dakota, and the Wagner Community School District Number 11-4, South Dakota, shall be eligible to apply for payment for fiscal year 1994 under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on September 30, 1994). (2) Application.--In order to be eligible to receive a payment described in subsection (a), a school district described in such subsection shall apply for such payment within 30 days after the date of enactment of this Act. (3) Construction.--Nothing in this section shall be construed to require a local educational agency that received a payment under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on September 30, 1994) for fiscal year 1994 to return such payment or a portion of such payment to the Federal Government. | Amends the Elementary and Secondary Education Act of 1965 regarding impact aid payments. Provides hold-harmless payment amounts for impact-aid payments relating to Federal acquisition of real property. Provides that no eligible local educational agency shall receive less than 85 percent of the preceding year's amount in such a payment for any fiscal year. Provides for ratable reductions and increases in certain types of impact-aid payments in specified circumstances. Revises provisions which authorize funding for heavily-impacted school districts, with respect to computation of payment, payments for eligible federally-connected children, and current year data. Directs the Secretary of Education, as a special rule for 1994 supplemental payments, not to consider any payment to a local educational agency by the Department of Defense that is available to such agency for current expenditures and used for capital expenses in determinations under specified Federal impact aid law. Allows two specified school districts in South Dakota to claim eligibility as heavily-impacted districts for the current year, by allowing them to amend their applications for increased payments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Military Facility Structure Review Act of 2003''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Review of the Overseas Military Facility Structure of the United States (in this Act referred to as the ``Commission''). (b) Membership.--(1) The Commission shall be composed of 8 members of whom-- (A) 2 shall be appointed by the Majority Leader of the Senate; (B) 2 shall be appointed by the Minority Leader of the Senate; (C) 2 shall be appointed by the Speaker of the House of Representatives; and (D) 2 shall be appointed by the Minority Leader of the House of Representatives. (2) Individuals appointed to the Commission shall have significant experience in the national security or foreign policy of the United States. (3) Appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman; Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. SEC. 3. DUTIES OF COMMISSION. (a) Study.--The Commission shall conduct a thorough study of matters relating to the military facility structure of the United States overseas. (b) Matters To Be Studied.--In conducting the study, the Commission shall-- (1) assess the number of forces required to be forward based outside the United States; (2) examine the current state of the military facilities and training ranges of the United States overseas for all permanent stations and deployed locations, including the condition of land and improvements at such facilities and ranges and the availability of additional land, if required, for such facilities and ranges; (3) identify the amounts received by the United States, whether in direct payments, in-kind contributions, or otherwise, from foreign countries by reason of military facilities of the United States overseas; (4) assess whether or not the current military basing and training range structure of the United States overseas is adequate to meet the current and future mission of the Department of Defense, including contingency, mobilization, and future force requirements; (5) assess the feasibility and advisability of the closure or realignment of military facilities of the United States overseas, or of the establishment of new military facilities of the United States overseas; and (6) consider or assess any other issue relating to military facilities of the United States overseas that the Commission considers appropriate. (c) Report.--(1) Not later than August 30, 2004, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) In addition to the matters specified in paragraph (1), the report shall also include a proposal by the Commission for an overseas basing strategy for the Department of Defense in order to meet the current and future mission of the Department. SEC. 4. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Administrative Support Services.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support necessary for the Commission to carry out its duties under this Act. (d) 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. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission under this Act. 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.--(1) 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 under this Act. (2) Members and staff of the Commission may receive transportation on aircraft of the Military Airlift Command to and from the United States, and overseas, for purposes of the performance of the duties of the Commission to the extent that such transportation will not interfere with the requirements of military operations. (c) Staff.--(1) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties under this Act. The employment of an executive director shall be subject to confirmation by the Commission. (2) The Commission may employ a staff to assist the Commission in carrying out its duties. The total number of the staff of the Commission, including an executive director under paragraph (1), may not exceed 12. (3) The Chairman of the Commission may fix the compensation of the executive director and other 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 executive director and other 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 employee of the Department of Defense, the Department of State, or the General Accounting Office 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 Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which 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. SEC. 6. SECURITY. (a) Security Clearances.--Members and staff of the Commission, and any experts and consultants to the Commission, shall possess security clearances appropriate for their duties with the Commission under this Act. (b) In General.--The Secretary of Defense shall assume responsibility for the handling and disposition of any information relating to the national security of the United States that is received, considered, or used by the Commission under this title. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 45 days after the date on which the Commission submits its report under section 3. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $3,000,000 to the Commission to carry out this Act. (b) Availability.--The amount authorized to be appropriated by subsection (a) shall remain available, without fiscal year limitation, until September 2005. | Overseas Military Facility Structure Review Act of 2003 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) study matters relating to the military facility structure of the United States overseas; and (2) report review results to the President and Congress, including a proposal for an overseas basing strategy to meet current and future mission requirements of the Department of Defense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Osteoporosis and Related Bone Diseases Research Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) osteoporosis, or porous bone, is a condition characterized by an excessive loss of bone tissue and an increased susceptibility to fractures of the hip, spine, and wrist; (2) osteoporosis is a threat to an estimated 25,000,000 Americans, 80 percent of whom are women, many of whose cases go undiagnosed because the condition develops without symptoms until a strain, bump, or fall causes a fracture; (3) between 3 and 4 million Americans have Paget's disease, osteogenesis imperfecta, hyperparathyroidism, and other related metabolic bone diseases; (4) osteoporosis is responsible for 1,500,000 bone fractures annually, including more than 250,000 hip fractures, 500,000 vertebral fractures, 200,000 fractures of the wrist, and the remaining fractures at other limb sites; (5) 1 of every 2 women and 1 of every 8 men over age 50 will develop fractures associated with osteoporosis; (6) direct medical costs of osteoporosis are estimated to be $10,000,000,000 annually for the United States, not including the costs of family care and lost work for caregivers; (7) direct medical costs of osteoporosis are expected to increase precipitously because the proportion of the population comprised of older persons is expanding and each generation of older persons tends to have a higher incidence of osteoporosis than preceding generations; (8) technology now exists, and new technology is developing, that will permit early diagnosis and prevention of osteoporosis as well as management of the condition once it has developed; (9) funding for research on osteoporosis and related bone diseases is severely constrained at key research institutes, including the National Institute of Arthritis and Musculoskeletal and Skin Diseases, the National Institute on Aging, the National Institute of Diabetes and Digestive and Kidney Diseases, the National Institute of Dental Research, and the National Institute of Child Health and Human Development; (10) further research is needed to improve medical knowledge concerning-- (A) cellular mechanisms related to the processes of bone resorption and bone formation, and the effect of different agents on bone remodeling; (B) risk factors for osteoporosis, including newly discovered risk factors, risk factors related to groups not ordinarily studied (such as men and minorities), risk factors related to genes that help to control skeletal metabolism, and risk factors relating to the relationship of aging processes to the development of osteoporosis; (C) bone mass measurement technology, including more widespread and cost-effective techniques for making more precise measurements and for interpreting measurements; (D) calcium (including bioavailability, intake requirements, and the role of calcium in building heavier and denser skeletons), and vitamin D and its role as an essential vitamin in adults; (E) prevention and treatment, including the efficacy of current therapies, alternative drug therapies for prevention and treatment, and the role of exercise; and (F) rehabilitation; and (11) further educational efforts are needed to increase public and professional knowledge of the causes of, methods for avoiding, and treatment of osteoporosis. SEC. 3. OSTEOPOROSIS RESEARCH. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by adding at the end the following new section: ``SEC. 442A. RESEARCH ON OSTEOPOROSIS AND RELATED DISEASES. ``(a) Expansion of Research.--The Director of the Institute, the Director of the National Institute on Aging, the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, the Director of the National Institute of Dental Research, and the Director of the National Institute of Child Health and Human Development shall expand and intensify research on osteoporosis and related bone diseases. The research shall be in addition to research that is authorized under any other provision of law. ``(b) Mechanisms for Expansion of Research.--Each of the Directors specified in subsection (a) shall, in carrying out such subsection, provide for one or more of the following: ``(1) Investigator-initiated research. ``(2) Funding for investigators beginning their research careers. ``(3) Mentorship research grants. ``(4) Specialized centers. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for the National Institute of Arthritis and Musculoskeletal and Skin Diseases, $6,500,000 for the National Institute on Aging, $6,500,000 for the National Institute of Diabetes and Digestive and Kidney Diseases, $4,000,000 for the National Institute of Dental Research, and $3,000,000 for the National Institute of Child Health and Human Development for each of the fiscal years 1997 through 1999, and such sums as may be necessary for subsequent fiscal years. These funds are in addition to amounts authorized to be appropriated for biomedical research relating to osteoporosis and related bone diseases under any other provision of law. ``(d) Related Bone Diseases Defined.--As used in this section, the term `related bone diseases' includes-- ``(1) Paget's disease, a bone disease characterized by enlargement and loss of density with bowing and deformity of the bones; ``(2) osteogenesis imperfecta, a familial disease marked by extreme brittleness of the long bones; ``(3) hyperparathyroidism, a condition characterized by the presence of excess parathormone in the body resulting in disturbance of calcium metabolism with loss of calcium from bone and renal damage; ``(4) hypoparathyroidism, a condition characterized by the absence of parathormone resulting in disturbances of calcium metabolism; ``(5) renal bone disease, a disease characterized by metabolic disturbances from dialysis, renal transplants, or other renal disturbances; ``(6) primary or postmenopausal osteoporosis and secondary osteoporosis, such as that induced by corticosteroids; and ``(7) other general diseases of bone and mineral metabolism including abnormalities of vitamin D.''. | Osteoporosis and Related Bone Diseases Research Act of 1996 - Amends the Public Health Service Act to require specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Privacy Protection and Parental Empowerment Act of 1997''. SEC. 2. PROHIBITION OF CERTAIN ACTIVITIES RELATING TO PERSONAL INFORMATION ABOUT CHILDREN. (a) In General.--Chapter 89 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1822. Sale of personal information about children ``(a) Whoever, in or affecting interstate or foreign commerce, being a list broker, knowingly-- ``(1) sells, purchases, or receives remuneration for providing personal information about a child, knowing that such information pertains to a child, without the written consent of a parent of that child; ``(2) conditions any sale or service to a child or to that child's parent on the granting of such a consent; or ``(3) fails to comply with the request of a parent-- ``(A) to disclose the source of personal information offered for sale or remuneration by the list broker about that parent's child; ``(B) to disclose all information that has been sold or otherwise disclosed by that list broker about that child; ``(C) to disclose the identity of all persons to whom the list broker has sold or otherwise disclosed personal information about that child; or ``(D) to discontinue providing personal information to third parties about that parent's child; shall be fined under this title or imprisoned for not more than 1 year, or both. ``(b) Whoever, in or affecting interstate or foreign commerce, being a person who uses, in the course of commerce, any personal information about a child under age 16, that was obtained for commercial purposes, to contact that child or a parent of that child to offer a commercial product or service to that child, knowingly fails to comply with the request of a parent-- ``(1) to disclose the source of personal information about that parent's child; ``(2) to disclose all information that has been sold or otherwise disclosed by that list broker about that child; ``(3) to disclose the identity of all persons to whom personal information about that child has been disclosed; or ``(4) to discontinue providing personal information to third parties about that parent's child; shall be fined not more than $5,000. ``(c) Whoever, in or affecting interstate or foreign commerce, knowingly-- ``(1) uses prison inmate labor, or any worker who is registered pursuant to title XVII of the Violent Crime Control and Law Enforcement Act of 1994, for data processing of personal information about children; or ``(2) distributes or solicits any personal information about a child, with the intent of abusing or causing physical harm to the child or to sexually exploit the child, or having reason to believe that the child will be so abused, harmed, or exploited as a result of that distribution or solicitation; shall be fined under this title or imprisoned not more than 5 years, or both. ``(d) Whoever, in or affecting interstate or foreign commerce, knowingly releases personal information about another person's child to any entity that intends to use the information to solicit the sale of a product or service, without the permission of that child's parent, shall be fined not more than $5,000. ``(e) A child or a parent of a child with respect to whom a violation of this section occurs may in a civil action obtain appropriate relief, including statutory money damages of not less than $5,000. The court shall award a prevailing plaintiff in a civil action under this subsection a reasonable attorney's fee as a part of the costs. ``(f) Nothing in this section affects the sale of lists to-- ``(1) the National Center for Missing and Exploited Children; ``(2) accredited colleges, universities, and other institutions of higher learning; ``(3) the United States military; or ``(4) local, State, or Federal law enforcement agencies. ``(g) It shall be the duty of each list broker operating in or affecting interstate or foreign commerce to make that broker's databases available twice annually, without charge, to the National Center for Missing and Exploited Children, established under section 404(b) of the Missing Children's Assistance Act, in order to allow the Center to match it with the database of missing children held by the Center. ``(h) As used in this section-- ``(1) the term `child' means a person who has not attained the age of 16 years; ``(2) the term `parent' includes a legal guardian; ``(3) the term `personal information' means information (including name, address, telephone number, social security number, electronic mail address, and physical description) about an individual identified as a child, that would suffice to locate and contact that individual; and ``(4) the term `list broker' means a person who provides for remuneration mailing lists, computerized or telephone reference services, databases, or the like, containing personal information about children.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by adding at the end the following new item: ``1822. Sale of personal information about children.''. | Children's Privacy Protection and Parental Empowerment Act of 1997 - Amends the Federal criminal code to prohibit and set penalties for specified activities relating to personal information about a child (defined as a person under age 16), including knowingly: (1) selling such information (by a list broker) without the written consent of a parent of that child, knowing that such information pertains to a child; (2) using prison inmate labor for data processing of personal information about children; and (3) distributing or soliciting any such information, knowing or having reason to believe that the information will be used to abuse or physically harm the child. Sets penalties for contacting that child or a parent of that child (by a person who uses personal information about a child that was obtained for commercial purposes) to offer a commercial product or service to that child and knowingly failing to comply with a parent's request to: (1) disclose the source of such information, all information that has been sold or otherwise disclosed by that list broker about that child, and the identity of all persons to whom such information has been disclosed; or (2) discontinue providing such information to third parties. Sets penalties for knowingly releasing personal information about another person's child to any entity that intends to use the information to solicit the sale of a product or service, without the permission of that child's parent. Authorizes civil actions by a child or a parent with respect to whom a violation of this Act occurs. Directs the court to award a prevailing plaintiff a reasonable attorney's fee as part of the costs. Specifies that nothing in this Act affects the sale of lists to: (1) the National Center for Missing and Exploited Children (the Center); (2) accredited colleges, universities, and other institutions of higher learning; (3) the U.S. military; or (4) local, State, or Federal law enforcement agencies. Declares that it shall be the duty of each list broker operating in or affecting interstate or foreign commerce to make that broker's databases available twice annually, without charge, to the Center to allow the Center to match it with the database of missing children held by the Center. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Motorcoach Safety, Accountability, and Technology Act of 2013''. SEC. 2. BRAKE PERFORMANCE INSPECTIONS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that an individual conducts, before each trip of a motorcoach carried out by a provider of motorcoach services, a brake performance inspection for that motorcoach to ensure that the brake performance satisfies all requirements under Federal law. SEC. 3. BRAKE MONITORING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that-- (1) establish minimum performance standards for any electronic system onboard a motorcoach that is used to monitor the performance of an air brake system of that motorcoach; and (2) require that each motorcoach with an air brake system, if manufactured after the date that is 2 years after the effective date of the standards established under paragraph (1), be equipped with such an electronic system. SEC. 4. AUTOMATIC EMERGENCY BRAKING AND COLLISION WARNING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with-- (1) an automatic emergency braking system; and (2) a collision warning system. SEC. 5. LANE DEPARTURE WARNING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations, and with a gross vehicle weight rating of more than 10,000 pounds, be equipped with a lane departure warning system. SEC. 6. SPEED LIMITING DEVICES. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with a device that limits the speed at which the motorcoach may travel to not more than 70 miles per hour. SEC. 7. ADDITIONAL REGULATION REQUIREMENTS. In issuing regulations under sections 3, 4, 5, and 6 of this Act, the Secretary of Transportation shall-- (1) require that the technologies mandated for motorcoaches under those sections be tamper resistant; and (2) establish a process for certifying compliance with the regulations. SEC. 8. RETROFITTING. (a) Study.--The Secretary of Transportation shall conduct a study on the feasibility of requiring that motorcoaches, if not manufactured with the technologies referenced in sections 3, 4, 5, and 6 of this Act, be retrofitted with such technologies. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the study conducted under subsection (a). SEC. 9. REGROOVED, RECAPPED, AND RETREADED TIRES. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish standards for the use of regrooved, recapped, or retreaded tires on a motorcoach. SEC. 10. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. Section 31102(b)(2) of title 49, United States Code, is amended by striking subparagraph (X) and inserting the following: ``(X) except in the case of an imminent or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, weigh station, rest stop, turnpike service area, or a location where adequate food, shelter, and sanitation facilities are available for passengers and reasonable accommodation is available for passengers with disabilities; and''. SEC. 11. DEFINITIONS. In this Act, the following definitions apply: (1) Motorcoach.--The term ``motorcoach'' has the meaning given that term in section 32702(6) of MAP-21, except that the reference in such section to section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) shall be treated as referring to such section 3038(a)(3) as in effect on the day before the date of enactment of MAP-21. (2) Provider of motorcoach services.--The term ``provider of motorcoach services'' has the meaning given that term in section 32702(10) of MAP-21, except that the term ``motorcoach'', as used in such section, shall be treated as having the meaning given such term under paragraph (1) of this section. | Motorcoach Safety, Accountability, and Technology Act of 2013 - Directs the Secretary of Transportation (DOT) to issue regulations to ensure that an individual conducts a brake performance inspection before each motorcoach trip to ensure that the brake performance satisfies all federal law requirements. Directs the Secretary to issue regulations to: (1) establish minimum performance standards for onboard electronic air brake monitoring systems for motorcoaches, (2) require motorcoaches to be equipped with automatic emergency braking and collision warning systems, (3) require motorcoaches with a gross vehicle weight rating of more than 10,000 pounds to be equipped with a lane departure warning system, and (4) require motorcoaches to be equipped with a device to limit maximum speed to 70 miles per hour. Requires the Secretary to make such technologies tamper resistant. Directs the Secretary to study the feasibility of requiring motorcoaches be retrofitted with such technologies. Directs the Secretary to issue regulations to establish standards for motorcoaches to use regrooved, recapped, or retreaded tires. Revises Motor Carrier Safety Assistance Program requirements. Requires the Secretary to approve plans under which states agree to assume responsibility for improving motor carrier safety and adopt and to enforce commercial motor vehicle safety, hazardous materials transportation safety, or compatible regulations, standards, and orders if the plan ensures that (except in the case of an imminent or obvious safety hazard) an inspection of a passenger motorcoach is conducted at a station, terminal, border crossing maintenance facility, and destination (as under current law), but also a weigh station, rest stop, turnpike service area, or other location where adequate food, shelter, and sanitation facilities are available for passengers as well as passengers with disabilities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bottled Water Safety and Right to Know Act of 1999''. SEC. 2. CONSUMER CONFIDENCE REPORTS. Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349) is amended-- (1) in subsection (b), by adding at the end the following: ``(5) The Secretary shall-- ``(A) not later than 6 months after the date of enactment of this paragraph identify contaminants for which-- ``(i) the Administrator has established a national primary drinking water regulation under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1) and the Secretary has not established a standard of quality regulation for such contaminant or has established a standard of quality regulation or monitoring requirement that may be less protective of public health than the national primary drinking water regulation; or ``(ii) the Secretary has established a standard of quality regulation for such contaminant that may be less protective of public health than the standard for such a contaminant issued by the World Health Organization, the European Union, or the State of California; and ``(B) not later than 12 months after that date of enactment, propose an interim standard of quality regulation, for each contaminant identified under subparagraph (A), that contains a standard or monitoring requirement that is at least as protective of public health as the more protective of-- ``(i) the national primary drinking water regulation described in subparagraph (A); or ``(ii) a standard issued by the World Health Organization, European Union, or the State of California; and ``(C) not later than 24 months after that date of enactment, issue a final regulation of the standard described in subparagraph (B), for each identified contaminant. ``(6) The Secretary is authorized to award grants to the States for the enforcement of the regulations described in paragraph (5). ``(7)(A) Not later than 24 months after the date of enactment of this paragraph, the Secretary shall publish final regulations as described in paragraph (5) in the Federal Register. ``(B) If the Secretary fails to publish the regulations described in subparagraph (A), then-- ``(i) all functions that the Secretary of Health and Human Services exercised before the effective date of this subparagraph (including all related functions of any officer or employee of the Department of Health and Human Services) relating to inspections and enforcement concerning bottled water shall be transferred to the Environmental Protection Agency; ``(ii) all references to the Secretary in paragraph (5), notwithstanding the references in clause (i) and (ii) of subparagraph (A), and all references in paragraph (6) and subsections (c), (d), and (e) shall instead be to the Administrator; ``(iii) except as otherwise provided in this subparagraph, the assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under clause (i), subject to section 1531 of title 31, United States Code, shall be transferred to the Environmental Protection Agency, and unexpended funds transferred pursuant to this subparagraph shall be used only for the purposes for which the funds were originally authorized and appropriated; ``(iv) all orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- ``(I) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official of a Federal agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this subparagraph; and ``(II) that were in effect before the effective date of this subparagraph, or were final before the effective date of this subparagraph and are to become effective on or after the effective date of this subparagraph; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator or other authorized official, a court of competent jurisdiction, or by operation of law; ``(v) this subparagraph shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Secretary on the effective date of this subparagraph, with respect to functions transferred by this subparagraph; ``(vi) such proceedings and applications described in clause (v) shall be continued and orders shall be issued in such proceedings and appeals taken from the orders, and payments shall be made pursuant to the orders, as if this subparagraph had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, set aside, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law; ``(vii) nothing in this subparagraph shall be construed to prohibit the discontinuance or modification of any such proceeding described in clause (v) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subparagraph had not been enacted; ``(viii) this subparagraph shall not affect suits commenced before the effective date of this subparagraph, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subparagraph had not been enacted; ``(ix) no suit, action, or other proceeding commenced by or against the Secretary, or by or against any individual in the official capacity of such individual as an officer of the Secretary, shall abate by reason of the enactment of this subparagraph; ``(x) any administrative action relating to the preparation or promulgation of a regulation by the Secretary relating to a function transferred under this subparagraph may be continued by the Administrator with the same effect as if this subparagraph had not been enacted; and ``(xi) a reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- ``(I) the Secretary with regard to functions transferred under this subparagraph, shall be deemed to refer to the Administrator; and ``(II) the Department of Health and Human Services with regard to functions transferred under this subparagraph, shall be deemed to refer to the Environmental Protection Agency. ``(C) As used in subparagraph (B), the term `Federal agency' has the meaning given the term `agency' by section 551(1) of title 5, United States Code.''; and (2) by adding at the end the following: ``(c)(1) Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue regulations that require each manufacturer of bottled water to submit reports and display information as required under paragraph (2). ``(2) The regulations issued under paragraph (1) shall require that each manufacturer of bottled water shall-- ``(A) not later than 36 months after the date of enactment of this subsection and annually thereafter, prepare and submit in electronic form, on a form provided by the Secretary, an annual report to the Secretary that describes, at a minimum-- ``(i) the source of the water purveyed; ``(ii) the type of treatment to which the water has been subjected and whether such treatment meets the Secretary's criteria for full protection of immuno- compromised individuals from cryptosporidium and other microbial pathogens; ``(iii) the amount and range of any regulated contaminant detected in the water during the reporting year, the maximum contaminant level goal for the contaminant, if any, and whether the goal was exceeded during the reporting year; and ``(iv) the amount and range of any unregulated contaminant detected in the water during the reporting year that is subject to unregulated contaminant monitoring or notification requirements under sections 1445 or 1414, respectively, of the Safe Drinking Water Act (42 U.S.C. 300j-4; 300g-3), or that the Secretary determines may present a threat to public health; and ``(B) for the second and each subsequent reporting year, display on the labels of the bottled water-- ``(i) if the maximum contaminant level goal or lowest health advisory level under the Safe Drinking Water Act (whichever is lower) for a regulated contaminant is exceeded during the preceding reporting year-- ``(I) the amount and range of the regulated contaminant in the bottled water; ``(II) the maximum contaminant level goal for the contaminant; and ``(III) a plain definition of `maximum contaminant level goal' as determined by the Administrator; ``(ii) the amount and range of any unregulated contaminant detected in the water during the preceding reporting year that is subject to unregulated contaminant monitoring or notification requirements under sections 1445 or 1414, respectively, of the Safe Drinking Water Act (42 U.S.C. 300j-4; 300g-3) or that the Secretary has determined may present a threat to public health; ``(iii) the source of the water; ``(iv) the type of treatment, if any, to which the water has been subjected and whether such treatment meets the Secretary's criteria for full protection of immuno-compromised individuals for cryptosporidium and other microbial pathogens; ``(v) the address for the Internet website described in paragraph (3)(A); and ``(vi) the toll-free telephone number described in paragraph (3)(B). ``(3) Not later than 6 months after the date on which an annual report referred to in paragraph (2) is submitted to the Secretary, the Secretary shall make the report available to the public-- ``(A) on an Internet website maintained by the Secretary; and ``(B) in paper form, in English, Spanish, and in any other language determined to be appropriate by the Secretary, upon request made through use of a toll-free telephone number maintained by the Secretary. ``(4) In addition to submitting an annual report under paragraph (2), the manufacturer may also submit a supplement to the Secretary that contains additional information that the manufacturer determines to be appropriate for public education. The Secretary may make the supplement available to the public in the same manner as the annual report is made available to the public under paragraph (3). ``(5) In the same manner as the annual report is made available to the public under paragraph (3), the Secretary shall make the following information available to the public: ``(A) The definitions of the terms `maximum contaminant level goal' and `maximum contaminant level'. ``(B) For any regulated contaminant described in paragraph (2)(A), a statement setting forth-- ``(i) the maximum contaminant level goal; ``(ii) the maximum contaminant level; and ``(iii) if a violation of the maximum contaminant level has occurred during the reporting year, the potential health concerns associated with such a violation. ``(C) For any unregulated contaminant described in paragraph (2)(A), a statement describing the health advisory or explaining the reasons for determination by the Secretary that the contaminant may present a threat to public health. ``(D) A statement explaining that the presence of contaminants in bottled drinking water does not necessarily create a health risk. ``(E) The date of the last Federal and State inspections of the bottled water facilities relating to the safety of the water. ``(F) A statement describing any violations discovered at the facilities during the inspections described in subparagraph (E) and any enforcement actions that were taken as a consequence of the violations. ``(G) The date of recall of any bottled water and the reasons for the recall. ``(d) Every manufacturer of bottled water who is subject to any requirement of this section shall maintain such records, make such reports, conduct such monitoring, and provide such information as the Secretary may reasonably require by regulation in order to assist the Secretary in establishing regulations under this section, in determining whether the manufacturer has acted or is acting in compliance with this section, in evaluating the health risks of unregulated contaminants, or in advising the public of such risks. ``(e) Not later than 12 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall make available to the public, in the same manner as the annual report is made available under subsection (c)(3), information regarding violations of bottled water regulations relating to inspections, and any enforcement actions taken in regards to such violations. The Secretary shall establish and administer a grant program to fund the gathering of such information. ``(f) In this section: ``(1) The term `bottled water' means all water sold in the United States that-- ``(A) is intended for human consumption; ``(B) is sealed in bottles or other containers; and ``(C) may be still or carbonated, but has no sweeteners or juices added to the water, except for trace levels of flavorings. ``(2) The term `contaminant' means any physical, chemical, biological, or radiological substance or matter in water. ``(3) The term `maximum contaminant level' has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). ``(4) The term `maximum contaminant level goal' means a goal established by the Administrator under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1). ``(5) The term `regulated contaminant' means a contaminant that is regulated under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1). ``(6) The term `unregulated contaminant' means a contaminant that is not regulated under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1).''. SEC. 3. PROHIBITED ACTS. Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aa) The failure by a manufacturer of bottled water to submit an annual report or display the required information on labels of bottled water in accordance with section 410(c).''. | Bottled Water Safety and Right to Know Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) direct the Secretary of Health and Human Services to identify and establish standards for contaminants in bottled water at least as protective as for national primary drinking water; and (2) transfer regulatory authority over bottled water to the Environmental Protection Agency if such standards are not established within the required time frame. Sets forth contaminant, source, and treatment related reporting and labeling requirements for bottled water manufacturers. Requires such information to be made available to the public. Makes the failure of a bottled water manufacturer to submit an annual report or display required label information a prohibited act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Counterterrorism Awareness Workshop Series Act of 2017''. SEC. 2. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES. (a) In General.--Title V of the Homeland Security Act (6 U.S.C. 311 et seq.) is amended by adding at the end the following new section: ``SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES. ``(a) In General.--The Administrator, in consultation with the Director of the National Counterterrorism Center and the Director of the Federal Bureau of Investigation, shall establish a Joint Counterterrorism Awareness Workshop Series (in this section referred to as the `Workshop Series') to address emerging terrorist threats and to enhance the ability of State and local jurisdictions to prevent, protect against, respond to, and recover from terrorist attacks. ``(b) Purpose.--The Workshop Series established under subsection (a) shall include the following components: ``(1) Reviewing existing preparedness, response, and interdiction plans, policies, and procedures related to terrorist attacks of the participating jurisdictions and identifying gaps in such plans, operational capabilities, response resources, and authorities. ``(2) Identifying Federal, State, and local resources available to address the gaps identified in accordance with paragraph (1). ``(3) Providing assistance, through training, exercises, and other means, to build or sustain, as appropriate, the capabilities to close such identified gaps. ``(4) Examining the roles and responsibilities of participating agencies and respective communities in the event of a terrorist attack. ``(5) Improving situational awareness and information sharing among all participating agencies in the event of a terrorist attack. ``(6) Identifying and sharing best practices and lessons learned from each Workshop Series established under subsection (a). ``(c) Designation of Participating Cities.--The Administrator shall select jurisdictions to host a Workshop Series from those cities that-- ``(1) are currently receiving, or that previously received, funding under section 2003; and ``(2) have requested to be considered. ``(d) Workshop Series Participants.--Individuals from State and local jurisdictions and emergency response providers in cities designated under subsection (c) shall be eligible to participate in the Workshop Series, including the following: ``(1) Senior elected and appointed officials. ``(2) Law enforcement. ``(3) Fire and Rescue. ``(4) Emergency management. ``(5) Emergency Medical Services. ``(6) Public health officials. ``(7) Private sector representatives. ``(8) Other participants as deemed appropriate by the Administrator. ``(e) Reports.-- ``(1) Workshop series report.--The Administrator, in consultation with the Director of the National Counterterrorism Center, the Director of the Federal Bureau of Investigation, and officials from the city in which a Workshop Series is held, shall develop and submit to all of the agencies participating in such Workshop Series a report after the conclusion of each such Workshop Series that addresses the following: ``(A) Key findings about lessons learned and best practices from each such Workshop Series. ``(B) Potential mitigation strategies and resources to address gaps identified during each such Workshop Series. ``(2) Annual reports.--Not later than 1 year after the date of the enactment of this section and annually thereafter for the next 5 years, the Administrator, in consultation with the Director of the National Counterterrorism Center and the Director of the Federal Bureau of Investigation, 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 a comprehensive summary report of the key themes, lessons learned, and best practices identified during the Workshop Series held during the previous year. ``(f) Authorization.--There is authorized to be appropriated $1,000,000 for each of fiscal years 2018 through 2022 to carry out this section.''. (b) 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 528 the following new item: ``Sec. 529. Joint Counterterrorism Awareness Workshop Series.''. Passed the House of Representatives September 14, 2017. Attest: KAREN L. HAAS, Clerk. | Joint Counterterrorism Awareness Workshop Series Act of 2017 (Sec. 2) This bill amends the Homeland Security Act to direct the Federal Emergency Management Agency (FEMA) to establish a Joint Counterterrorism Awareness Workshop Series to address emerging terrorist threats and to enhance the ability of state and local jurisdictions to prevent, protect against, respond to, and recover from terrorist attacks. The workshop series shall include: reviewing terrorism preparedness, response, and interdiction plans, policies, and procedures of the participating jurisdictions and identifying gaps in such plans, operational capabilities, response resources, and authorities; identifying federal, state, and local resources available to address such gaps; providing assistance to build or sustain the capabilities to close such gaps; examining the roles and responsibilities of participating agencies and respective communities in the event of a terrorist attack; improving situational awareness and information sharing among all participating agencies in the event of such an attack; and identifying and sharing best practices and lessons learned from each workshop series. FEMA shall select jurisdictions to host a workshop series from cities that have received or are receiving funding under the Urban Area Security Initiative and have requested to be considered. Individuals from state and local jurisdictions and emergency response providers in cities selected shall be eligible to participate in the series. FEMA must report, each year for the next six years, to all participating agencies and to Congress regarding key findings or themes, lessons learned, and best practices identified. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cats and Public Safety Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of United States legal wildlife trade was recently estimated at $2,800,000,000 annually. (2) The illegal trade in prohibited wildlife species (as that term is defined in the Lacey Act Amendments of 1981) stimulates demand and expands markets in which those species can be illegally sold. (3) The private ownership of and commerce in prohibited wildlife species has a substantial and detrimental effect on the health and general welfare of the American people and on the species themselves. (4) Activities related to prohibited wildlife species that are not an integral part of the interstate or foreign commerce in such species, such as private ownership and possession, nonetheless have a substantial and direct effect upon interstate commerce because-- (A) after breeding, many prohibited wildlife species are transported in interstate commerce; and (B) privately owned prohibited wildlife species have been transported in interstate commerce before transfer of ownership. (5) Private ownership of prohibited wildlife species contributes to swelling the interstate traffic in those species. (6) Prohibited wildlife species in private ownership or possession, or distributed intrastate, are fungible commodities that cannot be differentiated from prohibited wildlife species possessed or distributed interstate. Thus, it is not feasible to distinguish, in terms of control, between prohibited wildlife species in private ownership or possession or distributed intrastate and prohibited wildlife species possessed and distributed interstate. (7) Federal control of the intrastate private ownership and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in such species. (8) The United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which was designed to protect species of wild fauna and flora against over-exploitation through international trade. SEC. 3. DEFINITIONS. Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended by adding at the end the following: ``(l) Breed.--The term `breed' means to facilitate the reproduction of a prohibited wildlife species for commercial use.''. SEC. 4. PROHIBITIONS. Section 3(a) of such Act (16 U.S.C. 3372(a)) is amended-- (1) in paragraph (2)-- (A) by adding ``or'' after the semicolon at the end of subparagraph (A); and (B) by striking subparagraph (C); (2) by striking ``or'' after the semicolon at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following: ``(4) subject to subsection (e), to import, export, transport, sell, receive, acquire, purchase, breed, possess, or own any prohibited wildlife species; or''; and (3) in paragraph (5), as so redesignated, by striking ``(1) through (3)'' and inserting ``(1) through (4)''. SEC. 5. NONAPPLICABILITY OF OFFENSES. (a) In General.--Section 3(e) of such Act (16 U.S.C. 3372(e)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--Subsection (a)(4) does not apply to-- ``(A) importation, exportation, transportation, sale, receipt, acquisition, breeding, possession, ownership, or purchase of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in subparagraph (A), (B), (C), or (D) paragraph (2) with respect to that species; and ``(B) transportation, possession, or ownership of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in subparagraph (E) of paragraph (2) with respect to that animal.''; and (2) in paragraph (2)-- (A) by amending subparagraph (A) to read as follows: ``(A) is a zoo accredited by the Association of Zoos and Aquariums;''; and (B) in subparagraph (C)-- (i) by striking ``is an accredited''; (ii) in clause (iii), by striking ``and''; (iii) in clause (iv), by striking ``or'' and inserting ``and''; and (iv) by adding at the end the following: ``(v) does not allow the transport and display of animals off-site;''; (C) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(E) is in possession of one or more animals of the prohibited wildlife species, that-- ``(i) were born before the date of enactment of this subparagraph; and ``(ii) are registered with the Animal and Plant Health Inspection Service within 6 months after the date of promulgation of regulations implementing this subparagraph by the Secretary of the Interior and the Secretary of Agriculture.''. (b) Regulations.--Not later than 6 months after the date of enactment of this Act the Secretary of the Interior, acting through the United States Fish and Wildlife Service, and the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall promulgate regulations implementing the amendments made by this section. SEC. 6. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of such Act (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(a)(4),'' after ``subsections''; and (2) by striking ``subsection (d)'' and inserting ``subsection (a)(4), (d),''. (b) Criminal Penalties.--Section 4(d) of such Act (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or'' after the comma at the end; (B) in subparagraph (B), by adding ``or'' after the comma at the end; and (C) by inserting after subparagraph (B) the following: ``(C) knowingly violates paragraph (4) of section 3(a),''; and (2) in paragraph (2), by inserting ``, or in the exercise of due care should know that the conduct violates paragraph (4) of section 3(a),'' after ``treaty or regulation''. SEC. 7. FORFEITURE. Section 5(a) of such Act (16 U.S.C. 3374(a)) is amended-- (1) in paragraph (1), by inserting ``bred, possessed, owned,'' after ``acquired,''; and (2) in paragraph (2)-- (A) by inserting ``breeding, possessing, owning,'' after ``acquiring,''; and (B) by inserting ``or involved the breeding, possession, or ownership of a prohibited wildlife species''. | Big Cats and Public Safety Protection Act - Amends the Lacey Act Amendments of 1981 to prohibit any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing, breeding, possessing, or owning any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce). Includes among exemptions to such prohibition the: (1) breeding of such species by authorized persons; and (2) transportation, possession, or ownership of such species by authorized persons. Defines "breeding" as facilitating the reproduction of prohibited wildlife species (any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) for commercial use. Removes from the list of persons authorized to import, export, transport, sell, receive, acquire, breed, possess, own, or purchase such species a person that is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service (APHIS) or any other federal agency with respect to such species. Includes in such list: (1) a zoo accredited by the Association of Zoos and Aquariums; (2) a wildlife sanctuary that cares for such species, is a tax exempt corporation, does not commercially trade in or propagate such species, does not allow direct contact between the public and animals, and does not allow the transport and display of such species off-site; and (3) a person that is in possession of animals of such species that were born before the date of this Act's enactment and that are registered with APHIS within six months after such regulations are promulgated. Establishes civil and criminal penalties and forfeiture requirements for violations of this Act. |
SECTION 1. FOREIGN COMPANIES CARRYING ON INSURANCE BUSINESS OF THE INTERNAL REVENUE CODE OF 1986. (a) Treatment of Effectively Connected Net Investment Income of Insurance Companies.-- (1) In general.--Subsection (b) of section 842 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (6), (7), (8), and (9), respectively, and by striking out paragraph (1) and inserting the following new paragraphs: ``(1) Recomputation of net investment income.--Each foreign company taxable under part I or II of this subchapter shall recompute its effectively connected net investment income for any taxable year beginning after December 31, 1987 (hereafter in this subsection referred to as the `recomputed year') by making the adjustments specified in paragraph (2) for the second succeeding taxable year (hereafter in the subsection referred to as the `adjustment year'). ``(2) Adjustments.-- ``(A) Increase where recomputed amount greater.-- If-- ``(i) the recomputed effectively connected net investment income for the recomputed year, exceeds ``(ii) the effectively connected net investment income for such year (determined without regard to this subsection), such excess shall increase the effectively connected net investment income for the adjustment year. ``(B) Decrease where recomputed amount lesser.-- If-- ``(i) the effectively connected net investment income for the recomputed year (determined without regard to this subsection), exceeds ``(ii) the recomputed effectively connected net investment income for such year, such excess shall reduce the effectively connected net investment income for the adjustment year. ``(C) Interest on adjustments.--The foreign company shall pay (or be entitled to receive) interest in the amount which would have been computed under chapter 67 on the underpayment or overpayment (as the case may be) which would have resulted if the adjustment under subparagraph (A) or (B) (whichever applies) were made for the recomputed year. ``(3) Recomputed effectively connected net investment income.--For purposes of this subsection, the term `recomputed effectively connected net investment income' means the greater of-- ``(A) the cumulative effectively connected net investment income (determined without regard to this subsection) for the recomputed year and all preceding taxable years beginning after December 31, 1987, or ``(B) the cumulative minimum effectively connected net investment income for the recomputed year and such preceding taxable years, reduced by the amount of the cumulative recomputed effectively connected net investment income determined under this subsection for such preceding taxable years. ``(4) Minimum effectively connected net investment income.--For purposes of this subsection, the term `minimum effectively connected net investment income' means, with respect to any taxable year, the product of-- ``(A) the required United States assets of the foreign company, and ``(B) the domestic investment yield applicable to such company for such taxable year. ``(5) Effectively connected net investment income.--For purposes of this subsection, the term `effectively connected net investment income' means the net investment income which is effectively connected with the conduct of an insurance business within the United States.'' (2) Conforming amendments.-- (A) Paragraph (7) of section 842(b) of such Code, as redesignated by subsection (a), is amended by striking ``paragraph (1)(B)'' and inserting ``paragraph (4)(B)''. (B) Subparagraph (A) of section 842(b)(8) of such Code, as redesignated by subsection (a), is amended by striking ``paragraph (1)(B)'' and inserting ``paragraph (4)(B)''. (C) Paragraph (3) of section 842(c) of such Code is amended to read as follows: ``(3) Adjustment of limitation on deduction for policyholder dividends in the case of foreign mutual life insurance companies.--For purposes of section 809, the equity base of any foreign mutual life insurance company as of the close of any adjustment year shall be increased by the excess of-- ``(A) the required United States assets of the company for the second preceding taxable year (determined under subsection (b)(6)), over ``(B) the mean of the assets held in the United States during the second preceding taxable year.'' (D) Paragraph (4) of section 842(c) of such Code is amended to read as follows: ``(4) Data used in determining domestic asset/liability percentages and domestic investment yields.--Each domestic asset/liability percentage, and each domestic investment yield, for any taxable year shall be based on representative tax return data with respect to domestic insurance companies for such taxable year (or where such data is unavailable, such representative data as the Secretary considers appropriate).'' (b) Effective Date.--The amendments made by this section shall apply as if included in the provision of the Omnibus Budget Reconciliation Act of 1987 to which they relate. | Amends the Internal Revenue Code to revise provisions determining the effectively connected net investment income of foreign companies carrying on insurance business in the United States. Requires such companies to recompute their effectively connected net investment income for taxable years beginning after December 31, 1997. Provides for increases (or decreases, as appropriate) in such income where the recomputed amount exceeds (or is less than) the income for the recomputed year. Requires payment (or receipt) of interest on the underpayment (or overpayment) of adjusted amounts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kalief Browder Reentry Success Act of 2017'' or ``Kalief's Law''. SEC. 2. MENTAL HEALTHCARE PILOT PROGRAM FOR PRISONERS UPON RELEASE. (a) Authorization.--The Attorney General, in consultation with the Director of the National Institute of Mental Health, shall carry out a pilot program in not more than 5 correctional facilities owned and operated by the Bureau of Prisons and not more than 5 correctional facilities owned or operated by a State or local department of corrections in order to provide mental health services and other social services to eligible individuals in accordance with subsection (b). (b) Availability of Mental Health Services.--The head of a correctional facility that is participating in the pilot program under this section shall enter into a contract with a provider of mental health services and providers of other social services in order to provide, for eligible individuals, the following: (1) A comprehensive screening of the individual's mental health prior to the individual's release from custody. (2) Upon release from a correctional facility, access to mental health services and other social services, including measures to facilitate the individual's access to-- (A) evidence-based psychosocial interventions; (B) necessary psychiatric medications, including re-evaluation by a psychiatrist who may prescribe medications that are different than those eligible individuals received in a correctional setting; (C) the individual's medical records from the correctional facility; and (D) services to assist the individual in obtaining housing, employment, and personal records, including records which may be required to obtain a personal identification card. (c) Application for State and Local Correctional Facilities.--The head of a State or local department of corrections seeking to participate in the pilot program under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require, including a plan to provide the services described in subsection (b). (d) Federal Prisons.--The Attorney General, in consultation with the Director of the Bureau of Prisons, shall select the 5 Federal correctional facilities to participate in the pilot program under this section. (e) Priority.--In determining which correctional facilities to select for the pilot program under this section, the Attorney General shall give priority to correctional facilities at which-- (1) a high percentage of prisoners spend time in restrictive housing; or (2) there is a high percentage of recidivism and reincarceration among individuals recently released from that correctional facility. (f) Inclusion of Male and Female Correctional Facilities.--At least one correctional facility participating in the pilot program shall be a correctional facility at which only females are incarcerated, and at least one correctional facility participating in the pilot program shall be a correctional facility at which only males are incarcerated. (g) Certain Correctional Facilities Ineligible.--A correctional facility which is owned or operated by a private company with which a State, unit of local government, or the Bureau of Prisons has a contract is ineligible to participate in the pilot program under this section. (h) Termination.--The pilot program shall terminate on the date which is 2 years after the funds to carry out the pilot program are distributed to the correctional facilities participating in the pilot program. (i) Report.--Not later than 1 year after the conclusion of the pilot program under this section, the Attorney General, in consultation with the Director of the National Institute of Mental Health, shall submit to Congress a report that contains the following information: (1) Demographics of the eligible individuals who used the mental health services and other social services made available under the pilot program, including information relating to race, ethnicity, age, types of disability, and gender. (2) A description of the conditions at the correctional facilities participating in the pilot program, including information relating to the use and duration of restrictive housing. (3) Relating to the group of individuals described in paragraph (1)-- (A) employment and earning statistics; (B) information relating to housing and homelessness rates; (C) statistics relating to education levels; (D) mental health treatment utilization and adherence, and mental health outcomes; (E) statistics relating to recidivism; and (F) statistics relating to reincarceration. (j) Definitions.--In this section: (1) The term ``eligible individual'' means an individual who is serving a term of imprisonment or who is detained pending trial, and who has been ordered to be released from incarceration on a date that is not more than 180 days after the date on which the correctional facility at which the individual is incarcerated receives funds to carry out the pilot program under this section. (2) The term ``restrictive housing'' means any type of detention that involves-- (A) removal from the general inmate population, whether voluntary or involuntary; (B) placement in a locked room or cell, whether alone or with another inmate; and (C) inability to leave the room or cell for the vast majority of the day. (k) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 to carry out the program under this section for each of fiscal years 2018 through 2020. | Kalief Browder Reentry Success Act of 2017 or Kalief's Law This bill directs the Department of Justice to establish a pilot program to provide pre-release mental health screenings and post-release mental heath and social services to individuals who are incarcerated or detained at federal and state or local correctional facilities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Evacuees Tax Relief Act of 2005''. SEC. 2. EVACUATION EXPENSES. (a) Credit for Evacuation Expenses.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. EVACUATION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified evacuation expenses paid or incurred by the individual during the taxable year. ``(b) Dollar Limitation.--With respect to an individual, the aggregate amount of qualified evacuation expenses which may be taken into account under subsection (a) for all taxable years during the credit allowance period shall not exceed $5,000. ``(c) Qualified Evacuation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified evacuation expenses' means, with respect to any taxable year during the credit allowance period, the sum of all expenses paid or incurred by the individual during such taxable year by reason of a qualified evacuation. Such expenses shall include travel and lodging expenses as do not exceed $1,000, lost wages, and any property damage not compensated for by insurance or otherwise. ``(2) Qualified evacuation.--With respect to an individual, the term `qualified evacuation' means a voluntary or mandatory evacuation ordered by reason of a qualified disaster (as defined in section 139(c)) of an area in which such individual resides on the date of such disaster. ``(3) Credit allowance period.--With respect to a qualified evacuation, the term `credit allowance period' means the taxable year or years during which the evacuation occurred and each of the 3 succeeding taxable years. ``(d) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to an individual under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection, or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 26(a) were increased by the individual's social security taxes for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a). ``(2) Social security taxes.--For purposes of paragraph (1)-- ``(A) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(i) the amount of the taxes imposed by section 3101 and 3201(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(ii) 50 percent of the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(iii) 50 percent of the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(B) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(C) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such paragraph. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Election not to Have Section Apply.--An individual may elect not to have this section apply with respect to the qualified evacuation expenses of the individual for any taxable year.''. (b) Deduction for Evacuation Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR EVACUATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified evacuation expenses paid or incurred by the individual during the taxable year. ``(b) Dollar Limitation.--With respect to an individual, the aggregate amount of qualified evacuation expenses which may be taken into account under subsection (a) for all taxable years during the deduction allowance period shall not exceed $5,000. ``(c) Qualified Evacuation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified evacuation expenses' means, with respect to any taxable year during the deduction allowance period, the sum of all expenses paid or incurred by the individual during such taxable year by reason of a qualified evacuation. Such expenses shall include travel and lodging expenses as do not exceed $1,000, lost wages, and any property damage not compensated for by insurance or otherwise. ``(2) Qualified evacuation.--With respect to an individual, the term `qualified evacuation' means a voluntary or mandatory evacuation ordered by reason of a qualified disaster (as defined in section 139(c)) of an area in which such individual resides on the date of such disaster. ``(3) Deduction allowance period.--With respect to a qualified evacuation, the term `deduction allowance period' means the taxable year or years during which the evacuation occurred and each of the 3 succeeding taxable years. ``(d) Denial of Double Benefit.--No deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Election not to Have Section Apply.--An individual may elect not to have this section apply with respect to the qualified evacuation expenses of the individual for any taxable year.''. (2) Deduction allowed whether or not individual itemizes other deductions.--Subsection (a) of section 62 of such Code is amended by redesignating paragraph (19) (relating to health savings accounts) as paragraph (20) and inserting at the end the following new paragraph: ``(21) Deduction for evacuation expenses.--The deduction allowed by section 224.''. (c) Clerical Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Evacuation expenses.''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Deduction for evacuation expenses. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after August 27, 2005. | Evacuees Tax Relief Act of 2005 - Amends the Internal Revenue Code to allow individual taxpayers to elect either a tax credit or tax deduction for up to $5,000 of their voluntary or mandatory evacuation expenses due to a disaster. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Deployment Health Research Act of 2000''. TITLE I--NATIONAL CENTER FOR MILITARY DEPLOYMENT HEALTH RESEARCH. SEC. 101. ESTABLISHMENT OF NATIONAL CENTER. (a) Establishment.--There is established in the executive branch of the Government an agency to be known as the National Center for Military Deployment Health Research (hereinafter in this title referred to as the ``Center''). The Center shall, in accordance with this title, coordinate and conduct private and public research on deployment- related health issues of members of the Armed Forces, veterans, and their families. (b) Reporting.--(1) The Center shall be under the auspices of, and shall report to, the Military and Veterans Health Coordinating Board established on November 11, 1998, by Presidential Review Directive 5. (2) The provisions of that directive as in effect on the date of the enactment of this Act shall remain in effect unless changed by law. (3) The Research Working Group of that Board, as in effect on the date of the enactment of this Act, shall be disestablished, and the functions of that group shall be assumed by the Center. SEC. 102. GOVERNING BOARD. (a) Establishment of Governing Board.--The Center shall be under the direction of a Governing Board. The Governing Board shall consist of 21 members, appointed as follows: (1) Twelve members appointed by the President, of whom-- (A) six shall be appointed from persons who, by reason of training, experience, and education, have qualifications in the fields of research to be considered by the Board; and (B) six shall be appointed from the general population, including persons representing the interests of veterans and their families and the general public. (2) Three members appointed by the Secretary of Veterans Affairs from officers and employees of the Department of Veterans Affairs. (3) Three members appointed by the Secretary of Defense from officers and employees of the Department of Defense and members of the Armed Forces. (4) Three members appointed by the Secretary of Health and Human Services from officers and employees of the Department of Health and Human Services. (b) Recommendations by Independent Scientific Entity.--The President shall designate an independent scientific entity to make recommendations for appointments under paragraph (1) of subsection (a). When making such recommendations, the entity shall recommend twice the number of candidates as there are positions available. (c) Terms.--Persons appointed to the Governing Board under paragraph (1) of subsection (a) shall serve for a term of three years, except that, of the persons initially appointed-- (1) pursuant to subsection (a)(1)(A), two shall be appointed for a term of one year, and two shall be appointed for a term of two years; (2) pursuant to subsection (a)(1)(B), two shall be appointed for a term of one year, and two shall be appointed for a term of two years; (3) pursuant to subsection (a)(2), one shall be appointed for a term of one year, and one shall be appointed for a term of two years; (4) pursuant to subsection (a)(3), one shall be appointed for a term of one year, and one shall be appointed for a term of two years; and (5) pursuant to subsection (a)(4), one shall be appointed for a term of one year, and one shall be appointed for a term of two years. (d) Pay.--Persons appointed to the Governing Board under paragraph (1) of subsection (a) shall receive pay at the rate of basic pay payable for level IV of the Executive Schedule. Persons appointed to the Governing Board under paragraph (2), (3), or (4) of subsection (a) shall receive no additional compensation by reason of service on the board. (e) Chair of the Governing Board.--The President shall designate one of the members of the Governing Board to chair the Board. (f) Meetings.--The Governing Board shall meet on the call of the chair of the Board or a majority of the members of the Board. (g) Functions.--The functions of the Governing Board shall be as follows: (1) Development of a coordinated research agenda. (2) Commissioning of new research. (3) Creation of policies for the conduct and dissemination of research by the Center, other Federal entities, and non- Federal entities in matters relating to deployment-related health issues of members of the Armed Forces, veterans, and their families, including policies to minimize research duplication. (4) Evaluation of the results of research described in paragraph (3). (5) Development of policy recommendations that emerge from that research. (6) Communication of the results of the research described in paragraph (3) to the medical community and patients with deployment-related health issues. (h) Director.--The Governing Board shall select a Director for the Center, who shall receive pay at the rate of basic pay payable for level III of the Executive Schedule. SEC. 103. RESEARCH NETWORK. (a) In General.--The Center shall coordinate and conduct research activities relating to deployment-related health issues of members of the Armed Forces, veterans, and their families. The Center's research activities shall include (1) activities with respect to Federal research programs, and (2) Center-initiated research. (b) Federal Research Programs.--(1) The Center shall conduct and maintain an inventory of research programs relating to deployment- related health issues carried out by the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and other Federal officials. (2) The Center shall consult with, and seek the advice of, other federally sponsored researchers (both intramural and extramural) in developing the Center's research agenda. (c) Center-Initiated Research.--(1) The Center shall conduct a broad-based research program into deployment-related health issues. As part of that program, the Center may, from funds appropriated for that purpose, make grants for research into deployment-related health issues. Any such grant shall be made based upon issuance of a Request for Applications or a Request for Proposals. Applications and proposals shall be assessed through a peer-review process, which shall, to the extent possible, be carried out by the National Institutes of Health. (2) In conducting such research, the Center shall solicit proposals from other Federal agencies, from universities, and from other research sites. (3) In awarding contracts for research, the Center shall seek to establish a network of research sites at academic medical centers, university-wide research facilities, and other appropriate sources. (d) Core Research Principles.--Center-initiated research shall be conducted using the following core set of principles: (1) Use of a scientific peer-review process for all research. (2) Dissemination of research results to the scientific community through conventional venues of scientific communication. (3) Encouragement of interagency, interdepartmental, and Federal-academic collaboration. SEC. 104. CORE FUNCTIONS. The Center shall carry out the following core functions: (1) Research coordination and setting of priorities. (2) Synthesis of research for the purpose of developing policy recommendations. (3) Review and analysis of longitudinal monitoring of deployment-related health of veterans. (4) Facilitating the use of national data resources for research activities relating to deployment-related health issues. (5) Communication of the results of such research activities to the medical community and patients with deployment-related health issues. SEC. 105. ANNUAL REPORT; BUDGET. (a) Annual Report.--The Governing Board for the Center shall submit to Congress an annual report on the activities of the Center. The report shall include-- (1) a description of the activities of the Center during the preceding year; and (2) a detailed description of the proposed budget for the Center for the next fiscal year. (b) Budget.--Funds shall be provided for the Center for each fiscal year in a discrete appropriation. Amounts appropriated for the Center for the core functions of the Center and for Center-initiated research shall be set forth separately. SEC. 106. DEPLOYMENT-RELATED HEALTH ISSUES DEFINED. For purposes of this title, the term ``deployment-related health issues'' includes the following: (1) Issues relating to injuries and illnesses to members of the Armed Forces during deployment resulting from combat, training, infectious diseases, and environmental exposures. (2) Conditions that emerge during or following deployment, including-- (A) diagnosable conditions; (B) medically unexplained symptoms (both physical and mental); (C) effects on health-related quality of life; (D) family impacts; and (E) sequelae of combat injuries. (3) Conditions arising from inoculations before deployment that are intended to provide protection from conditions that could be encountered during deployment. TITLE II--CENTERS FOR RESEARCH ON POST-DEPLOYMENT ILLNESSES IN DEPARTMENT OF VETERANS AFFAIRS. SEC. 201. ESTABLISHMENT OF CENTERS (a) In General.--(1) Chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7323. Centers for research on post-deployment illnesses ``(a) The Secretary shall establish and operate centers for research, education, and clinical activities related to post-deployment illnesses. Such centers shall be known as `National Centers for Military Post-Deployment Illness Research'. Such centers shall be established and operated by collaborating Department facilities as provided in subsection (c)(1). ``(2) For purposes of this section and section 7324 of this title, the term `post-deployment illness' means any health condition being currently studied or that will be studied that has (or that may have) an association to or relation to a military deployment mission, including a peacekeeping mission. ``(3) Each such center shall function as a center for-- ``(A) research on post-deployment illnesses; ``(B) the use by the Department of specific models for furnishing services to treat post-deployment illnesses; ``(C) education and training of health-care professionals of the Department; and ``(D) the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department. ``(4) The Secretary shall provide for the research conducted by such centers to be compiled and transmitted to a centrally located coordinating center. ``(b)(1) The Secretary shall, upon the recommendation of the Under Secretary for Health, the Secretary of Defense, and the Secretary of Health and Human Services, designate not more than 25 centers under this section. In making such designations, the Secretary shall ensure that the centers designated are located in various geographic regions of the United States. (2) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose. ``(c) The Secretary may not designate a health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals which have met the highest competitive standards of scientific and clinical merit, and the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following: ``(1) An arrangement with an accredited medical school which provides education and training in post-deployment illnesses and with which such facility is affiliated under which residents receive education and training in post- deployment illnesses. ``(2) An arrangement under which nursing or allied health personnel receive training and education in post-deployment illnesses. ``(3) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. ``(4) A policymaking advisory committee composed of appropriate health-care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center. ``(5) The capability to conduct effectively evaluations of the activities of such center. ``(d)(1) In order to provide advice to assist the Secretary and the Under Secretary for Health in carrying out their responsibilities under this section, the Under Secretary shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this section. ``(2) The membership of the panel shall consist of experts in the fields of post-deployment illnesses research, education, and clinical care. Members of the panel shall serve as consultants to the Department for a period of no longer than six months. ``(3) The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. ``(4) The panel shall not be subject to the Federal Advisory Committee Act. ``(e) There are authorized to be appropriated such sums as may be necessary for the support of the research, treatment, and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical care account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. ``(f) Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in post-deployment illnesses.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``7323. Centers for research on post-deployment illnesses.''. | Title II: Centers for Research on Post-Deployment Illnesses in Department of Veterans Affairs - Directs the Secretary of Veterans Affairs to establish and operate centers for research, education, and clinical activities related to post-deployment illnesses, designating such centers as National Centers for Military Post-Deployment Illness Research. Defines a "post-deployment illness" as one having an association or relation to a military mission, including a peacekeeping mission. Allows the designation of no more than 25 centers, and requires geographical diversity of such centers. Requires the Under Secretary for Health of the Department of Veterans Affairs to establish a peer review panel to assess the scientific and clinical merit of proposals submitted for center designation. Authorizes appropriations. |
SECTION 1. MORTGAGE INTEREST DEDUCTION FOR QUALIFIED NON-REDEEMABLE GROUND RENTS. (a) In General.--Section 163(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Ground Rents.--For purposes of this subtitle, any annual or periodic rental under a redeemable ground rent (excluding amounts in redemption thereof) or a qualified non-redeemable ground rent shall be treated as interest on an indebtedness secured by a mortgage.'' (b) Treatment of Qualified Non-Redeemable Ground Rents.-- (1) In general.--Subsections (a), (b), and (d) of section 1055 of the Internal Revenue Code of 1986 (relating to redeemable ground rents) are amended by inserting ``or qualified non-redeemable'' after ``redeemable'' each place it appears. (2) Definition.--Section 1055 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Qualified Non-Redeemable Ground Rent.--For purposes of this subtitle, the term `qualified non-redeemable ground rent' means a ground rent with respect to which-- ``(1) there is a lease of land which is for a term in excess of 15 years, ``(2) no portion of any payment is allocable to the use of any property other than the land surface, ``(3) the lessor's interest in the land is primarily a security interest to protect the rental payments to which the lessor is entitled under the lease, and ``(4) the leased property must be used as the taxpayer's principal residence (within the meaning of section 1034).'' (3) Conforming amendments.-- (A) The heading for section 1055 of such Code is amended by striking ``redeemable''. (B) The item relating to section 1055 in the table of sections for part IV of subchapter O of chapter 1 of subtitle A of such Code is amended by striking ``Redeemable ground'' and inserting ``Ground''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, with respect to taxable years ending after such date. SEC. 2. CREDIT FOR TRANSACTION COSTS ON THE TRANSFER OF LAND SUBJECT TO CERTAIN GROUND RENTS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by inserting after section 30 the following new section: ``SEC. 30A. CREDIT FOR TRANSACTION COSTS. ``(a) Allowance of Credit.-- ``(1) In general.--At the election of the taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the transaction costs relating to any sale or exchange of land subject to ground rents with respect to which immediately after and for at least 1 year prior to such sale or exchange-- ``(A) the transferee is the lessee who owns a dwelling unit on the land being transferred, and ``(B) the transferor is the lessor. ``(2) Credit allowed to both transferor and transferee.-- The credit allowed under paragraph (1) shall be allowed to both the transferor and the transferee. ``(b) Limitations.-- ``(1) Limitation per dwelling unit.--The amount of the credit allowed to a taxpayer under subsection (a) for any taxable year shall not exceed the lesser of-- ``(A) $5,000 per dwelling unit, or ``(B) 10 percent of the sale price of the land. ``(2) Limitation based on taxable income.--The amount of the credit allowed to a taxpayer under subsection (a) for any taxable year shall not exceed the sum of-- ``(A) 20 percent of the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 28, 29, and 30, plus ``(B) the alternative minimum tax imposed by section 55. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Transaction costs.-- ``(A) In General.--The term `transaction costs' means any expenditure directly associated with a transaction, the purpose of which is to convey to the lessee, by the lessor, land subject to ground rents. ``(B) Specific expenditures.--Such term includes closing costs, attorney fees, surveys and appraisals, and telephone, office, and travel expenses incurred in negotiations with respect to such transaction. ``(C) Lost rents not included.--Such term does not include lost rents due to the premature termination of an existing lease. ``(2) Dwelling unit.--A dwelling unit shall include any structure or portion of any structure which serves as the principal residence (within the meaning of section 1034) for the lessee. ``(3) Reduction in basis.--The basis of property acquired in a transaction to which this section applies shall be reduced by the amount of credit allowed under subsection (a). ``(4) Election.--This section shall apply to any taxpayer for the taxable year only if such taxpayer elects to have this section so apply. ``(d) Carryover of Credit.-- ``(1) Carryover period.--If the credit allowed to the taxpayer under subsection (a) for any taxable year exceeds the amount of the limitation imposed by subsection (b)(2) for such taxable year (hereafter in this subsection referred to as the `unused credit year'), such excess shall be a carryover to each of the 5 succeeding taxable years. ``(2) Amount carried to each year.-- ``(A) Entire amount carried to first year.--The entire amount of the unused credit for an unused credit year shall be carried to the earliest of the 5 taxable years to which (by reason of paragraph (1)) such credit may be carried. ``(B) Amount carried to other 4 years.--The amount of unused credit for the unused credit year shall be carried to each of the remaining 4 taxable years to the extent that such unused credit may not be taken into account for a prior taxable year because of the limitation imposed by subsection (b)(2). ``(e) Termination.--This section shall not apply to any transaction cost paid or incurred in taxable years beginning after December 31, 1999.'' (b) Clerical Amendment.--The table of sections for such subpart B is amended by inserting after the item relating to section 30 the following new item: ``Sec. 30A. Credit for transaction costs on the transfer of land subject to certain ground rents.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 1994. | Amends the Internal Revenue Code to require qualified non-redeemable ground rents to be treated as interest on an indebtedness secured by a mortgage. Allows a credit for the transaction costs relating to any sale or exchange of land subject to ground rents and meeting specified requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Research to Accelerate Cures and Equity for Children Act'' or the ``RACE for Children Act''. SEC. 2. DRUG DEVELOPMENT FOR PEDIATRIC CANCER. (a) Molecular Targets Regarding Cancer Drugs.--Section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) is amended-- (1) in subsection (a)(2)(A)(i) by striking ``product for the claimed indications in all relevant pediatric subpopulations; and'' and inserting ``product in all relevant pediatric subpopulations-- ``(I) for the claimed indications; or''; ``(II) for a pediatric cancer indication, if the drug is intended for the treatment of an adult cancer and is directed at a molecular target considered to be germane to the growth and progression of such pediatric cancer; and''; (2) in subsection (b)(1)-- (A) by amending subparagraph (A)(i) to read as follows: ``(A)(i) the drug or biological product is used for a substantial number of pediatric patients-- ``(I) for the labeled indications; or ``(II) for a pediatric cancer indication, if the drug is intended for the treatment of an adult cancer and is directed at a molecular target considered to be germane to the growth and progression of such pediatric cancer; and''; and (B) by amending subparagraph (B) to read as follows: ``(B) there is reason to believe that the drug or biological product would represent a meaningful therapeutic benefit over existing therapies for pediatric patients-- ``(i) for one or more of the claimed indications; or ``(ii) for a pediatric cancer indication, if the drug is intended for the treatment of an adult cancer and is directed at a molecular target considered to be germane to the growth and progression of such pediatric cancer; or''; and (3) by amending paragraph (2) of subsection (c) to read as follows: ``(2) the drug or biological product is in a class of products, is for an indication, or is directed at a specific molecular target in an adult cancer and such molecular target is germane to the growth or progression of cancer in a pediatric cancer, for which there is need for additional options.''. (b) Early Meeting on Pediatric Study Plan.-- (1) In general.--Clause (i) of section 505B(e)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)(2)(C)) is amended to read as follows: ``(i) shall meet with the applicant-- ``(I) if requested by the applicant with respect to a drug that is intended to treat a serious or life-threatening disease or condition, to discuss preparation of the initial pediatric study plan, not later than the end-of- Phase 1 meeting (as such term is used in section 312.47(b) of title 21, Code of Federal Regulations, or successor regulations) or within 30 days of receipt of such request, whichever is later; ``(II) to discuss the initial pediatric study plan as soon as practicable, but not later than 90 calendar days after the receipt of such plan under subparagraph (A); and ``(III) to discuss any scientific or operational challenges that may be the basis of a deferral under subsection (a)(3) or a full or partial waiver under subsection (a)(4);''. (2) Conforming changes.--Section 505B(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)) is amended-- (A) in the heading of paragraph (2), by striking ``meeting'' and inserting ``meetings''; (B) in the heading of paragraph (2)(C), by striking ``Meeting'' and inserting ``Meetings''; (C) in clauses (ii) and (iii) of paragraph (2)(C), by striking ``no meeting'' each place it appears and inserting ``no meeting under clause (i)(II)''; and (D) in paragraph (3) by striking ``meeting under paragraph (2)(C)(i)'' and inserting ``meeting under paragraph (2)(C)(i)(II)''. (c) Orphan Drugs.--Section 505B(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(k)) is amended by inserting ``except in the case of a drug or biological product that is intended for the treatment of an adult cancer and is directed at a molecular target considered to be germane to the growth and progression of a pediatric cancer,'' after ``regulation,''. (d) Guidance.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue guidance on the implementation of the amendments to section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) made by this section, including-- (1) study designs; (2) molecular targets considered to be germane to the growth and progression present in one or more cancers in pediatric populations that may be appropriate for assessment under such section 505B, as so amended; and (3) considerations for implementation of such section 505B, as so amended, and waivers of the requirements of such section 505B with regard to molecular targets for which several drugs may be under investigation. (e) Applicability.--This section and the amendments made by this section apply with respect to applications for a drug submitted under section 505 of the Federal Food, Drug, or Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262) on or after the date that is 18 months after the date of enactment of this Act. (f) Report to Congress.--Section 508(b) of the FDA Safety and Innovation Act (21 U.S.C. 355c-1(b)) is amended-- (1) in paragraph (10), by striking ``; and'' and inserting ``;''; and (2) by striking paragraph (11) and inserting the following: ``(11) an assessment of the impact of the amendments to such section 505B made by the RACE for Children Act on pediatric labeling of drugs and pediatric labeling of molecularly targeted drugs for the treatment of cancer; ``(12) an assessment of the efforts of the Secretary to implement the plan developed under section 505C-1 of the Federal Food, Drug, and Cosmetic Act, regarding earlier submission of pediatric studies under sections 505A and 505B, including-- ``(A) the average length of time after the approval of an application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) before studies conducted pursuant to such sections 505A or 505B are completed, submitted, and incorporated into labeling; ``(B) the average length of time after the receipt of a proposed pediatric study request before the Secretary responds to such request; ``(C) the average length of time after the submission of a proposed pediatric study request before the Secretary issues a written request for such studies; ``(D) the number of written requests issued for each investigational new drug prior to the submission of an application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act; and ``(E) the average number, and range of numbers, of amendments to written requests issued; ``(13) a list of sponsors of applications or holders of approved applications who received exclusivity under such section 505A after receiving a letter issued under such section 505B(d)(1) and before the studies referred to in such letter were completed and submitted; and ``(14) a list of assessments required under subsection (a)(2)(A)(i)(II), and (b)(1)(B)(ii) of section 505B.''. (g) Rule of Construction.--Nothing in this section, including the amendments made by this section, shall limit the authority of the Secretary of Health and Human Services to issue written requests under section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a). SEC. 3. IMPROVING THE TIMELINESS OF PEDIATRIC STUDIES. (a) Informing Internal Review Committee.--Section 505A(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(f)) is amended by adding at the end the following: ``(7) Informing internal review committee.--The Secretary shall provide to the committee referred to in paragraph (1) any response issued to an applicant or holder with respect to a proposed pediatric study request.''. (b) Action on Submissions.--Section 505A(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(d)) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Action on submissions.--The Secretary shall review and act upon a submission of a proposed pediatric study request or a sponsor's proposed amendment to a written request for pediatric studies within 120 days of the submission.''. (c) Study.--The Secretary of Health and Human Services, acting through the internal review committee established under section 505C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355d) shall, not later than one year after the date of enactment of this Act, develop and implement a plan to achieve, when appropriate, earlier submission of pediatric studies under section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a). Such plan shall include recommendations to achieve-- (1) earlier discussion of proposed pediatric study requests and written requests with sponsors, and if appropriate, at the meeting required under section 505B(e)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)(2)(C)), as amended by section 2; (2) earlier issuance of written requests for a pediatric study under such section 505A, including for investigational new drugs prior to the submission of an application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)); and (3) shorter timelines, when appropriate, for the completion of studies pursuant to a written request under such section 505A. SEC. 4. NEONATOLOGY EXPERTISE. Section 6(d) of the Best Pharmaceuticals for Children Act (21 U.S.C. 393a(d)) is amended by striking ``For the 5-year period beginning on the date of enactment of this subsection, at'' and inserting ``At''. | Research to Accelerate Cures and Equity for Children Act or the RACE for Children Act This bill amends the Federal Food, Drug, and Cosmetic Act to expand Food and Drug Administration (FDA) requirements for sponsors of certain drugs and biological products for adult cancer to assess the use of their medications in pediatric populations. (Currently, applications for FDA approval of new medications or new uses of medications must include pediatric assessments of safety and effectiveness for claimed indications, with exceptions.) The pediatric assessment for medications, including orphan drugs, that are used to treat cancer in adults and target a molecule germane to pediatric cancer must assess the safety and effectiveness of the medication for pediatric cancer. The bill limits waivers of pediatric assessments for medications that target a molecule germane to a pediatric cancer for which there is a need for additional treatment options. The FDA may require the sponsor of an approved medication that targets a molecule germane to pediatric cancer to complete a pediatric assessment if: (1) the medication is used for a substantial number of pediatric cancer patients, or (2) there is reason to believe the medication would have a meaningful therapeutic benefit over existing therapies for pediatric cancer patients. The FDA committee that reviews requests for pediatric studies must implement a plan to achieve earlier submission of pediatric studies. (Currently, completion of pediatric clinical studies requested by the FDA extends the patents or marketing exclusivity period for a medication by six months, with exceptions.) The FDA must act within 120 days on proposed pediatric study requests and proposed amendments to requests. |
SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF PALAU. (a) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) Compact of free association.--The term ``Compact of Free Association'' means the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658). (b) Results of Compact Review.-- (1) In general.--Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: ``SEC. 105. RESULTS OF COMPACT REVIEW. ``(a) In General.--The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (referred to in this section as the `Compact of Free Association'), are approved-- ``(1) except for the extension of Article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to Article II of Title II and section 232 of the Compact of Free Association; and ``(2) subject to the provisions of this section. ``(b) Withholding of Funds.--If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in fiscal year 2015, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in that fiscal year, except that funds to be provided under section 3 of the Agreement may be released to replenish the 211(f) Fund if an arrangement had been made between the United States and the Republic of Palau to advance funds during such fiscal year from the 211(f) Fund for the purposes allowable under section 3 of the Agreement. ``(c) Funding for Certain Provisions Under Section 105 of Compact of Free Association.--Not later than 30 days after the date of the enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), 5, and 6 of the Agreement, which sums shall remain available until expended without any further appropriation. ``(d) Authorizations of Appropriations.--There are authorized to be appropriated-- ``(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, $1,500,000 for each of fiscal years 2016 through 2024, to remain available until expended but may be available pursuant to this paragraph to the United States Postal Service only so long as domestic postage may be used for mail to Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands; and ``(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended.''. (2) Offset.--Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding.-- (1) Compact section 211(f) fund.--Section 1 of the Agreement shall be construed as though the section reads as follows: ``SECTION 1. COMPACT SECTION 211(F) FUND. ``The Government of the United States shall contribute $30,250,000 to the Fund referred to in section 211(f) of the Compact in accordance with the following schedule: ``(1) $17,000,000 in fiscal year 2016. ``(2) $3,000,000 in fiscal year 2017. ``(3) $2,000,000 in each of fiscal years 2018 through 2022. ``(4) $250,000 in fiscal year 2023.''. (2) Infrastructure maintenance fund.--Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: ``(a) The Government of the United States shall provide a grant of $12,000,000 in fiscal year 2016, representing the amounts to have been provided by the United States in fiscal years 2011 through 2016 under section 2(a) of the Agreement, and a grant of $2,000,000 annually from the beginning of fiscal year 2017 through fiscal year 2024 to create a trust fund, to be known as the `Infrastructure Maintenance Fund', to be used for the routine and periodic maintenance of major capital improvement projects financed by funds provided by the United States. The Government of the Republic of Palau shall match the contributions made by the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis from the beginning of fiscal year 2016 through fiscal year 2024. Implementation of this subsection shall be carried out in accordance with the provisions of Appendix A of this Agreement.''. (3) Fiscal consolidation fund.--Section 3 of the Agreement shall be construed as though the section reads as follows: ``SEC. 3. FISCAL CONSOLIDATION FUND. ``The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2016 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B of this Agreement.''. (4) Direct economic assistance.--Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: ``(a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, 2013, 2014, and 2015, and unless otherwise specified in this Agreement or in an Appendix of this Agreement, the Government of the United States shall provide the Government of Palau $45,750,000 in economic assistance as follows: ``(1) $10,000,000 in fiscal year 2016. ``(2) $8,500,000 in fiscal year 2017. ``(3) $7,250,000 in fiscal year 2018. ``(4) $6,000,000 in fiscal year 2019. ``(5) $5,000,000 in fiscal year 2020. ``(6) $4,000,000 in fiscal year 2021. ``(7) $3,000,000 in fiscal year 2022. ``(8) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix of this Agreement.''. (5) Infrastructure projects.--Section 5 of the Agreement shall be construed as though the section reads as follows: ``SEC. 5. INFRASTRUCTURE PROJECTS. ``The Government of the United States shall provide in fiscal year 2016 $40,000,000 to the Government of Palau towards one or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement.''. (d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting ``2024''. (e) Audit; Full Faith and Credit; Inflation Adjustment.--The Secretary of the Interior shall fund the amounts necessary to conduct the audits required by section 6 and Appendix D of the Agreement. Section 236 of the Compact applies to the commitments of the United States under sections 1, 2(a), 3, 4(a), and 5 of the Agreement, and to the amounts necessary to conduct such audits, to the same extent as section 236 applies to the Compact. Section 215 of the Compact shall be applied to such commitments and amounts by substituting ``2010'' for ``1981''. (f) Passport Requirement.--Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: ``SEC. 141. PASSPORT REQUIREMENT. ``(a) In General.--An individual in one of the following categories may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), if the passport presented to satisfy section 212(a)(7)(B)(i)(I) of such Act is a valid, unexpired, machine- readable passport that satisfies the internationally accepted standard for machine readability: ``(1) An individual who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau. ``(2) An individual who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau. ``(3) A naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. ``(b) Employment.--An individual in one of the categories in paragraphs (1) through (3) of subsection (a) shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. ``(c) Habitual Residence.--The right of an individual in one of the categories in paragraphs (1) through (3) of subsection (a) to establish habitual residence in a territory or possession of the United States may be subjected to non-discriminatory limitations provided for-- ``(1) in statutes or regulations of the United States; and ``(2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. ``(d) Clarification.--Subsection (a)-- ``(1) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act; and ``(2) shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States.''. | This bill approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. If Palau withdraws more than $5 million from the trust fund set up by the Compact in FY2015, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in FY2015. Certain funds may be released to replenish that trust fund, however, if the United States and Palau have arranged to advance funds during FY2015 from the trust fund for specified allowable purposes. The bill authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2016-FY2024; and (2) carry out specified federal responsibilities under the Compact. The bill also repeals specified offset requirements. FY2016 funding is provided to reduce government arrears of Palau. FY2016-FY2023 additional economic assistance, and FY2016 funding for infrastructure projects, are provided. Specified passport requirements are revised. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Highway Borders and Trade Act of 2003''. SEC. 2. COORDINATED BORDER INFRASTRUCTURE PROGRAM. Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Coordinated border infrastructure program ``(a) Definitions.--In this section: ``(1) Border region.--The term `border region' means the portion of a border State that is located within 100 kilometers of a land border crossing with Canada or Mexico. ``(2) Border state.--The term `border State' means any State that has a boundary in common with Canada or Mexico. ``(3) Commercial vehicle.--The term `commercial vehicle' means a vehicle that is used for the primary purpose of transporting cargo in international or interstate commercial trade. ``(4) Passenger vehicle.--The term `passenger vehicle' means a vehicle that is used for the primary purpose of transporting individuals. ``(b) Program.--The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the efficient and safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico. ``(c) Eligible Uses.--Allocations to States under this section may only be used in a border region for-- ``(1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements; ``(2) construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements relating to international trade, including cargo inspection facilities and equipment; ``(3) operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border vehicle and cargo movement; ``(4) international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross-border vehicle and cargo movements; ``(5) projects in Canada or Mexico proposed by 1 or more border States that directly and predominantly facilitate cross- border vehicle and commercial cargo movements at the international gateways or ports of entry into a border region; and ``(6) planning and environmental studies. ``(d) Mandatory Program.-- ``(1) In general.--For each fiscal year, the Secretary shall allocate among border States, in accordance with the formula described in paragraph (2), funds to be used in accordance with subsection (c). ``(2) Formula.--Subject to paragraph (3), the amount allocated to a border State under this subsection shall be determined by the Secretary, as follows: ``(A) 25 percent in the ratio that-- ``(i) the average annual weight of all cargo entering the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the average annual weight of all cargo entering all border States by commercial vehicle across the international borders with Canada and Mexico. ``(B) 25 percent in the ratio that-- ``(i) the average trade value of all cargo imported into the border State and all cargo exported from the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the average trade value of all cargo imported into all border States and all cargo exported from all border States by commercial vehicle across the international borders with Canada and Mexico. ``(C) 25 percent in the ratio that-- ``(i) the number of commercial vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico. ``(D) 25 percent in the ratio that-- ``(i) the number of passenger vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico. ``(3) Data source.-- ``(A) In general.--The data used by the Secretary in making allocations under this subsection shall be based on the Bureau of Transportation Statistics Transborder Surface Freight Dataset (or other similar database). ``(B) Basis of calculation.--All formula calculations shall be made using the average values for the most recent 5-year period for which data are available. ``(4) Minimum allocation.--Notwithstanding subparagraph (B), for each fiscal year, each border State shall receive at least \1/2\ of 1 percent of the funds made available for allocation under this subsection for the fiscal year. ``(e) Cost Sharing.--The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent. ``(f) Transfer of Funds to the Administrator of General Services.-- ``(1) In general.--At the request of a State, funds allocated to the State under this section shall be transferred to the Administrator of General Services for the purpose of funding a project under the administrative jurisdiction of the Administrator in a border State if the Secretary determines, after consultation with the State transportation department, as appropriate, that-- ``(A) the Administrator should carry out the project; and ``(B) the Administrator agrees to use the funds to carry out the project. ``(2) No augmentation of appropriations.--Funds transferred under paragraph (1) shall not be deemed to be an augmentation of the amount of appropriations made to the General Services Administration. ``(3) Administration.--Funds transferred under paragraph (1) shall be administered in accordance with the procedures applicable to the General Services Administration, except that the funds shall be available for obligation in the same manner as other funds apportioned under this chapter. ``(4) Transfer of obligation authority.--Obligation authority shall be transferred to the Administrator of General Services in the same manner and amount as funds are transferred for a project under paragraph (1). ``(g) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $200,000,000 for each of fiscal years 2004 through 2009. ``(2) Obligation authority.--Funds made available to carry out this section shall be available for obligation as if the funds were apportioned in accordance with section 104. ``(3) Exclusion from calculation of minimum guarantee.--The Secretary shall calculate the amounts to be allocated among the States under section 105 without regard to amounts made available to the States under this subsection.''. SEC. 3. NATIONAL TRADE CORRIDOR PROGRAM. Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 166. National trade corridor program ``(a) Definition of Intermodal Road Connector.--In this section, the term `intermodal road connector' means a connector highway that provides motor vehicle access between a route on the National Highway System and 1 or more major intermodal water port facilities at least 1 of which accepts at least 50,000 20-foot equivalent units of container traffic (or 200,000 tons of container or noncontainer traffic) per year of international trade or trade between Alaska or Hawaii and the 48 contiguous States. ``(b) Program.-- ``(1) In general.--The Secretary shall carry out a program to allocate funds to States to be used for coordinated planning, design, and construction of corridors of national significance. ``(2) Applications.--A State that seeks to receive an allocation under this section shall submit to the Secretary an application in such form, and containing such information, as the Secretary may request. ``(c) Eligibility of Corridors.--The Secretary may make allocations under this section with respect to-- ``(1) a high priority corridor in a State-- ``(A) that is identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031); and ``(B) any part of which is located in a border region (as defined in section 165(a)); and ``(2) an intermodal road connector. ``(d) Eligible Uses of Funds.--A State may use an allocation under this section to carry out, for an eligible corridor described in subsection (c)-- ``(1) a feasibility study; ``(2) a comprehensive corridor planning and design activity; ``(3) a location and routing study; ``(4) multistate and intrastate coordination for each corridor; ``(5) environmental review; and ``(6) construction. ``(e) Allocation Formula.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall allocate funds among States under this section in accordance with a formula determined by the Secretary after taking into consideration, with respect to the applicable corridor in the State-- ``(A) the average annual weight of freight transported on the corridor; ``(B) the percentage by which freight traffic increased, during the most recent 5-year period for which data are available, on the corridor; and ``(C) the annual average number of tractor-trailer trucks that use the corridor to access other States. ``(2) Maximum allocation.--Not more than 10 percent of the funds made available for a fiscal year for allocation under this section may be allocated to any State for the fiscal year. ``(f) Coordination of Planning.--Planning with respect to a corridor for which an allocation is made under this section shall be coordinated with-- ``(1) transportation planning being carried out by the States and metropolitan planning organizations along the corridor; and ``(2) to the extent appropriate, transportation planning being carried out by-- ``(A) Federal land management agencies; ``(B) tribal governments; and ``(C) government agencies in Mexico or Canada. ``(g) Cost Sharing.--The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent. ``(h) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $200,000,000 for each of fiscal years 2004 through 2009. ``(2) Obligation authority.--Funds made available to carry out this section shall be available for obligation as if the funds were apportioned in accordance with section 104.''. SEC. 4. CONFORMING AMENDMENTS. (a) Section 1101(a) of the Transportation Equity Act for the 21st Century (112 Stat. 111) is amended by striking paragraph (9) and inserting the following: ``(9) Coordinated border infrastructure program and national trade corridor program.--For the coordinated border infrastructure program and national trade corridor program under sections 165 and 166, respectively, of title 23, United States Code, $400,000,000 for each of fiscal years 2004 through 2009.''. (b) Sections 1118 and 1119 of the Transportation Equity Act for the 21st Century (112 Stat. 161) are repealed. (c) The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 164 the following: ``165. Coordinated border infrastructure program. ``166. National trade corridor program.''. | National Highway Borders and Trade Act of 2003 - Directs the Secretary of Transportation to establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States (i.e., States with a common boundary with Canada or Mexico) for projects within a border region (the portion of a border State located within 100 kilometers of a land border crossing with Canada or Mexico) to improve the efficient and safe movement of people and goods at or across the U.S.-Canadian and U.S.-Mexican borders. Permits allocations to States to be used in a border region only for specified: (1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movement; (2) construction of highways and related safety and safety enforcement facilities; (3) operational improvements; (4) international coordination of planning, programming, and border operation; (5) projects in Canada or Mexico proposed by border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements; and (6) planning and environmental studies. Directs the Secretary to allocate among border States funds based on a formula which takes into consideration the average annual weight of cargo entering a border State by commercial vehicles across the international borders and the average trade value of all cargo imported and exported. Sets the Federal cost share of projects under this Act at 80 percent. Directs the Secretary to carry out a program to allocate funds to States for coordinated planning, design, and construction of corridors of national significance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Arts and Crafts Amendments Act of 2005''. SEC. 2. INDIAN ARTS AND CRAFTS. (a) Criminal Proceedings; Civil Actions; Misrepresentations.-- Section 5 of the Act entitled ``An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes'' (25 U.S.C. 305d) is amended to read as follows: ``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. ``(a) Definition of Federal Law Enforcement Officer.--In this section, the term `Federal law enforcement officer' includes-- ``(1) a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code); and ``(2) with respect to a violation of this Act that occurs outside Indian country (as defined in section 1151 of title 18, United States Code), an officer that has authority under section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802), acting in coordination with a Federal law enforcement agency that has jurisdiction over the violation. ``(b) Criminal Proceedings.-- ``(1) Referral.--On receiving a complaint of a violation of section 1159 of title 18, United States Code, the Board may refer the complaint to any Federal law enforcement officer for appropriate investigation. ``(2) Findings.--The findings of an investigation under paragraph (1) shall be submitted to-- ``(A) the Attorney General; and ``(B) the Board. ``(3) Recommendations.--On receiving the findings of an investigation in accordance with paragraph (2), the Board may-- ``(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of that title; and ``(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines appropriate. ``(c) Civil Actions.--In lieu of, or in addition to, any criminal proceeding under subsection (a), the Board may recommend that the Attorney General initiate a civil action pursuant to section 6.''. (b) Cause of Action for Misrepresentation.--Section 6 of the Act entitled ``An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes'' (25 U.S.C. 305e) is amended-- (1) by striking subsection (d); (2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following: ``(a) Definitions.--In this section: ``(1) Indian.--The term `Indian' means an individual that-- ``(A) is a member of an Indian tribe; or ``(B) is certified as an Indian artisan by an Indian tribe. ``(2) Indian product.--The term `Indian product' has the meaning given the term in any regulation promulgated by the Secretary. ``(3) Indian tribe.-- ``(A) In general.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(B) Inclusion.--The term `Indian tribe' includes an Indian group that has been formally recognized as an Indian tribe by-- ``(i) a State legislature; ``(ii) a State commission; or ``(iii) another similar organization vested with State legislative tribal recognition authority. ``(4) Secretary.--The term `Secretary' means the Secretary of the Interior.''; (4) in subsection (b) (as redesignated by paragraph (2)), by striking ``subsection (c)'' and inserting ``subsection (d)''; (5) in subsection (c) (as redesignated by paragraph (2))-- (A) by striking ``subsection (a)'' and inserting ``subsection (b)''; and (B) by striking ``suit'' and inserting ``the civil action''; (6) by striking subsection (d) (as redesignated by paragraph (2)) and inserting the following: ``(d) Persons That May Initiate Civil Actions.-- ``(1) In general.--A civil action under subsection (b) may be initiated by-- ``(A) the Attorney General, at the request of the Secretary acting on behalf of-- ``(i) an Indian tribe; ``(ii) an Indian; or ``(iii) an Indian arts and crafts organization; ``(B) an Indian tribe, acting on behalf of-- ``(i) the tribe; ``(ii) a member of that tribe; or ``(iii) an Indian arts and crafts organization; ``(C) an Indian; or ``(D) an Indian arts and crafts organization. ``(2) Disposition of amounts recovered.-- ``(A) In general.--Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated. ``(B) Exceptions.-- ``(i) Attorney general.--In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount-- ``(I) the amount of the cost of the civil action and reasonable attorney's fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; and ``(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action. ``(ii) Indian tribe.--In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount-- ``(I) the amount of the cost of the civil action; and ``(II) reasonable attorney's fees.''; and (7) in subsection (e), by striking ``(e) In the event that'' and inserting the following: ``(e) Savings Provision.--If''. (c) Conforming Amendment.--Section 1159(c) of title 18, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) the term `Indian tribe'-- ``(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and ``(B) includes an Indian group that has been formally recognized as an Indian tribe by-- ``(i) a State legislature; ``(ii) a State commission; or ``(iii) another similar organization vested with State legislative tribal recognition authority; and''. Passed the Senate July 28, 2005. Attest: EMILY J. REYNOLDS, Secretary. | Amends the Indian Arts and Crafts Act of 1990 to authorize any federal law enforcement officer (not just, as currently, the Federal Bureau of Investigation (FBI)), including an officer with authority under the Indian Law Enforcement Reform Act acting in coordination with a federal law enforcement agency on violations outside Indian country, to investigate offenses involving the sale of arts and crafts misrepresented as Indian products. Revises requirements for the initiation of civil actions for misrepresentation of Indian produced goods. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Accumulation Program Act of 1994''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO HEAP ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HIGHER EDUCATION ACCUMULATION PROGRAM (HEAP) ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid in cash for the taxable year by the taxpayer to a HEAP account established for the purpose of accumulating funds to pay the educational expenses of any child of the taxpayer. ``(b) Limitations.-- ``(1) Maximum deduction.--The amount allowable as a deduction under subsection (a) to the taxpayer for any taxable year shall not exceed $5,000 ($2,500 in the case of a married individual filing a separate return) for amounts paid for the benefit of each child of the taxpayer. In no event shall the amount allowable as a deduction under subsection (a) to the taxpayer for any taxable year exceed $15,000 ($7,500 in the case of a married individual filing a separate return). ``(2) Deduction may not exceed compensation.--The amount allowable as a deduction under subsection (a) shall not exceed the amount of compensation (as defined in section 219(f)) includible in the taxpayer's gross income for the taxable year. ``(3) Account may not be established for benefit of more than 1 individual.--A HEAP account may not be established for the benefit of more than 1 individual. ``(4) No deduction after beneficiary attains age 18.--No deduction shall be allowed for any payment to a HEAP account established for the benefit of an individual who has attained age 18 before the close of the calendar year in which such payment is made. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) HEAP account.--The term `HEAP account' means a trust created or organized in the United States exclusively for the purpose of paying the educational expenses of a child of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year in excess of $5,000. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(E) On the termination date-- ``(i) the balance in the account shall be distributed to the individual for whose benefit the account is established, or ``(ii) at the election of such individual, such account shall be treated for purposes of this title as an individual retirement account. ``(2) Child.--The term `child' has the meaning given such term by section 151(c)(3). ``(3) Termination date.--The term `termination date' means-- ``(A) the date the beneficiary attains age 25, ``(B) if the beneficiary is at least a half-time student on the date referred to in subparagraph (A), the last day of the last school year for which the beneficiary is at least a half-time student, or ``(C) the date of the beneficiary's death. ``(4) Educational expenses.--The term `educational expenses' means-- ``(A) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, ``(B) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution, and ``(C) a reasonable allowance for meals and lodging while attending an eligible educational institution. ``(5) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) an institution of higher education, or ``(B) a vocational school. ``(6) Institution of higher education.--The term `institution of higher education' means the institutions described in section 1201(a) or 481(a) of the Higher Education Act of 1965. ``(7) Vocational school.--The term `vocational school' means an area vocational education school as defined in subparagraph (C) or (D) of section 521(4) of the Carl D. Perkins Vocational and Applied Technology Education Act to the extent such school is located within any State (as defined in such section). ``(8) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid from a HEAP account shall be included in the gross income of the beneficiary of such account for the taxable year in which the payment is received. ``(2) Amounts used for education expenses.--If any payment from a HEAP account is used to pay the educational expenses of the beneficiary of such account-- ``(A) paragraph (1) shall not apply, but ``(B) \1/10\th of such amount shall be included in gross income of the beneficiary of such account for the taxable year in which the payment is received and for each of the 9 taxable years thereafter. ``(3) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution made during a taxable year to a HEAP account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(4) Treatment as individual retirement plan not subject to income tax inclusion.--The treatment described in subsection (c)(1)(E) shall not be treated as a distribution for purposes of this subsection or subsection (f). ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--A HEAP account is exempt from taxation under this subtitle unless such account has ceased to be a HEAP account by reason of paragraph (2) or (3). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit a HEAP account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be a HEAP account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be a HEAP account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit a HEAP account is established, or any individual who contributes to such account, uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(f) Additional Tax on Certain Distributions.-- ``(1) Distribution not used for educational expenses.--If any payment from a HEAP account is used for any purpose other than the payment of the education expenses of the beneficiary of such account, the tax liability under this chapter of such beneficiary for the taxable year in which the payment is received shall be increased by an amount equal to 10 percent of such payment. ``(2) Distributions on termination of account.--Paragraph (1) shall be applied by substituting `5 percent' for `10 percent' in the case of any distribution made on the termination date (other than by reason of the beneficiary's death). ``(3) Disability or death cases.--Paragraphs (1) and (2) shall not apply if the distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. ``(4) Disqualification cases.--Any amount treated under paragraph (2) or (3) of subsection (e) as distributed from a HEAP account shall be treated as a distribution to which the tax imposed by paragraph (1) applies. ``(g) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(h) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute a HEAP account described in subsection (c)(1). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(i) Reports.--The trustee of a HEAP account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Paragraph (7) of section 62(a) of such Code (relating to retirement savings) is amended-- (1) by inserting ``or education'' after ``retirement'' in the heading of such paragraph, and (2) by inserting before the period at the end thereof the following: ``and the deduction allowed by section 220 (relating to HEAP accounts)''. (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to individual retirement accounts, certain section 403(b) contracts, and certain individual retirement annuities) is amended-- (1) by inserting ``heap accounts,'' after ``accounts,'' in the heading of such section, (2) by striking out ``or'' at the end of paragraph (1) of subsection (a), (3) by redesignating paragraph (2) of subsection (a) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) a HEAP account (within the meaning of section 220(c)(1)), or'', and (4) by adding at the end thereof the following new subsection: ``(d) Excess Contributions to HEAP Accounts.--For purposes of this section, in the case of a HEAP account, the term `excess contributions' means the amount by which the amount contributed for the taxable year to the account exceeds the amount allowable as a deduction under section 220 for such taxable year. For purposes of this subsection, any contribution which is distributed out of the HEAP account in a distribution to which section 220(d)(3) applies shall be treated as an amount not contributed.'' (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(4) Special rule for heap accounts.--An individual for whose benefit a HEAP account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a HEAP account by reason of the application of section 220(e)(2)(A) to such account.'', and (2) by inserting ``, a HEAP account described in section 220(c)(1),'' in subsection (e)(1) after ``described in section 408(a)''. (e) Failure To Provide Reports on HEAP Accounts.--Section 6693 of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended-- (1) by inserting ``or on heap accounts'' after ``annuities'' in the heading of such section, and (2) by adding at the end of subsection (a) the following new sentence: ``The person required by section 220(i) to file a report regarding a HEAP account at the time and in the manner required by such section shall pay a penalty of $50 for each failure, unless it is shown that such failure is due to reasonable cause.''. (f) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking out the item relating to section 220 and inserting in lieu thereof the following new items: ``Sec. 220. HEAP accounts. ``Sec. 221. Cross reference.'' (2) The table of sections for chapter 43 of such Code is amended by striking out the item relating to section 4973 and inserting in lieu thereof the following new item: ``Sec. 4973. Tax on excess contributions to individual retirement accounts, HEAP accounts, certain 403(b) contracts, and certain individual retirement annuities.'' (3) The table of sections for subchapter B of chapter 68 of such Code is amended by striking out the item relating to section 6693 and inserting in lieu thereof the following new item: ``Sec. 6693. Failure to provide reports on individual retirement accounts or annuities or on HEAP accounts.'' (g) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 1994. | Higher Education Accumulation Program Act of 1994 - Amends the Internal Revenue Code to allow a deduction for amounts paid to a Higher Education Accumulation Program (HEAP) account established to accumulate funds to pay the educational expenses of a child of the taxpayer. Declares such accounts exempt from tax. Allows the deduction in arriving at adjusted gross income. Imposes an excise tax on excess contributions and prohibited transactions. Imposes a penalty for failure to meet reporting requirements. |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Health Programs and Facilities Enhancement Act of 2004''. (b) References to Title 38, United States 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 title 38, United States Code. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; references to title 38, United States Code; table of contents. TITLE I--MEDICAL FACILITIES MANAGEMENT Sec. 101. Major medical facility leases. Sec. 102. Department of Veterans Affairs Capital Asset Fund. Sec. 103. Annual report to Congress on inventory of Department of Veterans Affairs historic properties. Sec. 104. Authority to use project funds to construct or relocate surface parking incidental to a construction or nonrecurring maintenance project. Sec. 105. Inapplicability of limitation on use of advance planning funds to authorized major medical facility projects. Sec. 106. Improvement in enhanced-use lease authorities. Sec. 107. Extension of authority to provide care under long-term care pilot programs. TITLE II--OTHER MATTERS Sec. 201. Inclusion of all enrolled veterans among persons eligible to use canteens operated by Veterans' Canteen Service. Sec. 202. Enhancement of medical preparedness of Department. TITLE I--MEDICAL FACILITIES MANAGEMENT SEC. 101. MAJOR MEDICAL FACILITY LEASES. (a) Authorized Leases.--The Secretary of Veterans Affairs may enter into contracts for major medical facility leases at the following locations, in an amount for each facility lease not to exceed the amount shown for that location: (1) Wilmington, North Carolina, Outpatient Clinic, $1,320,000. (2) Greenville, North Carolina, Outpatient Clinic, $1,220,000. (3) Norfolk, Virginia, Outpatient Clinic, $1,250,000. (4) Summerfield, Florida, Marion County Outpatient Clinic, $1,230,000. (5) Knoxville, Tennessee, Outpatient Clinic, $850,000. (6) Toledo, Ohio, Outpatient Clinic, $1,200,000. (7) Crown Point, Indiana, Outpatient Clinic, $850,000. (8) Fort Worth, Texas, Tarrant County Outpatient Clinic, $3,900,000. (9) Plano, Texas, Collin County Outpatient Clinic, $3,300,000. (10) San Antonio, Texas, Northeast Central Bexar County Outpatient Clinic, $1,400,000. (11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000. (12) Harlingen, Texas, Outpatient Clinic, $650,000. (13) Denver, Colorado, Health Administration Center, $1,950,000. (14) Oakland, California, Outpatient Clinic, $1,700,000. (15) San Diego, California, North County Outpatient Clinic, $1,300,000. (16) San Diego, California, South County, Outpatient Clinic, $1,100,000. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Medical Care account, $24,420,000 for the leases authorized in subsection (a). (c) Authority for Lease of Certain Lands of University of Colorado.--Notwithstanding section 8103 of title 38, United States Code, the Secretary of Veterans Affairs may enter into a lease for real property located at the Fitzsimons Campus of the University of Colorado for a period up to 75 years. SEC. 102. DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET FUND. (a) Establishment of Fund.--(1) Subchapter I of chapter 81 is amended by adding at the end the following new section: ``Sec. 8118. Authority for transfer of real property; Capital Asset Fund ``(a)(1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States or to a State (or a political subdivision of a State) or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. ``(2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522 and 541-545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. ``(3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. ``(4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). ``(5) The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. ``(b)(1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the `Fund'). Amounts in the Fund shall remain available until expended. ``(2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. ``(3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: ``(A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses. ``(B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section. ``(C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, and establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project. ``(D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places. ``(c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President's budget for that year for the Department specification of the following: ``(1) The real property transfers to be undertaken in accordance with this section during that fiscal year. ``(2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the year during which the budget is submitted. ``(3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8117 the following new item: ``8118. Authority for transfer of real property; Capital Asset Fund.''. (b) Initial Authorization of Appropriations.--There is authorized to be appropriated to the Department of Veterans Affairs Capital Asset Fund established under section 8118 of title 38, United States Code (as added by subsection (a)), the amount of $10,000,000. (c) Termination of Nursing Home Revolving Fund.--(1) Section 8116 is repealed. (2) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 8116. (d) Transfer of Unobligated Balances to Capital Asset Fund.--Any unobligated balances in the nursing home revolving fund under section 8116 of title 38, United States Code, as of the date of the enactment of this Act shall be deposited in the Department of Veterans Affairs Capital Asset Fund established under section 8118 of title 38, United States Code (as added by subsection (a)). (e) Procedures Applicable to Transfers.--(1) Paragraph (2) of section 8122(a) is amended to read as follows: ``(2) Except as provided in paragraph (3), the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to section 1105 of title 31 for that fiscal year.''. (2) Section 8122(d) is amended-- (A) by inserting ``(1)'' before ``Real property''; and (B) by adding at the end the following new paragraph: ``(2) The Secretary may transfer real property under this section, or under section 8118 of this title if the Secretary-- ``(A) places a notice in the real estate section of local newspapers and in the Federal Register of the Secretary's intent to transfer that real property (including land, structures, and equipment associated with the property); ``(B) holds a public hearing; ``(C) provides notice to the Administrator of General Services of the Secretary's intention to transfer that real property and waits for 30 days to elapse after providing that notice; and ``(D) after such 30-day period has elapsed, notifies the congressional veterans' affairs committees of the Secretary's intention to dispose of the property and waits for 60 days to elapse from the date of that notice.''. (3) Section 8164(a) is amended by inserting ``8118 or'' after ``rather than under section''. (4) Section 8165(a)(2) is amended by striking ``nursing home revolving fund'' and inserting ``Capital Asset Fund established under section 8118 of this title''. (f) Contingent Effectiveness.--The amendments made by this section shall take effect at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with subsection (b) of section 1710B of title 38, United States Code. Such certification shall demonstrate a plan for, and commitment to, ongoing compliance with the requirements of that subsection. (g) Continuing Reports.--Following a certification under subsection (f), the Secretary shall submit to Congress an update on that certification every six months until the certification is included in the Department's annual budget submission. SEC. 103. ANNUAL REPORT TO CONGRESS ON INVENTORY OF DEPARTMENT OF VETERANS AFFAIRS HISTORIC PROPERTIES. (a) In General.--Not later than December 15 of 2005, 2006, and 2007, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the historic properties administered or controlled by the Secretary. (b) Initial Report.--In the initial report under subsection (a), the Secretary shall set forth a complete inventory of the historic structures and property under the jurisdiction of the Secretary. The report shall include a description and classification of each such property based upon historical nature, current physical condition, and potential for transfer, leasing, or adaptive use. (c) Subsequent Reports.--In reports under subsection (a) after the initial report, the Secretary shall provide an update of the status of each property identified in the initial report, with the proposed and actual disposition of each property. Each such report shall include any recommendation of the Secretary for legislation to enhance the transfer, leasing or adaptive use of such properties. SEC. 104. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR RELOCATE SURFACE PARKING INCIDENTAL TO A CONSTRUCTION OR NONRECURRING MAINTENANCE PROJECT. Section 8109 is amended by adding at the end the following new subsection: ``(j) Funds in a construction account or capital account that are available for a construction project or a nonrecurring maintenance project may be used for the construction or relocation of a surface parking lot incidental to that project.''. SEC. 105. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE PLANNING FUNDS TO AUTHORIZED MAJOR MEDICAL FACILITY PROJECTS. Section 8104 is amended by adding at the end the following new subsection: ``(g) The limitation in subsection (f) does not apply to a project for which funds have been authorized by law in accordance with subsection (a)(2).''. SEC. 106. IMPROVEMENT IN ENHANCED-USE LEASE AUTHORITIES. Section 8166(a) is amended by inserting ``land use,'' in the second sentence after ``relating to''. SEC. 107. EXTENSION OF AUTHORITY TO PROVIDE CARE UNDER LONG-TERM CARE PILOT PROGRAMS. Subsection (h) of section 102 of the Veterans Millennium Health Care and Benefits Act (38 U.S.C. 1710B note) is amended-- (1) by inserting ``(1)'' before ``The authority of''; and (2) by adding at the end the following new paragraph: ``(2) In the case of a veteran who is participating in a pilot program under this section as of the end of the three-year period applicable to that pilot program under paragraph (1), the Secretary may continue to provide to that veteran any of the services that could be provided under the pilot program. The authority to provide services to any veteran under the preceding sentence applies during the period beginning on the date specified in paragraph (1) with respect to that pilot program and ending on December 31, 2005.''. TITLE II--OTHER MATTERS SEC. 201. INCLUSION OF ALL ENROLLED VETERANS AMONG PERSONS ELIGIBLE TO USE CANTEENS OPERATED BY VETERANS' CANTEEN SERVICE. The text of section 7803 is amended to read as follows: ``(a) Primary Beneficiaries.--Canteens operated by the Service shall be primarily for the use and benefit of-- ``(1) veterans hospitalized or domiciled at the facilities at which canteen services are provided; and ``(2) other veterans who are enrolled under section 1705 of this title. ``(b) Other Authorized Users.--Service at such canteens may also be furnished to-- ``(1) personnel of the Department and recognized veterans' organizations who are employed at a facility at which canteen services are provided and to other persons so employed; ``(2) the families of persons referred to in paragraph (1) who reside at the facility; and ``(3) relatives and other persons while visiting a person specified in this section.''. SEC. 202. ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPARTMENT. (a) Peer Review Panel.--In order to assist the Secretary of Veterans Affairs in selecting facilities of the Department of Veterans Affairs to serve as sites for centers under section 7327 of title 38, United States Code, as added by subsection (c), the Secretary shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the selection of such facilities. The panel shall be established not later than 90 days after the date of the enactment of this Act and shall include experts in the fields of toxicological research, infectious diseases, radiology, clinical care of veterans exposed to such hazards, and other persons as determined appropriate by the Secretary. Members of the panel shall serve as consultants to the Department of Veterans Affairs. Amounts available to the Secretary for Medical Care may be used for purposes of carrying out this subsection. The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (b) Proposals.--The Secretary shall solicit proposals for designation of facilities as described in subsection (a). The announcement of the solicitation of such proposals shall be issued not later than 60 days after the date of the enactment of this Act, and the deadline for the submission of proposals in response to such solicitation shall be not later than 90 days after the date of such announcement. The peer review panel established under subsection (a) shall complete its review of the proposals and submit its recommendations to the Secretary not later than 60 days after the date of the deadline for the submission of proposals. The Secretary shall then select the four sites for the location of such centers not later than 45 days after the date on which the peer review panel submits its recommendations to the Secretary. (c) Revised Section.--Subchapter II of chapter 73 is amended by adding at the end a new section with-- (1) a heading as follows: ``Sec. 7327. Medical preparedness centers''; and (2) a text consisting of the text of subsections (a) through (h) of section 7325 of title 38, United States Code, and a subsection (i) at the end as follows: ``(i) Funding.--(1) There are authorized to be appropriated for the centers under this section $10,000,000 for each of fiscal years 2005 through 2007. ``(2) In addition to any amounts appropriated for a fiscal year specifically for the activities of the centers pursuant to paragraph (1), the Under Secretary for Health shall allocate to the centers from other funds appropriated for that fiscal year generally for the Department medical care account and the Department medical and prosthetics research account such amounts as the Under Secretary determines necessary in order to carry out the purposes of this section.''. (d) Rule of Construction.--No provision of law may be construed to supersede or nullify this section, or an amendment made by this section, unless it specifically refers to this subsection and specifically states that it is enacted to supersede or nullify this section or a provision of this section. Passed the House of Representatives September 29, 2004. Attest: JEFF TRANDAHL, Clerk. | Veterans Health Programs and Facilities Enhancement Act of 2004 - Title I: Medical Facilities Management - (Sec. 101) Authorizes the Secretary of Veterans Affairs to enter into contracts for major medical facility leases at specified locations. Authorizes appropriations for FY 2005 for the Medical Care account, to cover such leases. Authorizes the Secretary to enter into a lease for real property at the Fitzsimons Campus of the University of Colorado for a period of up to 75 years. (Sec. 102) Authorizes the Secretary to transfer Department of Veterans Affairs real property to another department or agency of the United States, to a State, or to any public or private entity, including Indian tribes. Terminates such authority seven years after the enactment of this Act. Establishes in the Treasury the Department of Veterans Affairs Capital Asset Fund, which may be used for costs associated with: (1) current or future real property transfers under this Act; (2) the improvement of patient care facilities for veterans; and (3) the transfer, lease, or adaptive use of properties listed on the National Register of Historic Places. Authorizes appropriations for the Fund. Terminates the nursing home revolving fund. Transfers unobligated balances to the Capital Asset Fund. (Sec. 103) Requires a report from the Secretary to the congressional veterans' committees, in each of 2005 through 2007, on historic properties administered or controlled by the Secretary. (Sec. 104) Authorizes the use of certain Department funds for the construction or relocation of surface parking lots incidental to construction or maintenance projects. (Sec. 105) Removes the congressional review requirement otherwise applicable to the obligation of funds for major medical facilities where funds have been authorized by law. (Se. 106) Specifies that the construction, alteration, repair, remodeling, or improvement of property under an enhanced-use lease is not subject to State or local land use laws unless otherwise provided by the Secretary. (Sec. 107) Amends the Veterans Millennium Health Care and Benefits Act to extend through 2005 the authority for long-term care pilot programs established under such Act. Title II: Other Matters - (Sec. 201) Makes eligible for use of the Veterans' Canteen Service veterans enrolled in the Department's patient enrollment system. (Sec. 202) Directs the Secretary, within 90 days after the enactment of this Act, to establish a peer review panel to assess the scientific and clinical merits of various proposed sites for designation as Department medical emergency preparedness centers. Requires the: (1) Secretary to solicit proposals for such designation within 60 days after enactment of this Act; and (2) peer review panel to complete proposal review within 60 days thereafter. Authorizes appropriations for such centers for FY 2005 through 2007. Requires the Under Secretary for Health to allocate certain other Department funds for such centers. |
SECTION 1. BUNDLED RETAIL SALES OF ELECTRIC ENERGY. (a) Jurisdiction.--Section 201(b)(1) of the Federal Power Act (16 U.S.C. 824(b)(1)) is amended-- (1) by striking ``(b)(1) The'' and inserting the following: ``(b) Applicability.-- ``(1) In general.--The''; (2) by striking ``The Commission'' and inserting the following: ``(2) Facilities.--The Commission''; and (3) by adding at the end the following: ``(3) Bundled retail sales of electric energy.--The Commission shall not have jurisdiction-- ``(A) over bundled retail sales of electric energy (including the transmission component of retail sales); or ``(B) to compel the unbundling of rates for bundled retail sales of electric energy.''. (b) Definition of Bundled Retail Sales of Electric Energy.--Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by adding at the end the following: ``(h) Definition of Bundled Retail Sales of Electric Energy.--In this part, the term `bundled retail sales of electric energy' means sales of electric energy to retail customers in which generation, transmission, distribution, and other services necessary to supply electric energy to retail customers are sold as a single delivered service by a single seller, acting under the regulatory jurisdiction of a State commission.''. SEC. 2. SERVICE OBLIGATION PROTECTION. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended at the end the following: ``SEC. 215. SERVICE OBLIGATIONS OF LOAD-SERVING ENTITIES. ``(a) Definitions.--In this section: ``(1) Existing wholesale contractual obligation.-- ``(A) In general.--The term `existing wholesale contractual obligation' means an obligation under a firm long-term wholesale contract that was in effect on March 28, 2003. ``(B) Contract modifications.--A contract modification after March 28, 2003 (other than a contract modification that increases the quantity of electric energy sold under the contract), shall not affect the status of a contract described in subparagraph (A) as an existing wholesale contractual obligation. ``(2) Load-serving entity.-- ``(A) In general.--The term `load-serving entity' means a transmitting utility that has an obligation under Federal, State, or local law, or a long-term contract, to provide electric service to-- ``(i) electric consumers (as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602)); or ``(ii) an electric utility (as defined in section 3 of that Act) that has an obligation to provide electric service to electric consumers. ``(B) Service obligation.--For purposes of this section, an obligation described in subparagraph (A) shall be considered a service obligation. ``(b) Service Obligations.-- ``(1) Applicability.--This subsection applies to any load- serving entity that-- ``(A) owns transmission facilities for the transmission of electric energy in interstate commerce used to purchase or deliver electric energy to meet a service obligation to customers or an existing wholesale contractual obligation; or ``(B) holds a contract or service agreement for firm transmission service used to purchase or deliver electric energy to meet a service obligation to customers or an existing wholesale contractual obligation. ``(2) Use of transmission facilities or services.--In exercising authority under this Act, the Commission shall ensure that any entity described in paragraph (1) shall be entitled to use transmission facilities or rights to firm transmission service described in paragraph (1) to meet service obligations described in paragraph (1) before transmission capacity is made available for other uses. ``(c) Use by Successors in Interest.-- ``(1) In general.--If all or a portion of the service obligation or contractual obligation described in subsection (b) is transferred to another load-serving entity, the successor shall be entitled to use the transmission facilities or firm transmission rights associated with the transferred service obligation consistent with subsection (b). ``(2) Subsequent transfers.--A subsequent transfer to another load-serving entity, or a retransfer to the original load-serving entity, shall be entitled as provided in paragraph (1). ``(d) Relationship to Other Provisions.--If a transmitting utility reserves transmission capacity (or reserves the equivalent capacity in the form of tradable transmission rights) to meet service obligations or firm long-term wholesale contractual obligations under subsection (b), the transmitting utility shall not be considered to be engaging in undue discrimination or preference under this Act or any other law. ``(e) Applicability.--This section does not apply to an area served by a utility located in an area described in section 212(k)(2)(B). ``(f) Savings Clause.--Nothing in this section alters or affects the allocation of transmission rights approved by the Commission before the date of enactment of this section by an independent system operator or regional transmission organization.''. SEC. 3. COST ALLOCATION. Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by adding at the end the following: ``(g) Cost Allocation.-- ``(1) Applicability.--This subsection applies to any rule or order of general applicability issued by the Commission under this Act that-- ``(A) requires the physical connection of any cogeneration facility, any small power production facility, any other electric power generation facility that makes wholesale sales of electric power, or the transmission facilities of any electric utility, with the facilities of any electric utility, Federal power marketing agency, geothermal power producer (including a producer that is not an electric utility), qualifying cogenerator, or qualifying small power producer; or ``(B) setting rates for transmission service. ``(2) Costs.--Any order or rule described in paragraph (1) shall require that the applicant seeking the interconnection of facilities or transmission service to pay-- ``(A) the necessary and reasonable costs of any new facility required to provide the interconnection or transmission service that would not have been necessary absent the interconnection or transmission service request; ``(B) an equitable share of the fixed costs of the existing system necessary to complete the interconnection or transmission service transaction; and ``(C) the costs of any other services that are ancillary to the interconnection or transmission service transaction. ``(3) Transmission service credits.--The requestor of interconnection or transmission service shall not be entitled to transmission service credits as a result of payments made under this subsection.''. SEC. 4. STANDARD MARKET DESIGN RULE. Section 206 of the Federal Power Act (16 U.S.C. 824i) (as amended by section 3) is amended by adding at the end the following: ``(g) Standard Market Design Rule.-- ``(1) Definition of standard market design rule.--In this subsection, the term `standard market design rule' means-- ``(A) a rule promulgated pursuant to the notice of proposed rulemaking issued by the Commission on July 31, 2002, in Docket No. RM01-12-0000, including any modification of the rule that is within the scope of the notice; or ``(B) any rule or order of general applicability under this Act that addresses transmission access or market design and in which the Commission-- ``(i) asserts jurisdiction over the transmission component of bundled retail sales of electric energy; or ``(ii) requires the transfer of ownership, operation, or control of transmission facilities to a regional transmission organization, independent transmission provider, or similar organization. ``(2) Effectiveness.--Except as provided in paragraph (3), a standard market design rule shall not be effective except to the extent that the standard market design rule is approved by Congress in a law enacted after the date of enactment of this subsection. ``(3) State consent.--A standard market design rule that is otherwise valid under this Act may take effect in a region consisting entirely of States the State Commission has consented in writing to the application of the standard market design rule in the State.''. | Amends the Federal Power Act to deny the Federal Regulatory Energy Commission (FERC) jurisdiction over bundled retail sales of electric energy or to compel the unbundling of rates for bundled retail sales of electric energy. Defines bundled retail sales as sales of electric energy to retail customers in which generation, transmission, distribution, and other services necessary to supply electric energy are sold as a single delivered service by a single seller, acting under the regulatory jurisdiction of a State commission. Directs FERC to ensure that certain load-serving entities shall be entitled to use either transmission facilities or rights to firm transmission service to meet their service obligations to their customers or to their existing wholesale contractual obligations before the transmission capacity is made available for other uses. States that if a service obligation or contractual obligation is transferred to another load-serving entity, the successor shall be entitled to use the transmission facilities or firm transmission rights associated with such transfer. Declares that a transmitting utility shall not be considered to be engaging in undue discrimination or preference if it reserves transmission capacity to meet certain service obligations or firm long-term wholesale contractual obligations. Prescribes cost allocation guidelines for an applicant seeking seeking interconnection of facilities or transmission service. Declares that a standard market design rule shall not be effective except to the extent it is: (1) approved by Congress in a law enacted after the date of enactment of this Act; and (2) consented to in writing by the pertinent State Commission. Defines a standard market design rule as: (1) one promulgated by FERC pursuant to a specified proposed rulemaking; or (2) any rule or order of general applicability addressing transmission access or market design in which FERC asserts jurisdiction over the transmission component of bundled retail sales of electric energy or requires the transfer of ownership, operation, or control of transmission facilities to a regional transmission organization, independent transmission provider, or similar organization. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Parents to Invest in Choice Act of 2015''. SEC. 2. QUALIFIED TUITION PROGRAMS EXTENDED TO COVER ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Section 529(e)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified elementary and secondary education expenses (as defined in subparagraph (B)), and ``(ii) qualified higher education expenses (as defined in subparagraph (C)). ``(B) Qualified elementary and secondary education expenses.-- ``(i) In general.--The term `qualified elementary and secondary education expenses' means-- ``(I) expenses for tuition, fees, academic tutoring, special needs services in the case of a special needs beneficiary, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as an elementary or secondary school student at a public, private, or religious school, ``(II) expenses for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the beneficiary and the beneficiary's family during any of the years the beneficiary is in school. Subclause (III) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature. ``(ii) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. ``(C) Qualified higher education expenses.-- ``(i) In general.--The term `qualified higher education expenses' means-- ``(I) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible educational institution, and ``(II) expenses for special needs services in the case of a special needs beneficiary which are incurred in connection with such enrollment or attendance. ``(ii) Room and board included for students who are at least half-time.--In the case of an individual who is an eligible student (as defined in section 25A(b)(3)) for any academic period, such term shall also include reasonable costs for such period (as determined under the qualified tuition program) incurred by the designated beneficiary for room and board while attending such institution. For purposes of subsection (b)(6), a designated beneficiary shall be treated as meeting the requirements of this clause. ``(iii) Limitation on room and board included for students who are at least half- time.--The amount treated as qualified higher education expenses by reason of clause (ii) shall not exceed-- ``(I) the allowance (applicable to the student) for room and board included in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001) as determined by the eligible educational institution for such period, or ``(II) if greater, the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period.''. (b) Conforming Amendments.-- (1) Section 72(t)(7)(A) of such Code is amended by striking ``529(e)(3)'' and inserting ``529(e)(3)(C)''. (2) Section 529(c)(3)(B) of such Code is amended by striking ``qualified higher education expenses'' in the heading thereof and inserting ``qualified education expenses''. (3) Section 529(c)(3)(B)(i) of such Code is amended by striking ``qualified higher education expense'' and inserting ``qualified education expense''. (4) Section 529 of such Code is amended by striking ``qualified higher education expenses'' each place it appears and inserting ``qualified education expenses'' in each of the following: (A) Subsection (b)(1)(A)(i). (B) Subsection (b)(1)(A)(ii). (C) Subsection (b)(6). (D) Subsection (c)(3)(B)(ii)(I). (E) Subsection (c)(3)(B)(v). (F) Subsection (c)(3)(B)(vi)(II). (G) Subsection (c)(6). (5) Section 530(b) of such Code is amended by striking paragraphs (2) and (3) and redesignating paragraph (4) as paragraph (2). (6) Section 1400O(1) of such Code is amended by striking ``529(e)(3)'' and inserting ``529(e)(3)(C)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. INCREASED LIMITATION ON CONTRIBUTIONS TO COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$15,000''. (b) Inflation Adjustment.--Section 530 of such Code is amended by adding at the end the following new subsection: ``(i) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2015, the $15,000 amount contained in subsection (b)(1)(A)(iii) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calender year 1992' in subparagraph (B) thereof. ``(2) Rounding rule.--Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. | Empowering Parents to Invest in Choice Act of 2015 This bill amends the Internal Revenue Code to allow the payment of qualified elementary and secondary education expenses from a tax-exempt qualified tuition program (known as a 529 plan). (Currently, such plans only pay qualified higher education expenses.) Included as qualified elementary and secondary education expenses are expenses for tuition, fees, academic tutoring, special needs services, books, supplies, and computer technology or equipment. The bill also increases from $2,000 to $15,000 the limit on the amount that may be contributed to a tax-exempt Coverdell education savings account. The new contribution limit is adjusted for inflation in each taxable year beginning after 2015. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Levee Vegetation Review Act of 2012''. SEC. 2. FLOOD CONTROL POLICY. (a) Review.--In order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States, the Secretary of the Army shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the ``guidelines''). The Secretary shall commence the review not later than 6 months after the date of enactment of this Act. (b) Factors.-- (1) In general.--In conducting the review, the Secretary shall examine the guidelines in view of-- (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Native Americans pursuant to treaties and statutes; and (D) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations.--In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and Consultation; Recommendations.-- (1) In general.--The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Native American Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations.--Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Chief of Engineers vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Peer Review.-- (1) Views of national academy of engineering.--As part of the review, the Secretary shall solicit and consider the views of the National Academy of Engineering on the engineering, environmental, and institutional considerations underlying the guidelines. (2) Availability of views.--The views of the National Academy of Engineering obtained under paragraph (1) shall be-- (A) made available to the public; and (B) included in supporting materials issued in connection with the revised guidelines required under subsection (e). (e) Revision of Guidelines.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) revise the guidelines based on the results of the review, including the results of the peer review conducted under subsection (d); and (B) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual.--The revised guidelines shall-- (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, regional climatic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved August 18, 1941 (33 U.S.C. 701n(c)). (f) Continuation of Work.--Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. | Levee Vegetation Review Act of 2012 - Directs the Secretary of the Army to undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees in order to determine whether current federal policy is appropriate for all regions of the United States. Requires the Secretary to examine the guidelines in view of factors including: (1) the varied interests and responsibilities in managing flood risks; (2) preserving, protecting, and enhancing natural resources; (3) protecting the rights of Native Americans pursuant to treaties and statutes; and (4) factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Directs Corps of Engineers Regional Integration Teams representing districts, divisions, and headquarters, in consultation with state and federal resources agencies and with participation by local agencies, to recommend to the Chief of Engineers vegetation management policies for levees that conform with state and federal laws and other applicable requirements. Directs the Secretary to: (1) solicit and consider the views of the National Academy of Engineering on the engineering, environmental, and institutional considerations underlying the guidelines; and (2) revise the guidelines based on the results of the review and report to Congress. Requires the revised guidelines to: (1) provide a practical process for approving regional or watershed variances from the national guidelines, and (2) be incorporated into a proposed manual. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Regulatory Overreach To Enhance Care Technology Act of 2014'' or the ``PROTECT Act of 2014''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds as follows: (1) The mobile health and mobile application economy was created in the United States and is now being exported globally, with the market expected to exceed $26,000,000,000 by 2017. (2) The United States mobile application economy is responsible for nearly 500,000 new jobs in the United States. (3) Consumer health information technologies, including smart phones and tablets, have the potential to transform health care delivery through reduced systemic costs, improved patient safety, and better clinical outcomes. (4) Clinical and health software innovation cycles evolve and move faster than the existing regulatory approval processes. (5) Consumers and innovators need a new risk-based framework for the oversight of clinical and health software that improves on the framework of the Food and Drug Administration. (6) A working group convened jointly by the Food and Drug Administration, the Federal Communications Commission, and the Office of the National Coordinator for Health Information Technology identified in a report that there are several major barriers to the effective regulation of health information technology that cannot be alleviated without changes to existing law. (b) Sense of Congress.--It is the sense of Congress that-- (1) the President and Congress must intervene to facilitate interagency coordination across regulators that focuses agency efforts on fostering health information technology and mobile health innovation while better protecting patient safety, improving health care, and creating jobs in the United States; (2) the President and the Congress should work together to develop and enact legislation that establishes a risk-based regulatory framework for such clinical software and health software that reduces regulatory burdens, fosters innovation, and, most importantly, improves patient safety; (3) The National Institute of Standards and Technology should be the Federal agency that has oversight over technical standards used by clinical software; and (4) The National Institute of Standards and Technology, in collaboration with the Federal Communications Commission, the National Patient Safety Foundation, and the Office of the National Coordinator for Health Information Technology, should work on next steps, beyond current oversight efforts, regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. SEC. 3. CLINICAL SOFTWARE AND HEALTH SOFTWARE. (a) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss)(1) The term `clinical software' means clinical decision support software or other software (including any associated hardware and process dependencies) intended for human or animal use that-- ``(A) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and ``(B) is intended to be marketed for use only by a health care provider in a health care setting. ``(2) The term `health software' means software (including any associated hardware and process dependencies) that is not clinical software and-- ``(A) that captures, analyzes, changes, or presents patient or population clinical data or information; ``(B) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or ``(C) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. ``(3) The terms `clinical software' and `health software' do not include software-- ``(A) that is intended to interpret patient-specific device data and directly diagnose a patient or user without the intervention of a health care provider; ``(B) that conducts analysis of radiological or imaging data in order to provide patient-specific diagnostic and treatment advice to a health care provider; ``(C) whose primary purpose is integral to the function of a drug or device; or ``(D) that is a component of a device.''. (b) Prohibition.--Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. CLINICAL SOFTWARE AND HEALTH SOFTWARE. ``Clinical software and health software shall not be subject to regulation under this Act.''. SEC. 4. EXCLUSION FROM DEFINITION OF DEVICE. Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended by adding at the end ``The term `device' does not include clinical software or health software.''. | Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 or the PROTECT Act of 2014 - Expresses the sense of Congress concerning: interagency coordination to foster health information technology and mobile health innovation, development of legislation to establish a risk-based regulatory framework for clinical software and health software, oversight by the National Institute of Standards and Technology (NIST) of technical standards used by clinical software, and work by NIST on next steps regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. Excepts clinical software and health software from regulation under the Federal Food, Drug, and Cosmetic Act and excludes the terms from the meaning of "device." Defines "clinical software" as clinical decision support software or other software intended for human or animal use that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body; and (2) is intended to be marketed for use only by a health care provider in a health care setting. Defines "health software" as software: (1) that captures, analyzes, changes, or presents patient or population clinical data or information; (2) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (3) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Communications Decency Act of 1995''. SEC. 2. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER THE COMMUNICATIONS ACT OF 1934. (a) Offenses.--Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended-- (1) in subsection (a)(1)-- (A) by striking out ``telephone'' in the matter above subparagraph (A) and inserting ``telecommunications device''; (B) by striking out ``makes any comment, request, suggestion, or proposal'' in subparagraph (A) and inserting ``makes, transmits, or otherwise makes available any comment, request, suggestion, proposal, image, or other communication''; (C) by striking out subparagraph (B) and inserting the following: ``(B) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communications ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communication;'' and (D) by striking out subparagraph (D) and inserting the following: ``(D) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication; or''; (2) in subsection (a)(2), by striking ``telephone facility'' and inserting ``telecommunications facility''; (3) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``telephone'' and inserting ``telecommunications device''; and (ii) inserting ``or initiated the communication'' and ``placed the call'', and (B) in subparagraph (B), by striking ``telephone facility'' and inserting ``telecommunications facility''; and (4) in subsection (b)(2)-- (A) in subparagraph (A)-- (i) by striking ``by means of telephone, makes'' and inserting ``by means of telephone or telecommunications device, makes, knowingly transmits, or knowingly makes available''; and (ii) by inserting ``or initiated the communication'' after ``placed the call''; and (B) in subparagraph (B), by striking ``telephone facility'' and inserting in lieu thereof ``telecommunications facility''. (b) Penalties.--Section 223 of such Act (47 U.S.C. 223) is amended-- (1) by striking out ``$50,000'' each place it appears and inserting ``$100,000''; and (2) by striking ``six months'' each place it appears and inserting ``2 years''. (c) Prohibition on Provision of Access.--Subsection (c)(1) of such section (47 U.S.C. 223(c)) is amended by striking ``telephone'' and inserting ``telecommunications device.'' (d) Conforming Amendment.--The section heading for such section is amended to read as follows: ``obscene or harassing utilization of telecommunications devices and facilities in the district of columbia or in interstate or foreign communications''. SEC. 3. OBSCENE PROGRAMMING ON CABLE TELEVISION. Section 639 of the Communications Act of 1934 (47 U.S.C. 559) is amended by striking ``$10,000'' and inserting ``$100,000''. SEC. 4. BROADCASTING OBSCENE LANGUAGE ON RADIO. Section 1464 of title 18, United States Code, is amended by striking out ``$10,000'' and inserting ``$100,000''. SEC. 5. INTERCEPTION AND DISCLOSURE OF ELECTRONIC COMMUNICATIONS. Section 2511 of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``wire, oral, or electronic communication'' each place it appears and inserting ``wire, oral, electronic, or digital communication'', and (B) in the matter designated as ``(b)'', by striking ``oral communication'' in the matter above clause (i) and inserting ``communication''; and (2) in paragraph (2)(a), by striking ``wire or electronic communication service'' each place it appears (other than in the second sentence) and inserting ``wire, electronic, or digital communication service''. SEC. 6. ADDITIONAL PROHIBITION ON BILLING FOR TOLL-FREE TELEPHONE CALLS. Section 228(c)(6) of the Communications Act of 1934 (47 U.S.C. 228(c)(6)) is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting a semicolon and ``or''; and (3) by adding at the end thereof the following: ``(E) the calling party being assessed, by virtue of being asked to connect or otherwise transfer to a pay-per-call service, a charge for the call.''. SEC. 7. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS. Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the following: ``SEC. 640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS. ``(a) Requirement.--In providing video programming unsuitable for children to any subscriber through a cable system, a cable operator shall fully scramble or otherwise fully block the video and audio portion of each channel carrying such programming so that one not a subscriber does not receive it. ``(b) Definition.--As used in this section, the term `scramble' means to rearrange the content of the signal of the programming so that the programming cannot be received by persons unauthorized to receive the programming.''. SEC. 8. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS. (a) Public, Educational, and Governmental Channels.--Section 611(e) of the Communications Act of 1934 (47 U.S.C. 531(e)) is amended by inserting before the period the following: ``, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity''. (b) Cable Channels for Commercial Use.--Section 612(c)(2) of the Communications Act of 1934 (47 U.S.C. 532(c)(2)) is amended by striking ``an operator'' and inserting ``a cable operator may refuse to transmit any leased access program or portion of a leased access program which contains obscenity, indecency, or nudity. | Communications Decency Act of 1995 - Amends the Communications Act of 1934 to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person who receives such communication. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Increases: (1) the fine and maximum sentence for such violations; and (2) the fine for the transmission over a cable system of obscene or otherwise unprotected material. (Sec. 4) Amends the Federal criminal code to: (1) increase the fine for broadcasting obscene, indecent, or profane language over the radio; and (2) include digital communications in a prohibition against the interception and disclosure of various forms of communications. (Sec. 6) Prohibits a person making a toll-free telephone call from being assessed a charge for the call by being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 7) Requires a cable operator, in providing video programming unsuitable for children to any subscriber through a cable system, to fully scramble or otherwise block the video and audio portion of each channel carrying such programming to ensure that one not a subscriber to such programming does not receive it. (Sec. 8) Allows a cable operator to refuse to transmit any portion of a public access program or leased access program which contains obscenity, indecency, or nudity. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Problem Gambling Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Problem gambling is a public health disorder characterized by increasing preoccupation with gambling, loss of control, restlessness or irritability when attempting to stop gambling, and continuation of the gambling behavior in spite of mounting, serious, negative consequences. (2) Over 6,000,000 adults met criteria for a gambling problem last year. (3) The estimated social cost to families and communities from bankruptcy, divorce, job loss, and criminal justice costs associated with problem gambling was $6,700,000,000 last year. (4) Problem gambling is associated with higher incidences of bankruptcy, domestic abuse, and suicide. (5) People who engage in problem gambling have high rates of co-occurring substance abuse and mental health disorders. (6) In response to current budget shortfalls, many States are considering enacting or have enacted legislation to expand legal gambling activities with the intent of raising State revenues. (7) The Substance Abuse and Mental Health Services Administration is the lead Federal agency for substance abuse and mental health services. (8) There are no agencies or individuals in the Federal Government with formal responsibility for problem gambling. SEC. 3. INCLUSION OF AUTHORITY TO ADDRESS GAMBLING IN SAMHSA AUTHORITIES. Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa(d)) is amended-- (1) by striking ``and'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ``; and''; and (3) by adding at the end the following: ``(19) establish and implement programs for the identification, prevention, and treatment of pathological and other problem gambling.''. SEC. 4. PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 290kk et seq.), relating to services provided through religious organizations and added by section 144 of the Community Renewal Tax Relief Act of 2000 (114 Stat. 2763A-619), as enacted into law by section 1(a)(7) of Public Law 106-554, as part J; (2) by redesignating sections 581 through 584 of that part J as sections 596 through 596C, respectively; and (3) by adding at the end the following: ``PART K--PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING ``SEC. 597. PUBLIC AWARENESS. ``(a) In General.--The Secretary, acting through the Administrator, shall carry out a national campaign to increase knowledge and raise awareness within the general public with respect to problem gambling issues. In carrying out the campaign, the Secretary shall carry out activities that include augmenting and supporting existing (as of the date of the support) national campaigns and producing and placing public service announcements. ``(b) Voluntary Donations.--In carrying out subsection (a), the Secretary may-- ``(1) coordinate the voluntary donation of, and administer, resources to assist in the implementation of new programs and the augmentation and support of existing national campaigns to provide national strategies for dissemination of information, intended to address problem gambling, from-- ``(A) television, radio, motion pictures, cable communications, and the print media; ``(B) the advertising industry; ``(C) the business sector of the United States; and ``(D) professional sports organizations and associations; and ``(2) encourage media outlets throughout the country to provide information, aimed at preventing problem gambling, including public service announcements, documentary films, and advertisements. ``(c) Focus.--In carrying out subsection (a), the Secretary shall target radio and television audiences of events including sporting and gambling events. ``(d) Evaluation.--In carrying out subsection (a), the Secretary shall evaluate the effectiveness of activities under this section. The Secretary shall submit a report to the President and Congress containing the results of the evaluation. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $200,000 for each of fiscal years 2011 through 2015. ``SEC. 597A. RESEARCH. ``(a) In General.--The Secretary, acting through the Administrator, shall establish and implement a national program of research on problem gambling. ``(b) National Gambling Impact Study Commission Report.--In carrying out this section, the Secretary shall consider the recommendations that appear in chapter 8 of the June 18, 1999, report of the National Gambling Impact Study Commission. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 for each of fiscal years 2011 through 2015. ``SEC. 597B. PREVENTION AND TREATMENT. ``(a) Grants.-- ``(1) In general.--The Secretary, acting through the Administrator, shall make grants to States, local and tribal governments, and nonprofit agencies to provide comprehensive services with respect to treatment and prevention of problem gambling issues and education about problem gambling issues. ``(2) Application for grant.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection. ``(b) Treatment Improvement Protocol.--The Secretary shall develop a treatment improvement protocol specific to problem gambling. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2011 through 2015.''. | Comprehensive Problem Gambling Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to: (1) establish and implement programs for the identification, prevention, and treatment of pathological and other problem gambling; (2) carry out a national campaign to increase knowledge and raise awareness of problem gambling; (3) establish and implement a national program of research on problem gambling; and (4) make grants to states, local and tribal governments, and nonprofit agencies to provide comprehensive services with respect to treatment and prevention of, and education about, problem gambling. Authorizes the Secretary, in carrying out the national campaign, to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting and supporting existing national campaigns; and (2) encourage media outlets to provide information aimed at preventing problem gambling. Requires the Secretary to target radio and television audiences of events including sporting and gambling events. Directs the Secretary to develop a treatment improvement protocol for problem gambling. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Recycling Act of 1995''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote reuse and recycling of recyclable materials in furtherance of the goals of waste minimization and natural resource conversation while protecting human health and the environment; (2) to level the playing field between the use of virgin materials and recycled materials; and (3) to remove inappropriate and unnecessary disincentives and impediments to recycling. SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING TRANSACTIONS. (a) Clarification of Liability.--Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following new section: ``SEC. 127. RECYCLING TRANSACTIONS. ``(a) Liability Clarification.--As provided in subsections (b) and (c), a person who arranged for the recycling of recyclable material shall not be liable under section 107(a)(3) or 107(a)(4). ``(b) Recyclable Material Defined.--For purposes of this section, the term `recyclable material' means spent electric lamps, including fluorescent and other types of lamps, and fossil fuel combustion materials described in section 3001(b)(3)(A)(i) of the Solid Waste Disposal Act when those lamps and materials are recycled, beneficially used, or used as a raw material for manufacturing another product. The Administrator may add other materials to this definition by regulation. ``(c) Transactions Involving Recyclable Material.--(1) Transactions involving recyclable material shall constitute arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that the following criteria, where applicable, were met at the time of the transaction: ``(A) A market existed for the recyclable material. ``(B) A substantial portion of the recyclable material was made available for use as a feedstock for the manufacture of a new salable product. ``(C) The recyclable material could have been a replacement or substitute for a virgin raw material, or the product made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from a virgin raw material. ``(D) For transactions occurring 90 days or more after the date of the enactment of this section, the person exercised reasonable care to determine that the facility where the recyclable material would be handled, processed, reclaimed, or otherwise managed by another person (hereinafter in this section referred to as a `consuming facility') was in compliance with substantive (not procedural or administrative) provisions of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. For purposes of this subparagraph, the determination of whether reasonable care was exercised shall be made using criteria that include (i) the ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, storage, or other management activities associated with the recyclable material; and (ii) the result of inquiries made to the appropriate Federal, State, or local environmental agency (or agencies) regarding the consuming facility's past and current compliance with substantive (not procedural or administrative) provisions of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. ``(2) For the purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, storage, or other management activity associated with the recyclable materials shall be considered to be a substantive provision. ``(d) Exclusions.--(1) Subsection (c) shall not apply if the person had an objectively reasonable basis to believe at the time of the recycling transaction-- ``(A) that the recyclable material would not be recycled; ``(B) that the recyclable material would be burned for incineration; or ``(C) for transactions occurring during the 90-day period beginning on the date of the enactment of this section, that the consuming facility was not in compliance with a substantive (not a procedural or administrative) provision of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. ``(2) For purposes of this subsection, the determination of whether the person had an objectively reasonable basis for belief shall be made using criteria that include the size of the person's business, customary industry practices, and the ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, storage, or other management activities associated with the recyclable material. ``(e) Effect on Other Liability.--Nothing in this section shall be deemed to affect the liability of a person under paragraph (1) or (2) of section 107(a). ``(f) Regulations.--The President may, under section 115, promulgate any regulations necessary to implement this section. ``(g) Effect on Pending or Concluded Actions.--The exemptions provided in this section shall not affect any concluded judicial or administrative action or any pending judicial action initiated by the United States before the date of the enactment of this section. ``(h) Liability for Attorneys' Fees for Certain Action.--Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorneys' and expert witness fees. ``(i) Relationship to Liability Under Other Laws.--Nothing in this section shall affect-- ``(1) liability under any other Federal, State, or local statute or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Administrator under the Solid Waste Disposal Act; or ``(2) the authority of the Administrator to promulgate regulations under any other statute, including the Solid Waste Disposal Act.''. (b) Technical Amendment.--The table of contents for title I of such Act is amended by adding at the end the following new item: ``Sec. 127. Recycling transactions.''. | Superfund Recycling Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of certain recyclable materials (spent electric lamps and fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from combustion of coal or other fossil fuels when these materials are recycled, beneficially used, or used as raw materials for manufacturing another product) from liability for costs of environmental response actions. Considers transactions involving such materials to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material, or product to be made from the material, could have been a replacement or substitute for a virgin raw material, or a product made from a virgin raw material, respectively; and (4) in the case of transactions occurring at least 90 days after the date of enactment of this Act, the person exercised reasonable care to determine that the facility where the recyclable material would be handled, processed, reclaimed, or otherwise managed by another person (the consuming facility) was in compliance with substantive provisions of Federal, State, and local environmental laws and regulations or compliance orders or decrees. Makes the exemptions from liability under this Act inapplicable if the person had an objectively reasonable basis to believe at the time of the recycling transaction that: (1) the material would not be recycled; (2) the material would be incinerated; or (3) for transactions occurring during the 90-day period beginning on enactment of this Act, the consuming facility was not in compliance with substantive environmental laws and regulations or compliance orders or decrees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Nutrition Promotion and School Lunch Protection Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) for a school food service program to receive Federal reimbursements under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), school meals served by the program must meet science-based nutrition standards established by Congress and the Secretary of Agriculture; (2) foods sold outside the reimbursable school meal programs (including food and beverages sold in vending machines, a la carte in cafeterias, school stores, and snack bars) are not required to meet comparable nutritional standards; (3) in order to promote child nutrition and health, Congress-- (A) has authorized the Secretary to establish nutrition standards in the school lunchroom during meal time; and (B) since 1979, has prohibited the sale of food of minimal nutritional value, as defined by the Secretary, in areas where school meals are sold or eaten; (4) federally reimbursed school meals and child nutrition and health are undermined by the uneven authority of the Secretary to apply nutrition standards throughout the school campus and over the course of the school day; (5) as of the date of enactment of this Act, the definition of the term ``food of minimal nutritional value'' is the national nutrition standard for foods sold outside of school meals; (6) since 1979, when the Secretary defined the term ``food of minimal nutritional value'' and promulgated regulations for the sale of those foods during meal times, nutrition science has evolved and expanded; (7) because some children purchase foods other than balanced meals provided through the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), the efforts of parents to ensure that their children consume healthful diets are undermined; (8) experts in nutrition science have found that-- (A) since the 1970s, obesity rates have tripled among children ages 6 to 19; (B) children's sodium intake is 214 percent above recommended levels; (C) 85 percent of children consume more saturated fat than is recommended in the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); (D) over \2/3\ of all foods consumed by schoolchildren are foods that are recommended for occasional intake; (E) overweight and obesity are leading modifiable risk factors that have led to the growing number of children with type 2 diabetes; and (F) \1/4\ of children ages 5 to 10 show early warning signs of heart disease, such as elevated blood cholesterol or high blood pressure; (9) in 1996, children aged 2 to 18 years consumed an average of 118 more calories per day than children did in 1978, which is the equivalent of 12 pounds of weight gain annually, if not compensated for through increased physical activity; and (10) the national estimated cost of obesity is $123,000,000,000 a year, \1/2\ of which is paid through the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of that Act (42 U.S.C. 1396 et seq.). SEC. 3. NATIONAL SCHOOL NUTRITION STANDARDS. Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended-- (1) by striking the section heading and all that follows through ``(a) The Secretary'' and inserting the following: ``SEC. 10. REGULATIONS. ``(a) In General.--The Secretary''; and (2) by striking subsections (b) and (c) and inserting the following: ``(b) National School Nutrition Standards.-- ``(1) Proposed regulations.-- ``(A) In general.--The Secretary shall-- ``(i) establish science-based nutrition standards for foods served in schools other than foods provided under this Act and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and ``(ii) not later than 1 year after the date of enactment of this paragraph, promulgate proposed regulations to carry out clause (i). ``(B) Application.--The nutrition standards shall apply to all foods sold-- ``(i) outside the school meal programs; ``(ii) on the school campus; and ``(iii) at any time during the extended school day, including the official school day and the time before and after the official school day when events or activities are primarily under the control of the school or a third party on behalf of the school. ``(C) Requirements.--In establishing nutrition standards under this paragraph, the Secretary shall consider-- ``(i) recommendations made by authoritative scientific organizations concerning appropriate nutrition standards for foods sold outside of the reimbursable meal programs in schools; ``(ii) both the positive and negative contributions of nutrients, ingredients, and foods (including calories, portion size, saturated fat, trans fat, sodium, and added sugars) to the diets of children; ``(iii) evidence concerning the relationship between consumption of certain nutrients, ingredients, and foods to both preventing and promoting the development of overweight, obesity, and other chronic illnesses; and ``(iv) special exemptions for school- sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales, and any other exclusions determined by the Secretary), if the fundraisers are approved by the school and are infrequent within the school. ``(D) Updating standards.--As soon as practicable after the date of publication by the Department of Agriculture and the Department of Health and Human Services of a new edition of the Dietary Guidelines for Americans under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), the Secretary shall review and update as necessary the school nutrition standards and requirements established under this subsection. ``(2) Implementation.-- ``(A) Effective date.-- ``(i) In general.--Except as provided in clause (ii), the proposed regulations under paragraph (1) shall take effect at the beginning of the school year following the date on which the regulations are finalized. ``(ii) Exception.--If the regulations are finalized on a date that is not more than 90 days before the beginning of the school year, the proposed regulations shall take effect at the beginning of the following school year. ``(B) Reporting.--The Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a quarterly report that describes progress made toward promulgating final regulations under this subsection.''. | Child Nutrition Promotion and School Lunch Protection Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish science-based nutrition standards for foods served in schools other than foods served under the school lunch or breakfast programs. Applies such standards to all food sold outside such programs anywhere on school campuses during the extended school day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary to: (1) consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health when establishing the standards; and (2) review the standards as soon as practicable after the Department of Agriculture and the Department of Health and Human Services publish a new edition of the Dietary Guidelines for Americans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NTIA Digital Network Technology Program Act''. SEC. 2. ESTABLISHMENT OF PROGRAM. The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following: ``PART D--DIGITAL NETWORK TECHNOLOGY PROGRAM ``SEC. 171. PROGRAM AUTHORIZED. ``The Secretary shall establish, within the NTIA's Technology Opportunities Program a digital network technologies program to strengthen the capacity of eligible institutions to provide instruction in digital network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction. ``SEC. 172. ACTIVITIES SUPPORTED. ``An eligible institution shall use a grant, contract, or cooperative agreement awarded under this part-- ``(1) to acquire the equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure necessary to teach students and teachers about technology in the classroom; ``(2) to develop and provide educational services, including faculty development, to prepare students or faculty seeking a degree or certificate that is approved by the State, or a regional accrediting body recognized by the Secretary of Education; ``(3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process; ``(4) implement a joint project to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority business or a business located in HUB zones, as defined by the Small Business Administration; or ``(5) provide leadership development to administrators, board members, and faculty of eligible institutions with institutional responsibility for technology education. ``SEC. 173. APPLICATION AND REVIEW PROCEDURE. ``(a) In General.--To be eligible to receive a grant, contract, or cooperative agreement under this part, an eligible institution shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. The Secretary, in consultation with the panel described in subsection (b), shall establish a procedure by which to accept such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. ``(b) Peer Review Panel.--The Secretary shall establish a peer review panel to aid the Secretary in establishing the application procedure described in subsection (a) and selecting applicants to receive grants, contracts, and cooperative agreements under section 171. In selecting the members for such panel, the Secretary may consult with appropriate cabinet-level officials, representatives of non- Federal organizations, and representatives of eligible institutions to ensure that the membership of such panel reflects membership of the minority higher education community, including Federal agency personnel and other individuals who are knowledgeable about issues regarding minority education institutions. ``SEC. 174. MATCHING REQUIREMENT. ``The Secretary may not award a grant, contract, or cooperative agreement to an eligible institution under this part unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to \1/4\ of the amount of the grant, contract, or cooperative agreement awarded by the Secretary, or $500,000, whichever is the lesser amount. The Secretary shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. ``SEC. 175. LIMITATION. ``An eligible institution that receives a grant, contract, or cooperative agreement under this part that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this part until every other eligible institution has received a grant, contract, or cooperative agreement under this part. ``SEC. 176. ANNUAL REPORT AND EVALUATION. ``(a) Annual Report Required From Recipients.--Each institution that receives a grant, contract, or cooperative agreement under this part shall provide an annual report to the Secretary on its use of the grant, contract, or cooperative agreement. ``(b) Evaluation by Secretary.--The Secretary, in consultation with the Secretary of Education, shall-- ``(1) review the reports provided under subsection (a) each year; ``(2) evaluate the program authorized by section 171 on the basis of those reports; and ``(3) conduct a final evaluation at the end of the third year ``(c) Contents of Evaluation.--The Secretary, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions ``(d) Report to Congress.--The Secretary shall submit a report to the Congress based on the final evaluation within 1 year after conducting the final evaluation. In the report, the Secretary shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate.''. SEC. 3. DEFINITIONS. Section 102(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901(a)) is amended by adding at the end the following: ``(6) Eligible institution defined.--The term `eligible institution' means an institution that is-- ``(A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution described in section 326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this subparagraph; ``(B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); ``(C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); ``(D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); ``(E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or ``(F) an institution determined by the Secretary, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low- income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce not more than $250,000,000 for fiscal year 2002, and such sums as may be necessary for fiscal years 2003 through 2007, to carry out part D of the National Telecommunications and Information Administration Organization Act. | NTIA Digital Network Technology Program Act - Amends the National Telecommunications and Information Administration (NTIA) Organization Act to direct the Secretary of Commerce to establish within NTIA's Technology Opportunities Program a digital network technologies program to award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital network technologies. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement.Prohibits an institution that receives assistance exceeding $2.5 million from receiving further assistance until every other eligible institution has received assistance under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Organ Donation Awareness and Promotion Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In May 2015, over 123,400 individuals were on the official waiting list for organ donation managed by the Organ Procurement and Transplantation Network. (2) In 2014, the most recent year for which complete data are available, 14,413 individuals became organ donors leading to 29,531 transplants, while 6,198 individuals died while waiting for a transplant. (3) On average, 21 people die every day of every year while waiting for an organ donation. (4) Over 100,000,000 people in the United States are registered to be organ and tissue donors, yet the demand for donated organs still outweighs the supply of organs made available each day. (5) Many people do not know about their options for organ and tissue donation, or have not made their wishes clear to their families. (6) Organ and tissue donation can give meaning to the tragic loss of a loved one by enabling up to eight people to receive the gift of life from a single deceased donor. (7) Living donors can donate a kidney or a portion of a lung or liver to save the life of another individual. SEC. 3. SENSE OF CONGRESS. (a) Public Awareness of Need for Organ Donation.--It is the sense of Congress that the Federal Government should carry out programs to educate the public with respect to organ donation, including the need to provide for an adequate rate of such donations. (b) Family Discussions of Organ Donations.--It is the sense of Congress that individuals pledging to share their lives as organ and tissue donors should be honored, and the importance of discussing an individual's wishes regarding organ and tissue donation with family members should be encouraged. (c) Deceased Donations of Organs.--It is the sense of Congress to-- (1) recognize the generous gift of life provided by individuals who indicate their wish to become organ donors; (2) acknowledge the grief of families facing the loss of a loved one; and (3) commend those families who, in their grief, choose to donate the organs of their deceased family member. (d) Living Donations of Organs.--It is the sense of Congress to-- (1) recognize the generous contribution made by each living individual who has donated an organ to save a life; (2) acknowledge the advances in medical technology that have enabled organ transplantation with organs donated by living individuals to become a viable treatment option for an increasing number of patients; and (3) commend the medical professionals and organ transplantation experts who have worked to improve the process of living organ donation and increase the number of living donors. SEC. 4. ORGAN DONATION PUBLIC AWARENESS PROGRAM, STUDIES AND DEMONSTRATIONS. Section 377A of the Public Health Service Act (42 U.S.C. 274f-1) is amended to read as follows: ``SEC. 377A. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS. ``(a) Organ Donation Public Awareness Program.--The Secretary shall, directly or through grants or contracts, establish a public education program in cooperation with existing national public awareness campaigns to increase awareness about organ donation and the need to provide for an adequate rate of such donations. ``(b) Studies and Demonstrations.--The Secretary may make peer- reviewed grants to, or enter into peer-reviewed contracts with, public and nonprofit private entities for the purpose of carrying out studies and demonstration projects to increase organ donation and recovery rates, including living donation. ``(c) Grants to States.-- ``(1) In general.--The Secretary may make grants to States for the purpose of assisting States in carrying out organ donor awareness, public education, and outreach activities and programs designed to increase the number of organ donors within the State, including living donors. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, a State shall-- ``(A) submit an application to the Department in the form prescribed; ``(B) establish yearly benchmarks for improvement in organ donation rates in the State; and ``(C) report to the Secretary on an annual basis a description and assessment of the State's use of funds received under this subsection, accompanied by an assessment of initiatives for potential replication in other States. ``(3) Use of funds.--Funds received under this subsection may be used by the State, or in partnership with other public agencies or private sector institutions, for education and awareness efforts, information dissemination, activities pertaining to the State donor registry, and other innovative donation specific initiatives, including living donation. ``(d) Educational Activities.--The Secretary, in coordination with the Organ Procurement and Transplantation Network and other appropriate organizations, shall support the development and dissemination of educational materials to inform health care professionals and other appropriate professionals in issues surrounding organ, tissue, and eye donation including evidence-based proven methods to approach patients and their families, cultural sensitivities, and other relevant issues. ``(e) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) for the Organ Donation Public Awareness Program under subsection (a), $5,000,000 for each of fiscal years 2015 through 2019; ``(2) for the studies and demonstrations under subsection (b), $5,000,000 for each of fiscal years 2015 through 2019; ``(3) for the grants to States under subsection (c), $5,000,000 for each of fiscal years 2015 through 2019; and ``(4) for the educational activities under subsection (d), $5,000,000 for each of fiscal years 2015 through 2019.''. | Organ Donation Awareness and Promotion Act of 2015 This bill expresses the sense of Congress that: (1) the federal government should carry out programs to educate the public with respect to organ donation, and (2) organ and tissue donors should be honored. The bill amends the Public Health Service Act to authorize the appropriation of specified amounts for FY2015-FY2019 for: (1) the Organ Donation Public Awareness Program; (2) studies and demonstration projects to increase organ donation and recovery rates; (3) grants to assist states in carrying out organ donor awareness, public education, and outreach activities and programs designed to increase the number of organ donors within the state; and (4) support for the development and dissemination of educational materials to inform health care and other appropriate professionals in issues surrounding organ, tissue, and eye donation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Poarch Band of Creek Indians Land Reaffirmation Act''. SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND. (a) In General.--All lands taken into trust by the United States for the benefit of the Poarch Band of Creek Indians prior to the date of enactment of this Act are reaffirmed as trust land and shall remain as Indian country under section 1151 of title 18, United States Code. (b) Description of Land.--The land referred to in subsection (a) is comprised of the following: (1) The approximately 229\1/2\ acres described in the final Notice of the Department of Interior's Poarch Band of Creeks Establishment of Reservation (50 Fed. Reg. 15502 (April 18, 1985)), and Poarch Band of Creeks; Establishment of Reservation: Correction (50 Fed. Reg. 19813 (May 10, 1985)), and shown on Poarch Band of Creek Indians Trust Lands Maps 1, 2, and 5 as ``Reservation''. (2) The approximately 1 acre named as Parcel 5 located within the exterior geographic boundaries of Escambia County, Florida, which was taken into trust by the Department of Interior via Statutory Warranty Deed on November 21, 1984, shown on Poarch Band of Creek Indians Trust Lands Map 7, and further described as: Commence at the Southeast corner of the Northwest Quarter of Section 5, Township 5 North, Range 33 West, Escambia County, Florida; thence go West along the South line of the Northwest Quarter of said Section 5 for a distance of 420 feet; thence run North for a distance of 40 feet to the point of beginning; thence continue North along said line for a distance of 210 feet; thence run West for a distance of 210 feet; thence run South for a distance of 210 feet; thence run East 210 feet to the point of beginning, containing one acre, more or less. (3) The approximately 1 acre named as Parcel 6 located within the exterior geographic boundaries of Monroe County, Alabama, which was taken into trust by the Department of Interior via Statutory Warranty Deed on November 21, 1984, shown on Poarch Band of Creek Indians Trust Lands Map 3, and further described as: One acre in a square in Southeast corner of the ten-acre strip on the North side of South Half of Southeast Quarter lying West of the highway in Section 26, Township 5 North, Range 6 East, being the same property conveyed to the Grantor by deed dated July 23, 1984 and filed for record in the office of the Judge of Probate of Monroe County, Alabama on July 23, 1984, and by correction deed dated November 21, 1984. (4) The approximately 10 acres named as Parcel 12 located within the exterior geographic boundaries of Escambia County, Alabama, which were taken into trust by the Department of Interior via Correction Deed on November 21, 1988, shown on Poarch Band of Creek Indians Trust Lands Map 4, and further described as: Begin at a 2'' iron pipe at the intersection of the South line of Section 5, Township 1 North, Range 6 East, and the East right of way line of Alabama State Highway No. 21; thence run S 89 03' 00'' E along said South line of Section 5 a distance of 860.93 feet; thence run N 00 04' 57'' W a distance of 608.47 feet; thence run N 89 56' 20'' W a distance of 575.73 feet to the aforementioned East right of way line of Alabama State Highway No. 21; thence run S 25 32' 21'' W along said East right of way line a distance of 659.22 feet to the point of beginning, said property lying and being all in Section 5, Township 1 North, Range 6 East, and containing 10.09 acres, more or less. (5) The approximately 10 acres named as Parcel 10 located within the exterior geographic boundaries of Escambia County, Alabama, which were taken into trust by the Department of Interior via Warranty Deed on August 17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map 2, and further described as: Commencing at the Southeast corner of the Northeast 1/4 of Southwest 1/4 - Section 28 Township 2 North Range 6 East; thence North 577.5 feet; thence North 89 degrees West 2726 feet to the point of beginning; thence North 89 degrees West 100 feet; thence South 210 feet; thence North 89 degrees West 855 feet; thence South 0 degrees 21 minutes West 378.37 feet; thence South 84 degrees 40 minutes East 966 feet; thence North 28 degrees 32 minutes East 300 feet; thence North 89 degrees West 148 feet; thence North 395.34 feet to point of beginning. Containing 10.08 acres. (6) The approximately 52 acres named as Parcel 14 located within the exterior geographic boundaries of Escambia County, Alabama, which was taken into trust by the Department of Interior via Warranty Deed on August 17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map 1, and further described as: All of the North half of Northwest Quarter of Section 34, Township 2 North, Range 5 East lying East of the Poarch-Perdido Road. (7) The approximately 31 acres named as Parcel 15 located within the exterior geographic boundaries of Escambia County, Alabama, which were taken into trust by Warranty Deed on August 17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map 1, and further described as: All of the West Half of Northwest Quarter of Section 34, Township 2 North, Range 5 East lying North of Dees Road and West of the Poarch-Perdido Road. (8) The approximately 8 acres named as Parcel 16 located within the exterior geographic boundaries of Escambia County, Alabama, which were taken into trust by the Department of Interior via Warranty Deed on August 17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map 1, and further described as: Beginning at the Southwest corner of Northwest Quarter of Southwest Quarter of Section 27, Township 2 North, Range 5 East, thence run East 1145 feet to the public road; thence North 3 degrees 15 minutes East 380 feet along said road; thence run West 1167 feet; thence run South 380 feet to point of beginning containing ten acres, except two acres described as follows: Beginning at the aforesaid point of beginning thence run East 848 feet to the starting point; thence run North 297 feet, thence run East 298 feet, more or less, to the West right of way of Old Sullivan Mill Road; thence run Southwesterly along said right of way to the South line of Northwest Quarter of Southwest Quarter of said Section 27; thence run West 297 feet to the starting point, containing eight acres, more or less. (9) The approximately 34 acres named as Parcel 22 located within the exterior geographic boundaries of Escambia County, Alabama, which was taken into trust by the Department of Interior via Warranty Deed on August 17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map 1, and further described as: Commence at a one-inch metal pipe being the Southwest corner of Section 27, Township 2 North, Range 5 East Escambia County, Alabama; thence go N 00 38' 26'' W along the West line of said Section 27 for a distance of 8.0 feet to a point on the Northerly right of way line of Jackson Road (40 foot right of way), said point also being the point of beginning; thence continue N 00 38' 26'' W along said West section line for a distance of 1321.23 feet to the Northwest corner of the Southwest Quarter of Southwest Quarter at said Section 27; thence go N 89 30' 13'' E along the North line of said Southwest Quarter of Southwest Quarter for a distance of 1146.48 feet to the Westerly right of way line of Poarch-Perdido Road (40 foot right of way); thence go S 00 34' 55'' W along said Westerly right of way line for a distance of 287.65 feet: thence go S 01 30' 05'' W for a distance of 40.0 feet; thence go S 00 00' 31'' W along aforesaid Westerly right of way line for a distance of 195.59 feet; thence go S 02 34' 30'' W along aforesaid right of way line for a distance of 172.73 feet; thence go S 04 24' 35'' W along aforesaid right of way for a distance of 630.72 feet to the intersection with the Northerly right of way of said Jackson Road; thence go S 89 39' 16'' W along said Northerly right of way line for a distance of 1071.43 feet to the point of beginning, it being the intention to describe herein and convey hereby all of the Southwest Quarter of Southwest Quarter of Section 27, Township 2 North, Range 5 East, lying West of the public road. (10) The approximately 13 acres named as Parcel 17 located within the exterior geographic boundaries of Montgomery County, Alabama, which were taken into trust by the Department of Interior via Warranty Deed on March 23, 1995, shown on Poarch Band of Creek Indians Trust Lands Map 6, and further described as: Commence at the SW corner of Section 27, T-17-N, R- 19-E, Montgomery County, Alabama and run EAST, 4340.49 feet; thence NORTH, 1806.29 feet to a point on existing fence line and being the Point of Beginning; Thence continue along said fence line S8913'03''E, 136.34 feet; Thence continue along said fence line S2349'20'' E, 62.92 feet; Thence continue along said fence line N6923'34''E, 219.92 feet to an existing iron pin; Thence continue along said fence line N1723'26''W, 968.84 feet to an existing iron pin; Thence leaving said fence line N1823'28''W, 503.62 feet to a point on the southeast edge of the Tallapoosa River; Thence along said edge S4324'16''W, 618.01 feet; Thence leaving said edge S3949'22''E, 150.00 feet to a point on an existing fence line; Thence along said fence line S2617'56''E, 374.05 feet; Thence continue along said fence line S3939'24''E, 198.60 feet; Thence continue along said fence line S1738'01''E, 386.15 feet to the Point of Beginning. All lying in the E 1/2 Section 27, T-17-N, R 19 E, Montgomery County, Alabama, and containing 12.86 acres more or less. (c) Application.--This Act shall apply to all claims, including claims challenging the validity of title or the effectiveness of any action of the Secretary acquiring and taking land described in subsection (b) into trust, that are pending on the date of enactment of this Act, or that are filed on or after that date. | Poarch Band of Creek Indians Land Reaffirmation Act This bill reaffirms as trust land specified land taken into trust by the United States for the benefit of the Poarch Band of Creek Indians, including land in Escambia County, Florida, and Monroe, Escambia, and Montgomery Counties in Alabama. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cabin Fee Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Cabin user fees. Sec. 4. Payment of cabin transfer fees. Sec. 5. Right of appeal and judicial review. Sec. 6. Effect. Sec. 7. Regulations. SEC. 2. DEFINITIONS. In this Act: (1) Authorization; authorize.--The terms ``authorization'' and ``authorize'' mean the issuance of a special use permit for the use and occupancy of National Forest System land by a cabin owner under the Recreation Residence Program. (2) Cabin.--The term ``cabin'' means a privately built and owned recreation residence and related improvements on National Forest System land that-- (A) is authorized for private use and occupancy; and (B) may be sold or transferred between private parties. (3) Cabin owner.--The term ``cabin owner'' means-- (A) a person authorized by the Secretary to use and to occupy a cabin; and (B) a trust, heir, or assign of a person described in subparagraph (A). (4) Cabin transfer fee.--The term ``cabin transfer fee'' means a fee that is paid to the United States on the transfer of a cabin between private parties for money or other consideration that results in the issuance of a new permit. (5) Cabin user fee.--The term ``cabin user fee'' means an annual fee paid to the United States by a cabin owner in accordance with an authorization for the use and occupancy of a cabin. (6) Current appraisal cycle.--The term ``current appraisal cycle'' means the completion of Forest Service review and acceptance of-- (A) initial typical lot appraisals; and (B) second appraisals, if ordered by cabin owners and approved by the Forest Service. (7) Current cabin user fee.--The term ``current cabin user fee'' means the most recent cabin user fee, as adjusted under section 3(c). (8) Lot.--The term ``lot'' means a parcel of National Forest System land on which a person is authorized to build, use, occupy, and maintain a cabin. (9) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609). (10) Recreation residence program.--The term ``Recreation Residence Program'' means the Recreation Residence Program established under the last paragraph under the heading ``FOREST SERVICE'' in the Act of March 4, 1915 (16 U.S.C. 497). (11) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (12) Typical lot.--The term ``typical lot'' means a cabin lot, or group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract. SEC. 3. CABIN USER FEES. (a) Payment of Cabin User Fees.--Cabin owners shall pay an annual cabin user fee established by the Secretary in accordance with this section. (b) Initial Cabin User Fees.-- (1) Establishment.--The Secretary shall establish initial cabin user fees in accordance with this subsection. (2) Assignment to value tiers.--On completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall assign each permitted lot on National Forest System land to 1 of 10 tiers based on the following considerations: (A) Before assigning the lots to tiers, all appraised lot values shall be adjusted, or normalized, for price changes occurring after the appraisal, in accordance with the National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (B) Second appraisal values shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph (A). (C) The tiers shall be established, on a national basis, according to relative lot value, with lots having the lowest adjusted appraised value assigned to tier 1 and lots having the highest adjusted appraised value assigned to tier 10. (D) The number of lots (by percentage) assigned to each tier is contained in the table set forth in paragraph (3). (E) Data from incomplete appraisals may not be used to establish the fee tiers under this subsection. (F) Until assigned to a tier under this subsection, the Secretary shall assess (and may adjust annually subject to clause (ii)) an interim fee for permitted cabin lots (including lots with incomplete appraisals) in an amount equal to the lesser of-- (i) $5,000; or (ii) the amount of the current cabin user fee, as determined under the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.), which amount the Secretary may increase annually by not more than 25 percent, except that the increased fee shall not exceed the otherwise scheduled fee determined under the Cabin User Fee Fairness Act of 2000. (3) Amount of initial cabin user fees.--The initial cabin user fees, based on the assignments under paragraph (2), are as follows: ------------------------------------------------------------------------ Approximate Percent of Fee Tier Permits Nationally Fee Amount ------------------------------------------------------------------------ Tier 1 5 percent $500 ------------------------------------------------------------------------ Tier 2 12 percent $1,000 ------------------------------------------------------------------------ Tier 3 22 percent $1,500 ------------------------------------------------------------------------ Tier 4 22 percent $2,000 ------------------------------------------------------------------------ Tier 5 10 percent $2,500 ------------------------------------------------------------------------ Tier 6 9 percent $3,000 ------------------------------------------------------------------------ Tier 7 7 percent $3,500 ------------------------------------------------------------------------ Tier 8 5 percent $4,000 ------------------------------------------------------------------------ Tier 9 5 percent $4,500 ------------------------------------------------------------------------ Tier 10 3 percent $5,000 ------------------------------------------------------------------------ (4) Deadline for completion of current appraisal cycle.-- Not later than 3 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle. (5) Effective date.--The initial cabin user fees required by this subsection shall take effect beginning with the first calendar year beginning after the completion of the current appraisal cycle. (c) Annual Adjustments of Cabin User Fee.--Once initial cabin user fees have been assessed, based on the tier assignments under subsection (b)(2), the Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to assess an annual adjustment to cabin user fees. (d) Effect of Destruction, Substantial Damage, or Loss of Access.-- (1) In general.--The Secretary shall reduce the cabin user fee to $100 per year for a cabin if-- (A) the cabin is destroyed or suffers substantial damage in an amount that is greater than 50 percent of replacement cost of the cabin; or (B) access to the cabin is significantly impaired, whether by catastrophic events, natural causes, or governmental actions. (2) Term of reduced fee.--The reduced fee under paragraph (1) shall be in effect until the later of-- (A) the last day of the year in which the destruction or impairment occurs; or (B) the date on which the cabin may be lawfully reoccupied and normal access has been restored. SEC. 4. PAYMENT OF CABIN TRANSFER FEES. As a condition of the issuance by the Secretary of a new authorization for the use and occupancy of the cabin, the cabin owner transferring the cabin shall pay to the Secretary a cabin transfer fee in the amount of $1,200. SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW. (a) Right of Appeal.-- (1) In general.--Notwithstanding any action of a cabin owner to exercise rights in accordance with section 6, the Secretary shall by regulation grant to the cabin owner the right to an administrative appeal of the determination of a new cabin user fee, fee tier, or whether or not to reduce a cabin user fee under section 3(d). (2) Applicable law.--An appeal under paragraph (1) shall be pursuant to the appeal process provided under subpart C of part 251 of title 36, Code of Federal Regulations (or a successor regulation). (b) Judicial Review.-- (1) In general.--A cabin owner that contests a final decision of the Secretary under this Act may bring a civil action in United States district court. (2) Venue.--The venue for an action brought before the United States district court under this subsection shall be in the Federal judicial district in which the cabin is located. (3) Effect on mediation.--Nothing in this Act precludes a person from seeking mediation for an action under this Act. SEC. 6. EFFECT. (a) In General.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource. (b) Special Rule for Alaska.--In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 7. REGULATIONS. Not later than December 31, 2013, the Secretary shall issue regulations to carry out this Act. Passed the House of Representatives September 10, 2012. Attest: KAREN L. HAAS, Clerk. | Cabin Fee Act of 2012 - Directs the Secretary of Agriculture (USDA) to set an annual fee for, and requires the payment of such fee to the United States by, an authorized owner of a privately built and owned recreational cabin located on National Forest System land. Reduces such fee to $100 annually if access to a cabin is significantly impaired, either by natural causes or governmental actions. Requires payment of a transfer fee to the United States upon the transfer of a cabin between private parties for consideration. Requires the Secretary to grant a cabin owner the right to administrative appeal of a cabin fee decision, which may be reviewed by bringing a civil action in U.S. district court. |
SECTION 1. DEPARTMENTAL REORGANIZATION. (a) Redesignation of Directorate for Information Analysis and Infrastructure Protection.--Section 201 of the Homeland Security Act of 2002 is amended-- (1) in subsection (a)(1)-- (A) by striking ``a Directorate for Information Analysis and Infrastructure Protection'' and inserting ``an Office of Intelligence and Analysis''; and (B) by striking ``an Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``an Under Secretary for Intelligence and Analysis''; (2) by striking subsection (b) and redesignating subsections (c) through (g) as subsections (b) through (f), respectively; (3) in subsection (b), as so redesignated-- (A) by striking ``and infrastructure protection'' before ``are carried out'' and inserting ``and intelligence''; and (B) by striking ``the Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``the Under Secretary for Intelligence and Analysis''; (4) in subsection (c), as so redesignated-- (A) by striking ``the Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``the Under Secretary for Intelligence and Analysis''; (B) by striking paragraphs (2), (5), and (6), and redesignating paragraphs (3) through (17) as paragraphs (2) through (14), respectively; (C) by redesignating paragraphs (18) and (19) as paragraphs (20) and (21), respectively; (D) in paragraph (2), as so redesignated, by striking ``To integrate'' and inserting ``To participate in the integration of''; (E) in paragraph (14), as so redesignated, by inserting ``the Assistant Secretary for Infrastructure Protection and'' after ``coordinate with''; and (F) by inserting after paragraph (14), as redesignated by subparagraph (B), the following new paragraphs: ``(15) To coordinate and enhance integration among intelligence components of the Department. ``(16) To establish intelligence priorities, policies, processes, standards, guidelines, and procedures for the Department. ``(17) To establish a structure and process to support the missions and goals of the intelligence components of the Department. ``(18) To ensure that, whenever possible-- ``(A) the Under Secretary for Intelligence and Analysis produces and disseminates reports and analytic products based on open-source information that do not require a national security classification under applicable law; and ``(B) such unclassified open source reports are produced and disseminated contemporaneously with reports or analytic products concerning the same or similar information that the Under Secretary for Intelligence and Analysis produces and disseminates in a classified format. ``(19) To establish within the Office of Intelligence Analysis an Internal Continuity of Operations (COOP) Plan that-- ``(A) assures that the capability exists to continue uninterrupted operations during a wide range of potential emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies, that is maintained at a high level of readiness and is capable of implementation with and without warning; and ``(B) includes plans and procedures governing succession to office within the Office of Intelligence and Analysis, including-- ``(i) emergency delegations of authority (where permissible, and in accordance with applicable law); ``(ii) the safekeeping of vital resources, facilities, and records; ``(iii) the improvisation or emergency acquisition of vital resources necessary for the performance of operations of the Office; and ``(iv) the capability to relocate essential personnel and functions to and to sustain the performance of the operations of the Office at an alternate work site until normal operations can be resumed.''; (5) in subsections (d) and (e), as redesignated by subsection (a)(2), by striking ``Directorate'' each place it appears and inserting ``Office''; and (6) in subsection (f), as redesignated by subsection (a)(2)-- (A) by striking ``the Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``the Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection''; and (B) by inserting ``and section 203'' after ``under this section''. (b) Technical and Conforming Amendments.-- (1) Homeland security act.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (A) in section 103(2), by striking ``Information Analysis and Infrastructure Protection'' and inserting ``Intelligence and Analysis''; (B) in section 223, by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection''; (C) in section 224, by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Assistant Secretary for Infrastructure Protection''; (D) in section 302(3), by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection''; (E) in the first section 510(d)-- (i) in paragraph (1), by striking ``Directorate for Information Analysis and Infrastructure Protection'' and inserting ``Office of Intelligence and Analysis''; and (ii) in paragraph (2), by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis''; and (F) by redesignating the second section 510 as section 511. (2) Headings.-- (A) Section 201.--The heading for section 121 of such Act is amended to read as follows: ``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''. (B) Section 201(a).--The heading for subsection (a) of section 121 of such Act is amended to read as follows: ``(a) Under Secretary of Homeland Security for Intelligence and Analysis.--''. (C) Section 201(b).--The heading for subsection (b) of section 121 of such Act, as redesignated by subsection (a)(2), is amended to read as follows: ``(b) Discharge of Intelligence and Analysis.--''. (3) National security act of 1947.--Section 106(b)(2)(I) of the National Security Act of 1947 (50 U.S.C. 403-6) is amended to read as follows: ``(I) The Under Secretary of Homeland Security for Intelligence and Analysis.''. (4) Intelligence reform and terrorism prevention act of 2004.--Section 7306(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3848) is amended by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the items relating to section 509 the following: ``Sec. 510. Procurement of security countermeasures for strategic national stockpile. ``Sec. 511. Urban and other high risk area communications capabilities.''. SEC. 2. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY. (a) Responsibilities.--Subtitle A of title II of the Homeland Security Act of 2002 6 U.S.C. 201 et seq.) is amended by adding at the end the following new section: ``SEC. 203. INTELLIGENCE COMPONENTS. ``(a) Responsibilities.--Subject to the direction and control of the Secretary, the responsibilities of the head of each intelligence component of the Department are as follows: ``(1) To ensure that duties related to the acquisition, analysis, and dissemination of homeland security information are carried out effectively and efficiently in support of the Under Secretary for Intelligence and Analysis. ``(2) To support and implement the goals established in cooperation with the Under Secretary for Intelligence and Analysis. ``(3) To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation. ``(4) To coordinate with the Under Secretary for Intelligence and Analysis in the recruitment and selection of intelligence officials of the intelligence component. ``(5) To advise and coordinate with the Under Secretary for Intelligence and Analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions. ``(6) To ensure that employees of the intelligence component have knowledge of and comply with the programs and policies established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and that such employees comply with all applicable laws and regulations. ``(7) To perform such other duties relating to such responsibilities as the Secretary may provide. ``(b) Training of Employees.--The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the handling, analysis, dissemination, and acquisition of homeland security information.''. (b) Intelligence Component Defined.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following new paragraph: ``(17) The term `intelligence component of the Department' means any directorate, agency, or element of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information except-- ``(A) a directorate, agency, or element of the Department that is required to be maintained as a distinct entity under this Act; or ``(B) any personnel security, physical security, document security, or communications security program within any directorate, agency, or element of the Department.''. (c) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following the following: ``Sec. 203. Intelligence components.''. SEC. 3. OFFICE OF INFRASTRUCTURE PROTECTION. (a) Establishment.--Subtitle A of title II of the Homeland Security Act of 2002 6 U.S.C. 201 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 204. OFFICE OF INFRASTRUCTURE PROTECTION. ``(a) Assistant Secretary for Infrastructure Protection.-- ``(1) In general.--There shall be in the Department an Office of Infrastructure Protection headed by an Assistant Secretary for Infrastructure Protection. ``(2) Responsibilities.--The Assistant Secretary shall assist the Secretary in discharging the responsibilities assigned by the Secretary. ``(b) Discharge of Infrastructure Protection.--The Secretary shall ensure that the responsibilities of the Department regarding infrastructure protection are carried out through the Assistant Secretary for Infrastructure Protection. ``(c) Responsibilities of Assistant Secretary.--Subject to the direction and control of the Secretary, the responsibilities of the Assistant Secretary for Infrastructure Protection shall be as follows: ``(1) To carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks). ``(2) To participate in the integration of relevant information, analyses, and vulnerability assessments (whether such information, analyses, or assessments are provided or produced by the Department or others) in order to identify priorities for protective and support measures by the Department, other agencies of the Federal Government, State and local government agencies and authorities, the private sector, and other entities. ``(3) To develop a comprehensive national plan for securing the key resources and critical infrastructure of the United States, including power production, generation, and distribution systems, information technology and telecommunications systems (including satellites), electronic financial and property record storage and transmission systems, emergency preparedness communications systems, and the physical and technological assets that support such systems. ``(4) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other agencies of the Federal Government and in cooperation with State and local government agencies and authorities, the private sector, and other entities. ``(5) To coordinate with the Under Secretary for Intelligence and Analysis and elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate. ``(6) To perform such other duties relating to such responsibilities as the Secretary may provide. ``(d) Staff.-- ``(1) In general.--The Secretary shall provide the Office with a staff having appropriate expertise and experience to assist the Assistant Secretary in discharging responsibilities under this section. ``(2) Private sector staff.--Staff under this subsection may include staff from the private sector. ``(3) Security clearances.--Staff under this subsection shall possess security clearances appropriate for their work under this section. ``(e) Detail of Personnel.-- ``(1) In general.--In order to assist the Office in discharging responsibilities under this section, personnel of other Federal agencies may be detailed to the Department for the performance of analytic functions and related duties. ``(2) Cooperative agreements.--The Secretary and the head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection. ``(3) Basis.--The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 204. Office of Infrastructure Protection.''. | Amends the Homeland Security Act of 2002 to: (1) rename the Directorate for Information Analysis and Infrastructure Protection as the Office of Intelligence and Analysis and the Under Secretary for such Directorate as the Under Secretary for Intelligence and Analysis; (2) expand the intelligence-related duties of the Under Secretary; (3) establish within the Office of Intelligence and Analysis an Internal Continuity of Operations (COOP) Plan to assure the continuation of intelligence operations during emergencies; (4) specify the responsibilities of each intelligence component of the Department of Homeland Security (DHS); and (5) establish an Office of Infrastructure Protection within DHS to be headed by an Assistant Secretary for Infrastructure Protection. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hate Crimes Commission Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Federal Bureau of Investigation defines a ``hate crime'' to be a criminal offense--such as murder, arson, or vandalism--against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. (2) Forty-five States and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation. (3) The Federal Government has had hate crimes statutes since 1968, with the most recent law enacted in 2009. (4) The impact of underreporting on hate crimes statistics hinders hate crimes prevention. (5) According to multiple, nonpartisan studies, hate crimes have increased sharply over the past year, with over 900 new hate incidents reported since November 2016. (6) The U.S. Commission on Civil Rights found that in 2016, there was a 6.7-percent increase in reported hate crimes since the prior year, one of the largest one-year increases in over a decade. (7) In May 2017, the FBI found that White supremacists and rightwing extremist groups were responsible for 49 deaths in 26 incidents between 2000 and 2016, the most of any domestic extremist group. The same report found that White supremacists and rightwing extremist groups were the largest threat of domestic terror, and were likely to continue to pose a lethal threat over the next year. (8) In February 2017, a White supremacist entered a bar in Kansas and shot at two Indian men, Srinivas Kuchibhotla and Alok Madasani while shouting racial epithets. Srinivas later died of his injuries. (9) The nonpartisan Center for the Study of Hate and Extremism documented 55 instances of anti-Semitism between January and March 2017 in New York City alone, a 189-percent increase from the same time period in 2016, and close to 100 bomb threats have been received by Jewish Community Centers and Schools. (10) Since January, there have been at least five attacks on LGBT centers across the country. (11) The White nationalist and neo-Nazi protests in Charlottesville, Virginia, on August 11-13, 2017, which resulted in 1 death and 20 injuries from a White nationalist driving his car into a group of counterprotesters, show the need for increased action to combat hate-based attacks. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the United States Commission on Hate Crimes (hereinafter in this act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 12 members. Membership of the Commission shall be appointed in accordance with the following: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the minority leader of the Senate. (3) Two members shall be appointed by the Speaker of the House of Representatives. (4) Two members shall be appointed by the minority leader of the House of Representatives. (5) Two members shall be jointly appointed by the two appointing officials under paragraphs (1) through (4) who are members of, or caucus with, the Democratic Party. (6) Two members shall be jointly appointed by the two appointing officials under paragraphs (1) through (4) who are members of, or caucus with, the Republican Party. (7) Not more than 6 members of the Commission shall be from the law enforcement community and not more than 6 members of the Commission shall be of the civil rights community. (8) Not more than six of the members shall be of the same political party. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall investigate the following: (1) If there has been an increase in hate crimes during the period beginning January 1, 2007, and ending 60 days after the date of enactment of this Act. (2) To the extent that any increase in the commission in hate crimes is determined to exist, what factors have contributed to such increase. (3) What policies or actions law enforcement agencies might adopt or engage in to reduce the commission of hate crimes. (4) The impact of underreporting on hate crimes statistics and hate crimes prevention. SEC. 5. REPORT. Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President setting forth the results of the investigation under section 4. SEC. 6. DEFINITION. In this Act, the term ``hate crime'' means an offense under section 249 of title 18, United States Code. | Hate Crimes Commission Act of 2017 This bill establishes the United States Commission on Hate Crimes to investigate and report on: whether hate crimes have increased; factors that contributed to an increase in hate crimes, if one is determined to exist; policies or actions by law enforcement agencies to reduce hate crimes; and the impact of underreporting on hate crimes statistics and prevention. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``California Missions Preservation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The California missions represent some of our Nation's oldest historical treasures. (2) The first of the California missions was founded in 1769, and eventually a chain of 21 missions and various sub- missions extended along the coast of California on El Camino Real. (3) The California missions contribute greatly to the rich historical, cultural, and architectural heritage of California and the American West. (4) The knowledge and cultural influence of native California Indians made a lasting contribution to the early settlement of California and the development of the California missions. (5) More than 5,300,000 people visit the California missions annually, and the historical importance of the California missions extends worldwide as they have become a frequent destination for foreign visitors to the United States. (6) The history of the California missions is an important educational component in California schools, and the study of the California missions is part of the Statewide fourth grade curricula on California history. (7) Restoration and repair of the California missions, and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions, for the public enjoyment will ensure that future generations also have the benefit of experiencing and appreciating these great symbols of the spirit of exploration and discovery in the American West. SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVATION OF THE CALIFORNIA MISSIONS. (a) Definitions.--In this section: (1) California missions.--The term ``California missions'' means the following historic Spanish missions located in the State of California and designated as California Registered Historical Landmarks: (A) Mission La Purisima Concepcion, Lompoc. (B) Mission La Soledad, Soledad. (C) Mission San Antonio de Padua, Jolon. (D) Mission San Buenaventura, Ventura. (E) Mission San Carlos Borromeo del Rio Carmelo, Carmel. (F) Mission San Diego Alcala, San Diego. (G) Mission San Fernando Rey de Espana, Mission Hills. (H) Mission San Francisco de Asis, San Francisco. (I) Mission San Francisco Solano, Sonoma. (J) Mission San Gabriel Arcangel, San Gabriel. (K) Mission San Jose, Fremont. (L) Mission San Juan Bautista, San Juan Bautista. (M) Mission San Juan Capistrano, San Juan Capistrano. (N) Mission San Luis Obispo de Tolosa and its Asistencia (sub-mission) of Santa Margarita de Cortona, San Luis Obispo. (O) Mission San Luis Rey de Francia and its Asistencia (sub-mission), Oceanside. (P) Mission San Miguel Arcangel, San Miguel. (Q) Mission San Rafael Arcangel, San Rafael. (R) Mission Santa Barbara Virgen y Martir, Santa Barbara. (S) Mission Santa Clara de Asis, Santa Clara. (T) Mission Santa Cruz, Santa Cruz. (U) Mission Santa Ines Virgen y Martir, Solvang. (V) Asistencia San Antonio de Pala, Pala. (2) California missions foundation.--The term ``California Missions Foundation'' means the charitable corporation established in the State of California in 1998 to fund the restoration and repair of the California missions and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions. The Foundation is exempt from State franchise and income tax and is organized and operated exclusively for charitable purposes under section 501(c)(3) of the Internal Revenue Code of 1986. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Grants Authorized.--The Secretary of the Interior may make grants to the California Missions Foundation to support the efforts of the California Missions Foundation to restore and repair the California missions and to preserve the artworks and artifacts associated with the California missions. As provided in section 101(e)(4) of the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), the Secretary shall ensure that the purpose of a grant under this section is secular, does not promote religion, and seeks to protect those qualities that are historically significant. (c) Application.--In order to receive a grant under this section for the preservation of the California missions, the California Missions Foundation shall submit to the Secretary an application that includes-- (1) a status report on the condition of the infrastructure and artifacts for each of the California missions; and (2) a comprehensive program for restoration, repair, and preservation of such infrastructure and artifacts, including prioritized preservation efforts to be conducted over a 5-year period and the estimated costs of such preservation efforts. (d) Matching Fund Requirement.--The Secretary shall require the California Missions Foundation to match grant funds provided under this section. (e) Report.--As a condition of a grant under this section, the California Missions Foundation shall submit to the Secretary an annual report on the status of the preservation efforts undertaken using grant funds provided under this section. The Secretary shall submit a copy of each report to Congress. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary a total of $10,000,000 during the five- fiscal year period beginning October 1, 2003, to make grants under this section. Funds appropriated pursuant to the authorization of appropriations in this section shall be in addition to any funds made available for preservation efforts in the State of California under the National Historic Preservation Act. | California Missions Preservation Act - Authorizes the Secretary of the Interior to make matching grants to the California Missions Foundation to support its efforts to restore and repair the California missions, and to preserve associated artworks and artifacts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017''. SEC. 2. USE OF UNAPPROVED INVESTIGATIONAL DRUGS BY PATIENTS DIAGNOSED WITH A TERMINAL ILLNESS. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 561A (21 U.S.C. 360bbb-0) the following: ``SEC. 561B. INVESTIGATIONAL DRUGS FOR USE BY ELIGIBLE PATIENTS. ``(a) Definitions.--For purposes of this section-- ``(1) the term `eligible patient' means a patient-- ``(A) who has been diagnosed with a life-threatening disease or condition (as defined in section 312.81 of title 21, Code of Federal Regulations (or any successor regulations)); ``(B) who has exhausted approved treatment options and is unable to participate in a clinical trial involving the eligible investigational drug, as certified by a physician, who-- ``(i) is in good standing with the physician's licensing organization or board; and ``(ii) will not be compensated directly by the manufacturer for so certifying; and ``(C) who has provided to the treating physician written informed consent regarding the eligible investigational drug, or, as applicable, on whose behalf a legally authorized representative of the patient has provided such consent; ``(2) the term `eligible investigational drug' means an investigational drug (as such term is used in section 561)-- ``(A) for which a Phase 1 clinical trial has been completed; ``(B) that has not been approved or licensed for any use under section 505 of this Act or section 351 of the Public Health Service Act; ``(C)(i) for which an application has been filed under section 505(b) of this Act or section 351(a) of the Public Health Service Act; or ``(ii) that is under investigation in a clinical trial that-- ``(I) is intended to form the primary basis of a claim of effectiveness in support of approval or licensure under section 505 of this Act or section 351 of the Public Health Service Act; and ``(II) is the subject of an active investigational new drug application under section 505(i) of this Act or section 351(a)(3) of the Public Health Service Act, as applicable; and ``(D) the active development or production of which is ongoing and has not been discontinued by the manufacturer or placed on clinical hold under section 505(i); and ``(3) the term `phase 1 trial' means a phase 1 clinical investigation of a drug as described in section 312.21 of title 21, Code of Federal Regulations (or any successor regulations). ``(b) Exemptions.--Eligible investigational drugs provided to eligible patients in compliance with this section are exempt from sections 502(f), 503(b)(4), 505(a), and 505(i) of this Act, section 351(a) of the Public Health Service Act, and parts 50, 56, and 312 of title 21, Code of Federal Regulations (or any successor regulations), provided that the sponsor of such eligible investigational drug or any person who manufactures, distributes, prescribes, dispenses, introduces or delivers for introduction into interstate commerce, or provides to an eligible patient an eligible investigational drug pursuant to this section is in compliance with the applicable requirements set forth in sections 312.6, 312.7, and 312.8(d)(1) of title 21, Code of Federal Regulations (or any successor regulations) that apply to investigational drugs. ``(c) Use of Clinical Outcomes.-- ``(1) In general.--Notwithstanding any other provision of this Act, the Public Health Service Act, or any other provision of Federal law, the Secretary may not use a clinical outcome associated with the use of an eligible investigational drug pursuant to this section to delay or adversely affect the review or approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act unless-- ``(A) the Secretary makes a determination, in accordance with paragraph (2), that use of such clinical outcome is critical to determining the safety of the eligible investigational drug; or ``(B) the sponsor requests use of such outcomes. ``(2) Limitation.--If the Secretary makes a determination under paragraph (1)(A), the Secretary shall provide written notice of such determination to the sponsor, including a public health justification for such determination, and such notice shall be made part of the administrative record. Such determination shall not be delegated below the director of the agency center that is charged with the premarket review of the eligible investigational drug. ``(d) Reporting.-- ``(1) In general.--The manufacturer or sponsor of an eligible investigational drug shall submit to the Secretary an annual summary of any use of such drug under this section. The summary shall include the number of doses supplied, the number of patients treated, the uses for which the drug was made available, and any known serious adverse events. The Secretary shall specify by regulation the deadline of submission of such annual summary and may amend section 312.33 of title 21, Code of Federal Regulations (or any successor regulations) to require the submission of such annual summary in conjunction with the annual report for an applicable investigational new drug application for such drug. ``(2) Posting of information.--The Secretary shall post an annual summary report of the use of this section on the internet website of the Food and Drug Administration, including the number of drugs for which clinical outcomes associated with the use of an eligible investigational drug pursuant to this section was-- ``(A) used in accordance with subsection (c)(1)(A); ``(B) used in accordance with subsection (c)(1)(B); and ``(C) not used in the review of an application under section 505 of this Act or section 351 of the Public Health Service Act.''. (b) No Liability.-- (1) Alleged acts or omissions.--With respect to any alleged act or omission with respect to an eligible investigational drug provided to an eligible patient pursuant to section 561B of the Federal Food, Drug, and Cosmetic Act and in compliance with such section, no liability in a cause of action shall lie against-- (A) a sponsor or manufacturer; or (B) a prescriber, dispenser, or other individual entity (other than a sponsor or manufacturer), unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law. (2) Determination not to provide drug.--No liability shall lie against a sponsor manufacturer, prescriber, dispenser or other individual entity for its determination not to provide access to an eligible investigational drug under section 561B of the Federal Food, Drug, and Cosmetic Act. (3) Limitation.--Except as set forth in paragraphs (1) and (2), nothing in this section shall be construed to modify or otherwise affect the right of any person to bring a private action under any State or Federal product liability, tort, consumer protection, or warranty law. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that section 561B of the Federal Food, Drug, and Cosmetic Act, as added by section 2-- (1) does not establish a new entitlement or modify an existing entitlement, or otherwise establish a positive right to any party or individual; (2) does not establish any new mandates, directives, or additional regulations; (3) only expands the scope of individual liberty and agency among patients, in limited circumstances; (4) is consistent with, and will act as an alternative pathway alongside, existing expanded access policies of the Food and Drug Administration; (5) will not, and cannot, create a cure or effective therapy where none exists; (6) recognizes that the eligible terminally ill patient population often consists of those patients with the highest risk of mortality, and use of experimental treatments under the criteria and procedure described in such section 561A involves an informed assumption of risk; and (7) establishes national standards and rules by which investigational drugs may be provided to terminally ill patients. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 (Sec.2)This bill amends the Federal Food, Drug, and Cosmetic Act to exempt, from specified requirements and restrictions under that Act and other laws, the provision of certain unapproved, investigational drugs to a terminally ill patient who has exhausted approved treatment options and is unable to participate in a clinical trial involving the drugs. The manufacturer or sponsor of an eligible investigational drug must report annually to the Food and Drug Administration (FDA) on any use of the drug in accordance with these provisions. The FDA shall post an annual summary report of such use on its website. The bill limits the liability of a sponsor, manufacturer, prescriber, or dispenser that provides, or declines to provide, an eligible investigational drug to an eligible patient in accordance with the bill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Mental Health Accessibility Act of 2001''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330I. MENTAL HEALTH COMMUNITY EDUCATION PROGRAM. ``(a) Program Authorized.--The Director of the Office of Rural Health Policy (of the Health Resources and Services Administration) shall award grants to eligible entities to conduct mental health community education programs. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' includes a State entity, public or private school, mental health clinic, rural health clinic, local public health department, nonprofit private entity, federally qualified health center, Rural Area Health Education Center, Indian tribe and tribal organization, and any other entity deemed eligible by the Secretary. ``(2) Mental health community education program.--The term `mental health community education program' means a program regarding mental illness, mental retardation, suicide prevention and co-occurring mental illness and substance abuse disorder. ``(c) Preference.--In awarding grants under subsection (a), the Director shall give a preference to eligible entities that are or propose to be in a network, or work in collaboration, with other eligible entities to carry out the programs under this section, such as a rural public or nonprofit private entity that represents a network of local health care providers or other entities that provide or support delivery of health care services, and a State office of rural health or other appropriate State entity. ``(d) Duration.--The Director shall award grants under subsection (a) for a period of 3 years. ``(e) Amount.--Each grant awarded under this section shall not be greater than $200,000 each fiscal year. ``(f) Use of Funds.--An eligible entity that receives a grant under subsection (a) shall use funds received through such grant to administer a mental health community education program to rural populations that provides information to dispel myths regarding mental illness and to reduce any stigma associated with mental illness. ``(g) Application.--An eligible entity desiring a grant under subsection (a) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including-- ``(1) a description of the activities which the eligible entity intends to carry out using amounts provided under the grant; ``(2) a plan for continuing the project after Federal support is ended; ``(3) a description of the manner in which the educational activities funded under the grant will meet the mental health care needs of underserved rural populations within the State; and ``(4) a description of how the local community or region to be served by the network or proposed network, if the eligible entity is in such a network, will be involved in the development and ongoing operations of the network. ``(h) Evaluations; Report.--Each eligible entity that receives a grant under this section shall submit to the Director of the Office of Rural Health Policy (of the Health Resources and Services Administration) an evaluation describing the programs authorized under this section and any other information that the Director deems appropriate. After receiving such evaluations, the Director shall submit to the appropriate committees of Congress a report describing such evaluations. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2002, and such sums as may be necessary for fiscal years 2003 through 2006. ``SEC. 330J. INTERDISCIPLINARY GRANT PROGRAM. ``(a) Program Authorized.--The Director of the Office of Rural Health Policy (of the Health Resources and Services Administration) shall award grants to eligible entities to establish interdisciplinary training programs that include significant mental health training in rural areas for certain health care providers. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a public university or other educational institution that provides training for mental health care providers or primary health care providers. ``(2) Mental health care provider.--The term `mental health care provider' means-- ``(A) a physician with postgraduate training in a residency program of psychiatry; ``(B) a licensed psychologist (as defined by the Secretary for purposes of section 1861(ii) of such Act (42 U.S.C. 1395x(ii))); ``(C) a clinical social worker (as defined in section 1861(hh)(1) of such Act (42 U.S.C. 1395x(hh)(1)); or ``(D) a clinical nurse specialist (as defined in section 1861(aa)(5)(B) of such Act (42 U.S.C. 1395x(aa)(5)(B))). ``(3) Primary health care provider.--The term `primary health care provider' includes family practice, internal medicine, pediatrics, obstetrics and gynecology, geriatrics, and emergency medicine physicians as well as physician assistants and nurse practitioners. ``(4) Rural area.--The term `rural area' means a rural area as defined in section 1886(d)(2)(D) of the Social Security Act, or such an area in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)), or any other geographical area that the Director designates as a rural area. ``(c) Duration.--Grants awarded under subsection (a) shall be awarded for a period of 5 years. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (a) shall use funds received through such grant to administer an interdisciplinary, side-by-side training program for mental health care providers and primary health care providers, that includes providing, under appropriate supervision, health care services to patients in underserved, rural areas without regard to patients' ability to pay for such services. ``(e) Application.--An eligible entity desiring a grant under subsection (a) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including-- ``(1) a description of the activities which the eligible entity intends to carry out using amounts provided under the grant; ``(2) a description of the manner in which the activities funded under the grant will meet the mental health care needs of underserved rural populations within the State; and ``(3) a description of the network agreement with partnering facilities. ``(f) Evaluations; Report.--Each eligible entity that receives a grant under this section shall submit to the Director of the Office of Rural Health Policy (of the Health Resources and Services Administration) an evaluation describing the programs authorized under this section and any other information that the Director deems appropriate. After receiving such evaluations, the Director shall submit to the appropriate committees of Congress a report describing such evaluations. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006. ``SEC. 330K. STUDY OF MENTAL HEALTH SERVICES DELIVERED WITH TELEHEALTH TECHNOLOGIES. ``(a) In General.--The Director of the National Institute of Mental Health, in consultation with the Director of the Office of Rural Health Policy, shall carry out activities to research the efficacy and effectiveness of mental health services delivered remotely by a qualified mental health professional (psychiatrist or doctoral level psychologist) using telehealth technologies. ``(b) Mandatory Activities.--Research described in subsection (a) shall include-- ``(1) objective measurement of treatment outcomes for individuals with mental illness treated remotely using telehealth technologies as compared to individuals with mental illness treated face-to-face; ``(2) objective measurement of treatment compliance by individuals with mental illness treated remotely using telehealth technologies as compared to individuals with mental illness treated face-to-face; and ``(3) any other variables as determined by the Director. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ``SEC. 330L. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH. ``(a) Program Authorized.-- ``(1) In general.--The Secretary, acting through the Director of the Office for the Advancement of Telehealth of the Health Resources and Services Administration, shall award grants to eligible entities to establish demonstration projects for the provision of mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth and for the provision of education regarding mental illness as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth. ``(2) Number of demonstration projects.--Ten grants shall be awarded under paragraph (1) to provide services for the children and adolescents described in subsection (d)(1)(A) and not less than 6 of such grants shall be for services rendered to individuals in rural areas. Ten grants shall also be awarded under paragraph (1) to provide services for the elderly described in subsection (d)(1)(B) in rural areas. If the maximum number of grants to be awarded under paragraph (1) is not awarded, the Secretary shall award the remaining grants in a manner that is equitably distributed between the populations described in subparagraphs (A) and (B) of subsection (d)(1). ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a public or nonprofit private telehealth provider network which has as part of its services mental health services provided by qualified mental health providers. ``(2) Qualified mental health education professionals.--The term `qualified mental health education professionals' refers to teachers, community mental health professionals, nurses, and other entities as determined by the Secretary who have additional training in the delivery of information on mental illness to children and adolescents or who have additional training in the delivery of information on mental illness to the elderly. ``(3) Qualified mental health professionals.--The term `qualified mental health professionals' refers to providers of mental health services currently reimbursed under medicare who have additional training in the treatment of mental illness in children and adolescents or who have additional training in the treatment of mental illness in the elderly. ``(4) Special populations.--The term `special populations' refers to the following 2 distinct groups: ``(A) Children and adolescents located in primary and secondary public schools in mental health underserved rural areas or in mental health underserved urban areas. ``(B) Elderly individuals located in long-term care facilities in mental health underserved rural areas. ``(5) Telehealth.--The term `telehealth' means the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health, and health administration. ``(c) Amount.--Each entity that receives a grant under subsection (a) shall receive not less than $1,500,000 with no more than 40 percent of the total budget outlined for equipment. ``(d) Use of Funds.-- ``(1) In general.--An eligible entity that receives a grant under this section shall use such funds-- ``(A) for the populations described in subsection (b)(3)(A)-- ``(i) to provide mental health services, including diagnosis and treatment of mental illness, in primary and secondary public schools as delivered remotely by qualified mental health professionals using telehealth; ``(ii) to provide education regarding mental illness (including suicide and violence) in primary and secondary public schools as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth, including early recognition of the signs and symptoms of mental illness, and instruction on coping and dealing with stressful experiences of childhood and adolescence (such as violence, social isolation, and depression); and ``(iii) to collaborate with local public health entities and the eligible entity to provide the mental health services; and ``(B) for the populations described in subsection (b)(3)(B)-- ``(i) to provide mental health services, including diagnosis and treatment of mental illness, in long-term care facilities as delivered remotely by qualified mental health professionals using telehealth; ``(ii) to provide education regarding mental illness to primary staff (including physicians, nurses, and nursing aides) as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth, including early recognition of the signs and symptoms of mental illness, and instruction on coping and dealing with stressful experiences of old age (such as loss of physical and cognitive capabilities, death of loved ones and friends, social isolation, and depression); and ``(iii) to collaborate with local public health entities and the eligible entity to provide mental health services. ``(2) Other uses.--An eligible entity receiving a grant under this section may also use funds to-- ``(A) acquire telehealth equipment to use in primary and secondary public schools and long-term care facilities for the purposes of this section; ``(B) develop curriculum to support activities described in subsections (d)(1)(A)(ii) and (d)(1)(B)(ii); ``(C) pay telecommunications costs; and ``(D) pay qualified mental health professionals and qualified mental health education professionals on a reasonable cost basis as determined by the Secretary for services rendered. ``(3) Prohibited uses.--An eligible entity that receives a grant under this section shall not use funds received through such grant to-- ``(A) purchase or install transmission equipment (other than such equipment used by qualified mental health professionals to deliver mental health services using telehealth under the project); or ``(B) build upon or acquire real property (except for minor renovations related to the installation of reimbursable equipment). ``(e) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among geographical regions of the United States. ``(f) Application.--An entity 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 determines to be reasonable. ``(g) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall prepare and submit a report to the appropriate committees of Congress that shall evaluate activities funded with grants under this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $30,000,000 for fiscal year 2002 and such sums that are required to carry out this program for fiscal years 2003 through 2009. ``(i) Sunset Provision.--This section shall be effective for 7 years from the date of enactment of this section.''. | Rural Mental Health Accessibility Act of 2001 - Amends the Public Health Service Act to direct the Director of the Office of Rural Health Policy to: (1) award grants to eligible entities to conduct mental health community education programs; (2) award grants to eligible entities to establish interdisciplinary training programs that include significant mental health training in rural areas for certain health care providers.Directs the Director of the National Institute of Mental Health to carry out activities to research the efficacy and effectiveness of mental health services delivered remotely by a qualified mental health professional (psychiatrist or doctoral level psychologist) using telehealth technologies.Directs the Secretary of Health and Human Services to award grants to eligible entities to establish demonstration projects for the provision of mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth and for the provision of education regarding mental illness as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth.Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Desalination Act of 1994''. SEC. 2. DECLARATION OF POLICY. In view of the increasing shortage of usable surface and ground water in the United States and the world and the importance of finding new sources of supply to meet present and future water needs and to further the goals of the Colorado River Basin Salinity Control Act of 1974, the Water Resources Research Act of 1984, Public Law 95-84 (as amended), and Public Law 102-575, it is the policy of the United States to conduct and sponsor research to develop low-cost alternatives for the desalination and reuse of water or biologically impaired water and to provide for the development of practicable low-cost means of producing water of a quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses from saline or biologically impaired waters on a scale sufficient to determine the feasibility of the development of such water production and distribution on a large scale for the purpose of conserving and increasing water resources. SEC. 3. DEFINITIONS. As used in this Act: (1) Desalination or desalting.--The terms ``desalination'' or ``desalting'' mean the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes. (2) Saline water.--The term ``saline water'' means sea water, brackish water, and other mineralized or chemically impaired water. (3) United states.--The term ``United States'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (4) Usable water.--The term ``usable water'' means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. AUTHORIZATION OF RESEARCH AND STUDIES. (a) In General.--In order to determine the most cost-effective and technologically efficient means by which usable water can be produced from saline water or water otherwise impaired or contaminated, the Secretary is authorized to award grants and to enter into contracts, to the extent provided in advance in appropriation Acts, to conduct, encourage, and assist in the financing of research to develop processes for converting saline water or water otherwise impaired or contaminated into water suitable for beneficial uses. Awards of research grants and contracts under this section shall be made on the basis of a competitive, merit-reviewed process. Research and study topics authorized by this section include-- (1) investigating desalination processes; (2) ascertaining the optimum mix of investment and operating costs; (3) determining the best designs for different conditions of operation; (4) investigating methods of increasing the economic efficiency of desalination processes through dual-purpose co- facilities with other processes involving the use of water; (5) conducting or contracting for technical work, including the design, construction, and testing of pilot systems and test beds, to develop desalting processes and concepts; and (6) studying methods for the recovery of byproducts resulting from the desalination of water to offset the costs of treatment and to reduce environmental impacts from those byproducts. (b) Project Recommendations and Reports to the Congress.--As soon as practicable and within three years after the date of enactment of this Act, the Secretary shall recommend to Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of research and studies conducted under the authority of this section. Recommendations for projects shall be accompanied by reports on the engineering and economic feasibility of proposed projects and their environmental impacts. (c) Authority To Engage Others.--In carrying out research and studies authorized in this section, the Secretary may engage the necessary personnel, industrial or engineering firms, Federal laboratories, water resources research and technology institutes, other facilities, and educational institutions suitable to conduct investigations and studies authorized under this section. (d) Desalination Conference.--Within 12 months following the date of enactment of this Act, the Secretary, in coordination with the United States Agency for International Development, will plan and host a desalination conference, to include officials and desalination experts from academia, private industry, financial institutions, and government in the United States and other nations that use or conduct research on desalination. The conference shall explore promising technologies and methods for near-term development of affordable desalination and shall propose a research agenda and a plan of action to guide longer-term desalination development activities. SEC. 5. DESALINATION DEMONSTRATION AND DEVELOPMENT. (a) In General.--In order to further demonstrate the feasibility of desalination processes investigated either independently or in research conducted pursuant to section 4, the Secretary shall administer and conduct a demonstration and development program for water desalination and related activities, including the following: (1) Desalination plants and modules.--Conduct or contract for technical work, including the design, construction, and testing of plants and modules to develop desalination processes and concepts. (2) Byproducts.--Study methods for the marketing of byproducts resulting from the desalting of water to offset the costs of treatment and to reduce environmental impacts of those byproducts. (3) Economic surveys.--Conduct economic studies and surveys to determine present and prospective costs of producing water for beneficial purposes in various locations by desalination processes compared to other methods. (b) Cooperative Agreements.--Federal participation in desalination activities may be conducted through cooperative agreements, including cost-sharing agreements, with non-Federal public utilities and State and local governmental agencies and other entities, in order to develop recommendations for Federal participation in processes and plants utilizing desalting technologies for the production of water. SEC. 6. PARTICIPATION BY AGENCIES AND INTERESTED PERSONS. (a) Coordination With Other Agencies.--Activities undertaken by the Secretary pursuant to this Act may be coordinated or conducted jointly, as appropriate, with the National Science Foundation, Department of Defense, United States Army Corps of Engineers, National Aeronautics and Space Administration, and Environmental Protection Agency, and other Federal agencies, States, local government agencies, water resources research and technology institutes, and private entities. (b) Availability of Information.--All information from studies sponsored or funded under authority of this Act shall be considered public information. SEC. 7. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Secretary may-- (1) accept technical and administrative assistance from States and public or private agencies in connection with studies, surveys, location, construction, operation, and other work relating to the desalting of water, and (2) enter into contracts or agreements stating the purposes for which the assistance is contributed and providing for the sharing of costs between the Secretary and any such agency. SEC. 8. COST SHARING. The Federal share of the cost of a research, study, or demonstration project or a desalination development project or activity carried out under this Act shall not exceed 50 percent of the total cost of the project or research or study activity. The Secretary shall prescribe appropriate procedures to implement the provisions of this section. Costs of operation, maintenance, repair, and rehabilitation of facilities funded under the authority of this Act shall be non-Federal responsibilities. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Section 4.--There are authorized to be appropriated to carry out section 4 of this Act $5,000,000 for fiscal year 1995 and $10,000,000 per year for fiscal years 1996 through 1999. Of these amounts, up to $1,000,000 in each fiscal year may be awarded to institutions of higher education for research grants without any cost- sharing requirement. (b) Section 5.--There are authorized to be appropriated to carry out section 5 of this Act $50,000,000 for fiscal years 1996 through 1999. SEC. 10. DROUGHT RELIEF FOR MADERA-CHOWCHILLA POWER AUTHORITY HYDROELECTRIC PROJECTS. Section 103 of the Reclamation States Emergency Drought Relief Act of 1991 (106 Stat. 55; 43 U.S.C. 2213) is amended-- (1) by inserting in the first sentence after ``resulting from drought conditions.'' the following: ``The Secretary is further authorized to make a loan to the Madera-Chowchilla Power Authority to assist in the repayment of financial obligations associated with hydroelectric facilities that have been adversely affected by drought conditions.''; and (2) by striking ``loan.'' at the end of the second proviso and inserting ``loan, except that loans specifically for the Madera-Chowchilla Power Authority associated with hydroelectric facilities impacted by drought shall be under such terms and conditions as the Secretary deems appropriate.''. SEC. 11. AMENDMENT TO THE RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992. Title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) is amended by adding the following section: ``SEC. 1618. ORANGE COUNTY REGIONAL WATER RECLAMATION PROJECT. ``(a) The Secretary is authorized to participate with the Orange County Water District in the State of California, and other appropriate authorities, in the planning, design and construction of water reclamation projects to treat up to 100,000 acre feet per year of wastewater effluent from the county of Orange, in order to provide new water supplies for ground water replenishment, industrial applications and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into the ocean near Huntington Beach. ``(b) The Secretary's share of costs associated with the project described in section (a) shall not exceed 25 percent of the total. The Secretary shall not provide funds for operation or maintenance of the project. ``(c) There are authorized to be appropriated not more than $250,000 for the design of projects under this section.''. Passed the House of Representatives October 3, 1994. Attest: DONNALD K. ANDERSON, Clerk. | Water Desalination Act of 1994 - Authorizes the Secretary of the Interior to award grants and enter into contracts to conduct, encourage, and assist in the financing of research to develop processes for converting saline or contaminated water into water suitable for beneficial uses. Directs the Secretary to recommend desalination projects to the Congress and to conduct a demonstration and development program for water desalination and related activities. Directs the Secretary to plan and host a desalination conference for the United States and other nations that use or conduct desalination research. Limits Federal funding for projects to 50 percent of the total cost. Authorizes appropriations for FY 1996 through 1999. Amends the Reclamation States Emergency Drought Relief Act of 1991 to authorize the Secretary to make a loan to the Madera-Chowchilla Power Authority to assist in the repayment of financial obligations associated with hydroelectric facilities adversely affected by drought conditions. Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize the Secretary to participate with the Orange County, California, Water District in the planning, design, and construction of specified water reclamation projects. Limits to 25 percent the Secretary's share of project costs. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The academic intensity of a student's secondary school curriculum counts more than any other precollegiate factor in providing momentum toward eventual completion of a college degree. (2) By failing to provide challenging course work, some secondary schools do not present adequate opportunities for all students to learn. Some groups of students are excluded from such opportunities more than others. For example, students from the lowest socioeconomic status are much more likely than their wealthier peers to attend secondary schools that do not offer any mathematics beyond Algebra 2. (3) To close gaps in the preparation for college, and in the eventual attainment of a college degree, the provision of challenging curriculum for all students is necessary. (4) Colleges and community colleges have recently begun to provide challenging courses to secondary school students, and distance learning provides additional options if students have access to distance learning technology. (5) The cost of enrolling in a college-level course is a barrier to learning opportunities for those students most in need of such opportunities. Providing grants to capable students from low-income families will provide these students with increased access to the challenging coursework that leads to success in college or the workplace. SEC. 3. EDUCATION OPPORTUNITY GRANTS FOR ELIGIBLE LOW-INCOME SECONDARY SCHOOL STUDENTS. (a) Education Opportunity Grants for Eligible Low-Income Secondary School Students.--Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Education Opportunity Grants for Eligible Low-Income Secondary School Students ``SEC. 420L. EDUCATION OPPORTUNITY GRANTS. ``(a) Education Opportunity Grants Authorized.--The Secretary is authorized to award grants to eligible low-income secondary school students to enable the students to pay the cost of taking eligible courses while enrolled in secondary school. ``(b) Definitions.--In this section: ``(1) Eligible course.--The term `eligible course' means a course-- ``(A) that is offered by an institution of higher education eligible to participate in a program under this title; ``(B) for which the institution of higher education awards postsecondary academic credit that is transferrable; ``(C) that is held at the institution of higher education, held at a secondary school, or offered in whole or in part through telecommunications; and ``(D) that is not remedial in nature. ``(2) Eligible low-income secondary school student.--The term `eligible low-income secondary school student' means a student who-- ``(A) is enrolled in a secondary school; ``(B) has a family income that is less than 185 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; and ``(C) is a junior or senior in secondary school and is making satisfactory progress toward on-time graduation from secondary school. ``(c) Amount.-- ``(1) In general.--The Secretary shall award a grant under this section to an eligible low-income secondary school student in an amount equal to the cost of tuition for each eligible course the student takes while the student is enrolled in secondary school, except that the total amount of grant assistance awarded under this section to an eligible low-income secondary school student for any academic year shall not exceed $4,050. ``(2) Cost of tuition.--The cost of tuition for an eligible course shall be the lesser of-- ``(A) the cost of tuition and any necessary fees or supplies that the institution of higher education charges students of the secondary school that the eligible low-income secondary school student attends for the eligible course; or ``(B) $1,200. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect any policy or agreement, under which an institution of higher education offers discounted tuition, fees, or supply costs to secondary school students, that was in existence on the day before that date of enactment of the Education Opportunity Act. ``(e) Supplement Not Supplant.--Grant funds provided under this section shall supplement, not supplant, other non-Federal funds that are available to assist an eligible low-income secondary school student pay for an eligible course while the student is enrolled in secondary school. ``(f) Interaction With Federal Pell Grants.--An eligible low-income secondary school student's receipt of an award under this section shall not in any way affect the student's future eligibility for a Federal Pell Grant under section 401 or the amount of such Federal Pell Grant. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2007 and each of the 4 succeeding fiscal years.''. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) any funds appropriated to carry out the grant program under section 420L of the Higher Education Act of 1965 (as added by subsection (a)) should be in addition to the funds appropriated for Federal Pell Grants under section 401 of such Act; and (2) the funding of the grant program under section 420L of such Act should not in any way affect the amount that is appropriated for Federal Pell Grants. | Education Opportunity Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to low-income secondary school juniors and seniors for the cost of taking nonremedial courses offered by institutions of higher education which award such students transferable postsecondary credits for such courses. States the sense of the Senate that funding for this program should not affect funding for the Pell Grant program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Assistance Fund Act of 2015''. SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. ``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. ``(c) Expenditures.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through-- ``(A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and ``(B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans' Employment and Training Service, and the Department of Housing and Urban Development. ``(2) Additional allocations.--The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. ``(3) Advance notice.--The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and the Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2017 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Contributions to the Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Homeless Veterans Assistance Fund Act of 2015 Amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund; (2) allow individual taxpayers to designate on their tax returns a specified portion (not less than $1) of any overpayment of tax, and to make a contribution of an additional amount, to be paid over to such Fund to provide services to homeless veterans; and (3) require the Departments of Veterans Affairs, Labor, and Housing and Urban Development, each year beginning with the President's annual budget submission for FY2017, to include a description of the use of funds from the Fund in the previous fiscal year and the proposed use of such funds for the next fiscal year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Basin Conservation Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the Delaware River Basin is a national treasure of great cultural, environmental, and ecological importance; (2) the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams; (3) the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife; (4) the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is forest clearing in the Upper Basin, according to a study conducted by the Philadelphia Water Department; (5) almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, and red knots, which have been identified as unique species in need of habitat improvement; (6) the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is a prolific source of eastern oyster, blue crab, and the largest population of the American horseshoe crab; (7) as of the date of enactment of this Act, oyster landings in the Delaware Bay are at 100,000 bushels, down from the 500,000 bushels that were harvested in the 1980s, due, in part, to water pollution and disease; (8) the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as one of the four most important shorebird migration sites in the world; (9) the Basin, 50 percent of which is forested, also has 1,000,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water-quality benefits; (10) much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 14 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams; (11) the Delaware River is the longest undammed river east of the Mississippi, and a critical component of the National Wild and Scenic Rivers System in the Northeast; (12) management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors; (13) the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is the largest freshwater port in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons; (14) the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is one of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary; (15) the Delaware River Basin Commission is a Federal- interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest; and (16) restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels. SEC. 3. DEFINITIONS. In this Act: (1) Basin.--The term ``Basin'' means the 4-State Delaware Basin region, including all of Delaware Bay and portions of the States of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (2) Basin state.--The term ``Basin State'' means each of the States of Delaware, New Jersey, New York, and Pennsylvania. (3) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (4) Foundation.--The term ``Foundation'' means the National Fish and Wildlife Foundation, a congressionally chartered foundation established by section 2 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701). (5) Grant program.--The term ``grant program'' means the Delaware River Basin restoration grant program established under section 5. (6) Program.--The term ``program'' means the Delaware River Basin restoration program established under section 4. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director. (8) Service.--The term ``Service'' means the United States Fish and Wildlife Service. SEC. 4. PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after amounts are made available to carry out this Act, the Secretary shall establish a program to be known as the ``Delaware River Basin restoration program''. (b) Duties.--In carrying out the program, the Secretary shall-- (1) draw on existing and new management plans for the Basin and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt an investment strategy that-- (A) supports the implementation of a shared set of restoration and protection activities developed in accordance with paragraph (1); (B) targets cost-effective conservation projects; and (C) supports measurable conservation efforts; (3) establish the grant program in accordance with section 5; and (4) provide for technical assistance in accordance with this Act. (c) Coordination.--In establishing the program, the Secretary shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic Atmospheric Administration; (C) the Chief of the Natural Resource Conservation Service; (D) the Chief of Engineers of the United States Army Corps of Engineers; (E) the Director of the National Park Service; and (F) the head of any other applicable agency; (2) the Governors of the Basin States; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships; and (6) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; (2) carrying out coordinated restoration and protection activities throughout the Basin and Basin States-- (A) to sustain and enhance habitat restoration and protection activities; (B) to sustain and enhance water-quality improvements, including drinking water quality; (C) to sustain and enhance water management and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Basin; (E) to encourage environmentally sensitive land use planning and development; (F) to increase the capacity to implement coordinated restoration and protection activities in the Basin by conducting public outreach and education and promoting citizen involvement; and (G) to coordinate, conduct, and support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (3) providing competitive grants for technical assistance to carry out restoration and protection activities in the Basin, with priority given to activities with multiple benefits, including habitat, water quality, and flood protection. SEC. 5. GRANTS AND ASSISTANCE. (a) Delaware River Basin Restoration Program.--To the extent that funds are available to carry out this section, the Secretary shall establish a grant program to be known as the ``Delaware River Basin restoration grant program'' to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, community organizations, institutions of higher education, and other eligible entities to carry out activities described in section 4(d). (b) Criteria.--The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the following: (1) Restoration or protection of fish and wildlife species and the habitats of those species. (2) Improvement or protection of water quality by reducing nonpoint and point source pollutants. (3) Reduction or improvement of the management of water volume and flooding. (4) Inclusion of priority needs or actions identified in the single investment strategy adopted under section 4(b)(2). (5) Inclusion of restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage reduction. (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project funded under the grant program shall not exceed 75 percent of the total cost of the activity, as determined by the Secretary. (2) Non-federal share.--The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization with applicable expertise. (2) Funding.--If the Secretary enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements.--If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)). (e) Technical Assistance.--The Secretary may provide, or provide for, technical assistance to carry out this section, on a nonreimbursable basis, to-- (1) other Federal agencies; (2) State and local governments; (3) nonprofit organizations; (4) community organizations; (5) institutions of higher education; or (6) other entities, as the Secretary determines to be appropriate. SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The U.S. Fish and Wildlife Service shall use funds within its existing budgetary authority to carry out this Act. (b) Use.--Of any amount made available for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program and to provide, or provide for, technical assistance under section 5(e). | Delaware River Basin Conservation Act of 2011 - Requires the Director of the United States Fish and Wildlife Service to establish a Delaware River Basin restoration program, under which the Director shall: (1) draw on management plans for the four-state Delaware Basin region (defined as including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed) and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations to identify, prioritize, and implement restoration and protection activities within the Basin; and (2) adopt an investment strategy that supports the implementation of such activities, targets cost-effective conservation projects, and supports measurable conservation efforts. Requires the Director to: (1) provide technical assistance to carry out the restoration program; and (2) establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out the restoration program. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife species and their habitats; (2) improve or protect water quality by reducing nonpoint and point source pollutants; (3) reduce or improve management of water volume and flooding; (4) include priority needs or actions identified in the investment strategy; and/or (5) include restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage reduction. Limits the federal share of the total cost of a funded project to 75%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization with applicable expertise to manage the grant program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Enhancement Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of undocumented persons and illegal drugs into the United States. (2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States. (3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border. (4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties. (5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border. (6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes. (7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes. (8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region. SEC. 3. BORDER RELIEF GRANT PROGRAM. (a) In General.--From amounts made available under section 4, the Secretary of Homeland Security may make grants to-- (1) sheriffs' offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds.-- (1) In general.--Grant funds received under subsection (a) may be used for the following: (A) To conduct law enforcement operations in order to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer aliens detained or in the custody of the grant recipient who are not lawfully present in the United States to appropriate Federal law enforcement officials. (C) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws. (2) Payment of costs.--Use of funds under paragraph (1) shall include payment for costs of-- (A) hiring, equipping, training, and otherwise controlling the operations and deployment of, law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and (B) detaining, housing, and transporting aliens who are not lawfully present in the United States, and who are taken into custody by the grant recipient, until the aliens are transferred to appropriate Federal law enforcement officials. (3) Detention facilities.--In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities. (c) Application.-- (1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary of Homeland Security may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Homeland Security to carry out this Act $150,000,000 for fiscal year 2008 and each succeeding fiscal year. SEC. 5. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this Act shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority. SEC. 6. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out this Act. | Border Law Enforcement Enhancement Act - Authorizes the Secretary of Homeland Security to make grants to sheriff's offices and local and tribal police departments in jurisdictions within 25 miles of the U.S. southern border for: (1) law enforcement operations; (2) detention (including construction and operation of detention facilities) and transfer of illegal aliens to federal authorities; (3) enforcement of substance trafficking laws and other state and federal criminal laws; and (4) hiring, equipping, training, and overtime. States that nothing in this Act shall be construed to authorize state or local law enforcement agencies to exercise federal immigration law enforcement authority. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Engineering Biology Research and Development Act of 2015''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Cellular and molecular processes may be used, mimicked, or redesigned to develop new products, processes, and systems that improve societal well-being, strengthen national security, and contribute to the economy. (2) Engineering biology relies on scientists and engineers with a diverse and unique set of skills combining the biological, physical, and information sciences and engineering. (3) Long-term research and development is necessary to create breakthroughs in engineering biology. Such research and development requires government investment as the benefits are too distant or uncertain for industry to support alone. (4) The Federal Government can play an important role by facilitating the development of tools and technologies to further advance engineering biology, including multiple user facilities that the Federal Government is uniquely able to support. (5) Since other countries are investing significant resources in engineering biology, the United States is at risk of losing its competitive lead in this emerging area if it does not invest the necessary resources and have a national strategy. (6) A National Engineering Biology Initiative can serve to establish new research directions and technology goals, improve interagency coordination and planning processes, drive technology transfer, and help ensure optimal returns on the Federal investment. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Advisory Committee'' means the advisory committee designated under section 5; (2) the term ``biomanufacturing'' means the manufacturing of products using biological manufacturing technologies; (3) the term ``engineering biology'' means the science and engineering of cellular and molecular processes to advance fundamental understanding of complex natural systems and to develop new and advance existing products, processes, and systems that will contribute significantly to societal well- being, national security, and the economy; (4) the term ``Interagency Committee'' means the interagency committee designated under section 4(e); and (5) the term ``Program'' means the National Engineering Biology Research and Development Program established under section 4. SEC. 4. NATIONAL ENGINEERING BIOLOGY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The President shall implement a National Engineering Biology Research and Development Program to advance societal well-being, national security, and economic productivity and competitiveness through-- (1) advancing areas of research at the intersection of the biological, physical, and information sciences and engineering; (2) supporting social science research that advances the field of engineering biology and contributes to the adoption of new products, processes, and technologies; (3) expanding the number of researchers, educators, and students with engineering biology training; (4) accelerating the translation and commercialization of engineering biology research and development by the private sector; and (5) improving the interagency planning and coordination of Federal Government activities related to engineering biology. (b) Program Activities.--The activities of the Program shall include-- (1) sustained support for engineering biology research and development through-- (A) grants to individual investigators and interdisciplinary teams of investigators; (B) projects funded under joint solicitations by a collaboration of no fewer than two agencies participating in the Program; and (C) interdisciplinary research centers that are organized to investigate basic research questions and carry out technology development and demonstration activities; (2) education and training of undergraduate and graduate students in research at the intersection of biological, physical, and information sciences and engineering; (3) activities to develop robust mechanisms for tracking and quantifying the outputs and economic benefits of engineering biology; and (4) activities to accelerate the translation and commercialization of new products, processes, and technologies by-- (A) identifying precompetitive research opportunities; (B) facilitating public-private partnerships in engineering biology research and development; (C) connecting researchers, graduate students, and postdoctoral fellows with entrepreneurship education and training opportunities; and (D) supporting proof of concept activities and the formation of startup companies including through programs such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program. (c) Expanding Participation.--The Program shall include, to the maximum extent practicable, outreach to primarily undergraduate and minority-serving institutions about Program opportunities, and shall encourage the development of research collaborations between research- intensive universities and primarily undergraduate and minority-serving institutions. (d) Ethical, Legal, Environmental, and Societal Issues.--Program activities shall take into account ethical, legal, environmental, and other appropriate societal issues, including the need for safeguards and monitoring systems to protect society against the unintended release of engineered materials produced, by-- (1) supporting research, including in the social sciences, and other activities addressing ethical, legal, environmental, and other appropriate societal issues related to engineering biology, including integrating research on these topics with the research and development in engineering biology, and ensuring that the results of such research are widely disseminated, including through interdisciplinary engineering biology research centers described in subsection (b)(1); and (2) ensuring, through the agencies and departments that participate in the Program, that public input and outreach are integrated into the Program by the convening of regular and ongoing public discussions through mechanisms such as citizen panels, consensus conferences, and educational events, as appropriate. (e) Interagency Committee.--The President shall designate an interagency committee on engineering biology, which shall include representatives from the Office of Science and Technology Policy, the National Science Foundation, the Department of Energy, the National Aeronautics and Space Administration, the National Institute of Standards and Technology, the Environmental Protection Agency, and any other agency that the President considers appropriate. The Director of the Office of Science and Technology Policy shall select a chairperson from among the members of the Interagency Committee. The Interagency Committee shall oversee the planning, management, and coordination of the Program. The Interagency Committee shall-- (1) provide for interagency coordination of Federal engineering biology research, development, and other activities undertaken pursuant to the Program; (2) establish and periodically update goals and priorities for the Program; (3) develop, not later than 12 months after the date of enactment of this Act, and update every 5 years, a strategic plan to guide the activities of the Program and meet the goals and priorities established under paragraph (2) and describe-- (A) the Program's support for long-term funding for interdisciplinary engineering biology research and development; (B) the Program's support for education and public outreach activities; (C) the Program's support for research and other activities on ethical, legal, environmental, and other appropriate societal issues related to engineering biology; and (D) how the Program will move results out of the laboratory and into application for the benefit of society and United States competitiveness; (4) propose an annually coordinated interagency budget for the Program that will ensure the maintenance of a robust engineering biology research and development portfolio and ensure that the balance of funding across the Program is sufficient to meet the goals and priorities established for the Program; (5) develop a plan to utilize Federal programs, such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program, in support of the goal described in subsection (b)(4); and (6) in carrying out its responsibilities under this section, take into consideration the recommendations of the Advisory Committee, the results of the workshop convened under section 6, existing reports on related topics, and the views of academic, State, industry, and other appropriate groups. (f) Annual Report.--The Interagency Committee shall prepare an annual report, to be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after submission of the President's annual budget request, that includes-- (1) the Program budget for the fiscal year to which such budget request applies, and for the then current fiscal year, including a breakout of spending for each agency participating in the Program, and for the development and acquisition of any research facilities and instrumentation; and (2) an assessment of how Federal agencies are implementing the plan described in subsection (e)(5), and a description of the amount and number of Small Business Innovation Research and Small Business Technology Transfer awards made in support of the Program. SEC. 5. ADVISORY COMMITTEE. (a) In General.--The President shall designate an advisory committee on engineering biology research and development with at least 12 members, including representatives of research and academic institutions, industry, and nongovernmental entities, who are qualified to provide advice on the Program. (b) Assessment.--The Advisory Committee shall assess-- (1) progress made in implementing the Program; (2) the need to revise the Program; (3) the balance of activities and funding across the Program; (4) whether the Program priorities and goals developed by the Interagency Committee are helping to maintain United States leadership in engineering biology; (5) the management, coordination, implementation, and activities of the Program; and (6) whether ethical, legal, environmental, and other appropriate societal issues are adequately addressed by the Program. (c) Reports.--The Advisory Committee shall report within 3 years after the date of enactment of this Act, and thereafter not less frequently than once every 5 years, to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, on its findings of the assessment carried out under this section and its recommendations for ways to improve the Program. (d) Federal Advisory Committee Act Application.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. SEC. 6. EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVIRONMENTAL, AND SOCIETAL ISSUES. (a) In General.--Not later than 12 months after the date of enactment of this Act, the Director of the National Science Foundation shall enter into an agreement with the National Academies to convene a workshop to review the ethical, legal, environmental, and other appropriate societal issues related to engineering biology research and development. The goals of the workshop shall be to-- (1) assess the current research on such issues; (2) evaluate the research gaps relating to such issues; and (3) provide recommendations on how the Program can address the research needs identified. (b) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a summary report containing the findings of the workshop convened under this section. SEC. 7. AGENCY ACTIVITIES. (a) National Science Foundation.--As part of the Program, the National Science Foundation shall-- (1) support basic research at the intersection of the biological, physical, and information sciences and engineering through individual grants and through interdisciplinary research centers; (2) support research on the environmental and social effects of engineering biology; (3) provide research instrumentation support for engineering biology disciplines; and (4) award grants, on a competitive basis, to enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting. (b) Department of Commerce.--As part of the Program, the Director of the National Institute of Standards and Technology shall-- (1) establish a bioscience research program to advance the development of standard reference materials and measurements and to create new data tools, techniques, and processes necessary to advance engineering biology and biomanufacturing; (2) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; and (3) provide technical expertise to inform the development of guidelines and safeguards for new products, processes, and systems of engineering biology. (c) Department of Energy.--As part of the Program, the Secretary of Energy shall-- (1) conduct and support basic research, development, demonstration, and commercial application activities in engineering biology disciplines, including in the areas of synthetic biology, advanced biofuel development, biobased materials, and environmental remediation; and (2) provide access to user facilities with advanced or unique equipment, services, materials, and other resources, as appropriate, to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing. (d) National Aeronautics and Space Administration.--As part of the Program, the National Aeronautics and Space Administration shall-- (1) conduct and support basic and applied research in engineering biology fields, including in the field of synthetic biology, and related to Earth and space sciences, aeronautics, space technology, and space exploration and experimentation, consistent with the priorities established in the National Academies' decadal surveys; and (2) award grants, on a competitive basis, that enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting. (e) Environmental Protection Agency.--As part of the Program, the Environmental Protection Agency shall support research on how products, processes, and systems of engineering biology will affect the environment. | Engineering Biology Research and Development Act of 2015 Directs the President to implement a National Engineering Biology Research and Development Program to advance societal well-being, national security, and economic productivity and competitiveness through: advancing areas of research at the intersection of the biological, physical, and information sciences and engineering; supporting social science research that advances the field of engineering biology and contributes to the adoption of new products, processes, and technologies; expanding the number of researchers, educators, and students with engineering biology training; accelerating the translation and commercialization of engineering biology research and development by the private sector; and improving the interagency planning and coordination of federal government activities related to engineering biology. Directs the President to designate an interagency committee on engineering biology to oversee the planning, management, and coordination of the Program. Requires the President to designate an advisory committee on engineering biology research and development to assess the progress being made in implementing the Program. Directs the National Science Foundation to contract with the National Academies to convene a workshop to review the ethical, legal, environmental, and other appropriate societal issues related to engineering biology research and development. Requires the National Science Foundation, National Institute of Standards and Technology, the Department of Energy, National Aeronautics and Space Administration (NASA), and the Environmental Protection Agency to carry out specified research activities as part of the Program. |
SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``Federal Reserve Free Enterprise Act''. (b) Purposes.--The purposes of this Act are as follows: (1) To facilitate the development of private enterprise and jobs by promoting competition with the Board of Governors of the Federal Reserve System (hereafter in this section referred to as the ``Board'') in the provision of check-clearing and other services. (2) To further promote such competition by having the Board fairly and accurately price the services provided by the Board or any Federal reserve bank. (3) To save taxpayer funds by eliminating the subsidy the Board provides through the maintenance of a pricing system for check-clearing and other services which does not fully recover the cost of providing such services. (4) To end the practice of the Board of bundling together all the costs and revenue from all check-clearing and other services provided by the Board or any Federal reserve bank and require the Board to price each readily identifiable component of each such service in a way that ensures that the full amount of the costs incurred which are allocable to the provision of such component is fully recovered. (5) To stimulate innovation and provide a wider range of check-clearing and other services through market competition and the free flow of information. SEC. 2. COMPETITIVE PRICING OF SERVICES. (a) Clarification of Fee Schedule Requirements.-- (1) In general.--Section 11A(b) of the Federal Reserve Act (12 U.S.C. 248a(b)) is amended by striking paragraph (2) and all that follows through paragraph (8) and inserting the following new paragraphs: ``(2) check processing involving sorting and routing paper checks, and settlement services; ``(3) electronic funds transfer services; ``(4) automated clearinghouse services; ``(5) electronic cashletter services; ``(6) securities safekeeping services; ``(7) check image capture services; ``(8) check truncation services; ``(9) image archive warehousing services; ``(10) electronic check presentation services; ``(11) adjustment of incorrect debits or credits services; ``(12) return of `bad' checks services; ``(13) transportation of paper checks services in the clearing process; ``(14) presentation point services; ``(15) payor bank service or controlled disbursements services; ``(16) any other service which the Board offers, directly or through a Federal reserve bank; and ``(17) each readily identifiable component of any service described in a preceding paragraph.''. (2) Publication within 60 days.--Before the end of the 60- day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish a revision of the schedule of fees required under section 11A of the Federal Reserve Act which reflects the changes required in the schedule because of the amendment made by paragraph (1). (b) Pricing of Service Components.--Section 11A of the Federal Reserve Act (12 U.S.C. 248a) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively: and (2) by inserting after subsection (c) the following new subsection: ``(d) Pricing of Service Components.-- ``(1) Request for separate pricing of component.--If-- ``(A) any person seeks to compete with the Board or any Federal reserve bank in the provision of any component of any service referred to in subsection (b); and ``(B) the Board has not provided an explicit price for such component in the fee schedule maintained by the Board under this section, such person may submit a description of the service to be provided and a request for a statement of an explicit price for the provision of such component by the Board or bank. ``(2) Action on request.--Except as provided under paragraph (3), the Board shall-- ``(A) comply with any request submitted under paragraph (1); and ``(B) include the price in the schedule of fees maintained by the Board before the end of the 60-day period beginning on the date the Board receives such request. ``(3) Frivolous and meritless request.--The Board may decline any request under paragraph (1) which the Board determines, in accordance with regulations which the Board shall prescribe, is frivolous and without any merit whatsoever if the Board publishes a notice of the findings and conclusions of the Board with regard to such determination.''. (c) Documentation.--Section 714 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(e) Review of Pricing of Services Provided by the Federal Reserve System.-- ``(1) In general.--The Comptroller General shall conduct an annual audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks to determine whether the requirements of subsection (c)(3) of section 11A of the Federal Reserve Act are being met with respect to each component of any service referred to in subsection (b) of such section. ``(2) Documentation.--Notwithstanding any restriction in this section or any other provision of law relating to the scope of any audit of the Board of Governors of the Federal Reserve System or any Federal reserve bank by the Comptroller General-- ``(A) the Board and each Federal reserve bank shall maintain such documents and information as the Comptroller General determines may be useful for purposes of any audit under paragraph (1) for such reasonable period of time as the Comptroller General determines to be appropriate; and ``(B) the Comptroller General shall have full access to such documents for purposes of any audit under paragraph (1). ``(3) Report.--A report on each audit conducted under paragraph (1) shall be submitted annually to the Congress.''. | Federal Reserve Free Enterprise Act - Amends the Federal Reserve Act to specify new Federal Reserve bank services to be covered by a statutory fee schedule. Directs the Board of Governors of the Federal Reserve Bank (the Board) to publish the revised schedule. Requires the Board, upon a competitor's request, to publish the price of service components. Amends Federal law to instruct the Comptroller General to conduct an annual audit of the Board and the Federal reserve banks to determine compliance with fee establishment requirements. Mandates an annual audit report to the Congress. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``HazCom Simplification and Modernization Act of 2005''. SEC. 2. PURPOSE. It is the purpose of this Act to assist chemical manufacturers and importers in preparing material safety data sheets pursuant to the requirements of the Hazard Communication standard published at section 1910.1200 of title 29, Code of Federal Regulations, and the Hazard Communication standard published at part 47 of title 30, Code of Federal Regulations, and to improve the accuracy, consistency, and comprehensibility of such material safety data sheets and to establish a Commission for the purpose of studying and making recommendations regarding the implementation of the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals. SEC. 3. HAZARD COMMUNICATION. (a) In General.-- (1) Model material safety data sheets for highly hazardous chemicals.--The Secretary of Labor shall develop model material safety data sheets for the list of highly hazardous chemicals contained in Appendix A to the Process Safety Management of Highly Hazardous Chemicals standard published at section 1910.119 of title 29, Code of Federal Regulations. Such model material safety data sheets shall-- (A) comply with the requirements of the Hazard Communication standard published at section 1910.100 of such title 29 and the Hazard Communication standard published at part 47 of title 30, Code of Federal Regulations; (B) be presented in a consistent format that enhances the reliability and comprehensibility of information about chemical hazards in the workplace and protective measures; and (C) be made available to the public, including through posting on the Occupational Safety and Health Administration's website and the Mine Safety and Health Administration's website, within 18 months after the date of enactment of this Act. (2) Construction.--Nothing in this subsection shall be construed to-- (A) modify or amend the Hazard Communication standard published at section 1910.1200 of title 29, Code of Federal Regulations, the Process Safety Management of Highly Hazardous Chemicals standard published at section 1910.119 of such title 29, the Hazard Communication standard published at part 47 of title 30, Code of Federal Regulations, or any other provision of law; and (B) authorize the Secretary of Labor to include in the model material safety data sheet developed under this subsection any suggestion or recommendation as to permissible or appropriate workplace exposure levels for these chemicals, except as required by the Hazard Communication standard published at section 1910.1200 of such title 29, and the Hazard Communication standard published at part 47 of title 30, Code of Federal Regulations. (3) Authorization of appropriations.--There are authorized to be appropriated to the Department of Labor such sums as may be necessary to carry out this subsection. (b) Globally Harmonized System Commission.-- (1) Establishment.--Not later than 6 months after the date of enactment of this Act, there shall be established a commission, to be known as the Global Harmonization Commission (referred to in this subsection as the ``Commission''), to consider the implementation of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals to improve chemical hazard communication and to make recommendations to Congress. (2) Membership.--The Commission shall be composed of 17 members of whom-- (A) 1 shall be the Secretary of Labor (referred to in this Act as the ``Secretary''); (B) 1 shall be the Secretary of Transportation; (C) 1 shall be the Secretary of Health and Human Services; (D) 1 shall be the Administrator of the Environmental Protection Agency; (E) 1 shall be the Chairman of the Consumer Product Safety Commission; (F) 1 shall be the Chairman of the Chemical Safety and Hazard Investigation Board (or his or her designee); (F) 11 shall be appointed by the Secretary of Labor, of whom-- (i) 2 shall be representatives of manufacturers of hazardous chemicals, including a representative of small businesses; (ii) 2 shall be representatives of employers who are extensive users of hazardous chemicals supplied by others, including a representative of small businesses; (iii) 2 shall be representatives of labor organizations; (iv) 2 shall be individuals who are qualified in an occupational health or safety field by an organization whose program has been accredited by a nationally recognized private accreditation organization or by the Secretary, who have expertise in chemical hazard communications; (v) 1 shall be a representative of mining industry employers; (vi) 1 shall be a representative of mining industry employees; and (vii) 1 shall be a safety and health professional with expertise in mining. (3) Chair and vice-chair.--The members of the Commission shall select a chair and vice-chair from among its members. (4) Duties.-- (A) Study and recommendations.--The Commission shall conduct a thorough study of, and shall develop recommendations on, the following issues relating to the global harmonization of hazardous chemical communication: (i) Whether the United States should adopt any or all of the elements of the United Nation's Globally Harmonized System of Classification and Labeling of Chemicals (referred to in this subsection and the ``Globally Harmonized System''). (ii) How the Globally Harmonized System should be implemented by the Federal agencies with relevant jurisdiction, taking into consideration the role of the States acting under delegated authority. (iii) How the Globally Harmonized System compares to existing chemical hazard communication laws and regulations, including the Hazard Communication standard published at section 1910.1200 of title 29, Code of Federal Regulations and the Hazard Communication standard published at part 47 of title 30, Code of Federal Regulations. (iv) The impact of adopting the Globally Harmonized System on the consistency, effectiveness, comprehensiveness, timing, accuracy, and comprehensibility of chemical hazard communication in the United States. (v) The impact of adopting the Globally Harmonized System on occupational safety and health in the United States. (vi) The impact of adopting the Globally Harmonized System on tort, insurance, and workers compensation laws in the United States. (vii) The impact of adopting the Globally Harmonized System on the ability to bring new products to the market in the United States. (viii) The cost and benefits of adopting the Globally Harmonized System to businesses, including small businesses, in the United States. (ix) How effective compliance assistance, training, and outreach can be used to help chemical manufacturers, importers, and users, particularly small businesses, understand and comply with the Globally Harmonized System. (B) Report.--Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as the Commission considers appropriate. (5) Powers.-- (A) Hearings.--The Commission shall hold at least one public hearing, and may hold additional hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. The Commission shall, to the maximum extent possible, use existing data and research to carry out this section. (B) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request by the Commission, the head of such department or agency shall promptly furnish such information to the Commission. (C) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (6) Personnel matters.-- (A) Compensation; travel expenses.--Each member of the Commission shall serve without compensation but 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. (B) Staff and equipment.--The Department of the Labor shall provide all financial, administrative, and staffing requirements for the Commission including-- (i) office space; (ii) furnishings; and (iii) equipment. (7) Termination.--The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report required under paragraph (3)(B). (8) Authorization of appropriations.--There are authorized to be appropriated to the Department of Labor, such sums as may be necessary to carry out this subsection. (c) Hazard Communication Demonstration Projects.-- (1) In general.--Section 20(a) of the Act (29 U.S.C. 670(a)) is amended by adding at the end the following: ``(8) Subject to the availability of appropriations, the Secretary, after consultation with others, as appropriate, shall award grants to one or more qualified applicants in order to carry out a demonstration project to develop, implement, or evaluate strategies or programs to improve chemical hazard communication in the workplace through the use of technology, which may include electronic or Internet-based hazard communication systems.''. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the amendment made by paragraph (1). | HazCom Simplification and Modernization Act of 2005 - Directs the Secretary of Labor to develop model material safety data sheets for the list of highly hazardous chemicals contained in Appendix A to the Process Safety Management of Highly Hazardous Chemicals standard published in the Code of Federal Regulations. Sets forth requirements for these model material safety data sheets. Establishes a Global Harmonization Commission to: (1) consider the implementation of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals to improve chemical hazard communication; and (2) make recommendations to Congress. Amends requirements for training and employee education under the Occupational Safety and Health Act of 1970 to direct the Secretary to award demonstration project grants to develop, implement, or evaluate strategies or programs to improve chemical hazard communication in the workplace through the use of technology. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Building American Jobs Act of 2011''. (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; amendment of 1986 Code; table of contents. Sec. 2. Extension of Build America Bonds. Sec. 3. Extension and additional allocations of recovery zone bond authority. Sec. 4. Exempt-facility bonds for sewage and water supply facilities. Sec. 5. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds. Sec. 6. Allowance of new markets tax credit against alternative minimum tax. Sec. 7. Extension of tax-exempt eligibility for loans guaranteed by Federal home loan banks. Sec. 8. Extension of temporary small issuer rules for allocation of tax-exempt interest expense by financial institutions. Sec. 9. Election for refundable low-income housing credit for 2011. SEC. 2. EXTENSION OF BUILD AMERICA BONDS. (a) In General.--Subparagraph (B) of section 54AA(d)(1) is amended by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2012,'' after ``January 1, 2011,''. (b) Extension of Payments to Issuers.-- (1) In general.--Section 6431 is amended-- (A) by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2012,'' after ``January 1, 2011,'' in subsection (a), and (B) by striking ``before January 1, 2011'' in subsection (f)(1)(B) and inserting ``during a particular period''. (2) Conforming amendments.--Subsection (g) of section 54AA is amended-- (A) by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2012,'' after ``January 1, 2011,'', and (B) by striking ``Qualified Bonds Issued Before 2011'' in the heading and inserting ``Certain Qualified Bonds''. (c) Reduction in Percentage of Payments to Issuers.--Subsection (b) of section 6431 is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary'', (2) by striking ``35 percent'' and inserting ``the applicable percentage'', and (3) by adding at the end the following new paragraph: ``(2) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means the percentage determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- ``In the case of a qualified bond issued during calendar year: The applicable percentage is: ---------------------------------------------------------------------------------------------------------------- 2009 or 2010............................................... 35 percent 2011....................................................... 32 percent 2012....................................................... 31 percent.''. ---------------------------------------------------------------------------------------------------------------- (d) Current Refundings Permitted.--Subsection (g) of section 54AA is amended by adding at the end the following new paragraph: ``(3) Treatment of current refunding bonds.-- ``(A) In general.--For purposes of this subsection, the term `qualified bond' includes any bond (or series of bonds) issued to refund a qualified bond if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Applicable percentage.--In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. ``(C) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A).''. (e) Clarification Related to Levees and Flood Control Projects.-- Subparagraph (A) of section 54AA(g)(2) is amended by inserting ``(including capital expenditures for levees and other flood control projects)'' after ``capital expenditures''. SEC. 3. EXTENSION AND ADDITIONAL ALLOCATIONS OF RECOVERY ZONE BOND AUTHORITY. (a) Extension of Recovery Zone Bond Authority.--Section 1400U- 2(b)(1) and section 1400U-3(b)(1)(B) are each amended by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2011,'' after ``January 1, 2011,''. (b) Additional Allocations of Recovery Zone Bond Authority Based on Unemployment.--Section 1400U-1 is amended by adding at the end the following new subsection: ``(c) Allocation of 2011 Recovery Zone Bond Limitations Based on Unemployment.-- ``(1) In general.--The Secretary shall allocate the 2011 national recovery zone economic development bond limitation and the 2011 national recovery zone facility bond limitation among the States in the proportion that each such State's 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all of the States. ``(2) Minimum allocation.--The Secretary shall adjust the allocations under paragraph (1) for each State to the extent necessary to ensure that no State (prior to any reduction under paragraph (3)) receives less than 0.9 percent of the 2011 national recovery zone economic development bond limitation and 0.9 percent of the 2011 national recovery zone facility bond limitation. ``(3) Allocations by states.-- ``(A) In general.--Each State with respect to which an allocation is made under paragraph (1) shall reallocate such allocation among the counties and large municipalities (as defined in subsection (a)(3)(B)) in such State in the proportion that each such county's or municipality's 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all the counties and large municipalities (as so defined) in such State. ``(B) 2011 allocation reduced by amount of previous allocation.--Each State shall reduce (but not below zero)-- ``(i) the amount of the 2011 national recovery zone economic development bond limitation allocated to each county or large municipality (as so defined) in such State by the amount of the national recovery zone economic development bond limitation allocated to such county or large municipality under subsection (a)(3)(A) (determined without regard to any waiver thereof), and ``(ii) the amount of the 2011 national recovery zone facility bond limitation allocated to each county or large municipality (as so defined) in such State by the amount of the national recovery zone facility bond limitation allocated to such county or large municipality under subsection (a)(3)(A) (determined without regard to any waiver thereof). ``(C) Waiver of suballocations.--A county or municipality may waive any portion of an allocation made under this paragraph. A county or municipality shall be treated as having waived any portion of an allocation made under this paragraph which has not been allocated to a bond issued before May 1, 2011. Any allocation waived (or treated as waived) under this subparagraph may be used or reallocated by the State. ``(D) Special rule for a municipality in a county.--In the case of any large municipality any portion of which is in a county, such portion shall be treated as part of such municipality and not part of such county. ``(4) 2009 unemployment number.--For purposes of this subsection, the term `2009 unemployment number' means, with respect to any State, county or municipality, the number of individuals in such State, county, or municipality who were determined to be unemployed by the Bureau of Labor Statistics for December 2009. ``(5) 2011 national limitations.-- ``(A) Recovery zone economic development bonds.-- The 2011 national recovery zone economic development bond limitation is $10,000,000,000. Any allocation of such limitation under this subsection shall be treated for purposes of section 1400U-2 in the same manner as an allocation of national recovery zone economic development bond limitation. ``(B) Recovery zone facility bonds.--The 2011 national recovery zone facility bond limitation is $15,000,000,000. Any allocation of such limitation under this subsection shall be treated for purposes of section 1400U-3 in the same manner as an allocation of national recovery zone facility bond limitation.''. (c) Authority of State To Waive Certain 2009 Allocations.-- Subparagraph (A) of section 1400U-1(a)(3) is amended by adding at the end the following: ``A county or municipality shall be treated as having waived any portion of an allocation made under this subparagraph which has not been allocated to a bond issued before May 1, 2011. Any allocation waived (or treated as waived) under this subparagraph may be used or reallocated by the State.''. SEC. 4. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY FACILITIES. (a) Bonds for Water and Sewage Facilities Exempt From Volume Cap on Private Activity Bonds.-- (1) In general.--Paragraph (3) of section 146(g) is amended by inserting ``(4), (5),'' after ``(2),''. (2) Conforming amendment.--Paragraphs (2) and (3)(B) of section 146(k) are both amended by striking ``(4), (5), (6),'' and inserting ``(6)''. (b) Tax-Exempt Issuance by Indian Tribal Governments.-- (1) In general.--Subsection (c) of section 7871 is amended by adding at the end the following new paragraph: ``(4) Exception for bonds for water and sewage facilities.--Paragraph (2) shall not apply to an exempt facility bond 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of which are to be used to provide facilities described in paragraph (4) or (5) of section 142(a).''. (2) Conforming amendment.--Paragraph (2) of section 7871(c) is amended by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act. SEC. 5. EXTENSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX TREATMENT FOR CERTAIN TAX-EXEMPT BONDS. (a) In General.--Clause (vi) of section 57(a)(5)(C) is amended-- (1) by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2011,'' after ``January 1, 2011,'', and (2) by striking ``Exception for bonds issued in 2009 and 2010'' in the heading and inserting ``Temporary exception''. (b) Adjusted Current Earnings.--Clause (iv) of section 56(g)(4)(B) is amended-- (1) by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2011,'' after ``January 1, 2011,'', and (2) by striking ``Tax exempt interest on bonds issued in 2009 and 2010'' in the heading and inserting ``Temporary exclusion of tax exempt bond interest''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act. SEC. 6. ALLOWANCE OF NEW MARKETS TAX CREDIT AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Subparagraph (B) of section 38(c)(4) is amended by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and by inserting after clause (iv) the following new clause: ``(v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2012,''. (b) Effective Date.--The amendments made by this section shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after the date of the enactment of this Act. SEC. 7. EXTENSION OF TAX-EXEMPT ELIGIBILITY FOR LOANS GUARANTEED BY FEDERAL HOME LOAN BANKS. (a) In General.--Clause (iv) of section 149(b)(3)(A) is amended by inserting ``or during the period beginning on the date of the enactment of the Building American Jobs Act of 2011 and ending on December 31, 2011,'' after ``December 31, 2010''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued on or after the date of the enactment of this Act. SEC. 8. EXTENSION OF TEMPORARY SMALL ISSUER RULES FOR ALLOCATION OF TAX-EXEMPT INTEREST EXPENSE BY FINANCIAL INSTITUTIONS. (a) In General.--Clauses (i), (ii), and (iii) of section 265(b)(3)(G) are each amended by striking ``or 2010'' and inserting ``, 2010, or 2011''. (b) Conforming Amendment.--Subparagraph (G) of section 265(b)(3) is amended by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010. SEC. 9. ELECTION FOR REFUNDABLE LOW-INCOME HOUSING CREDIT FOR 2011. (a) In General.--Section 42 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Election for Refundable Credits.-- ``(1) In general.--The housing credit agency of each State shall be allowed a credit in an amount equal to such State's 2011 low-income housing refundable credit election amount which shall be payable by the Secretary as provided in paragraph (5). ``(2) 2011 low-income housing refundable credit election amount.--For purposes of this subsection, the term `2011 low- income housing refundable credit election amount' means, with respect to any State, such amount as the State may elect which does not exceed 85 percent of the product of-- ``(A) the sum of-- ``(i) 100 percent of the State housing credit ceiling for 2011 which is attributable to amounts described in clauses (i) and (iii) of subsection (h)(3)(C), and ``(ii) 40 percent of the State housing credit ceiling for 2011 which is attributable to amounts described in clauses (ii) and (iv) of such subsection, multiplied by ``(B) 10. ``(3) Coordination with non-refundable credit.--For purposes of this section, the amounts described in clauses (i) through (iv) of subsection (h)(3)(C) with respect to any State for 2011 shall each be reduced by so much of such amount as is taken into account in determining the amount of the credit allowed with respect to such State under paragraph (1). ``(4) Special rule for basis.--Basis of a qualified low- income building shall not be reduced by the amount of any payment made under this subsection. ``(5) Payment of credit; use to finance low-income buildings.--The Secretary shall pay to the housing credit agency of each State an amount equal to the credit allowed under paragraph (1). Rules similar to the rules of subsections (c) and (d) of section 1602 of the American Recovery and Reinvestment Tax Act of 2009 shall apply with respect to any payment made under this paragraph, except that such subsection (d) shall be applied by substituting `January 1, 2013' for `January 1, 2011'.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``42(n),'' after ``36A,''. | Building American Jobs Act of 2011 - Amends the Internal Revenue Code, with respect to the Build America Bond program, to: (1) extend until December 31, 2012, the authority to issue such bonds and the authority for payments to issuers of such bonds; (2) reduce the percentage rate of payments to issuers in 2011 and 2012; (3) allow refundings of currently issued bonds; and (4) allow the use of Build America bonds to fund capital expenditures for levees and flood control projects. Extends through 2011 the authority to issue recovery zone economic development bonds. Requires the Secretary of the Treasury to allocate 2011 national limitations on such bonds based upon state unemployment statistics. Exempts private activity bonds for sewage and water supply facilities from the state volume caps applicable to such bonds. Allows Indian tribal governments to issue tax-exempt private activity bonds to provide water or sewage facilities. Extends through 2011: (1) the exemption from alternative minimum tax (AMT) treatment of interest on certain tax-exempt bonds, (2) the tax exemption allowed for interest on bonds guaranteed by a federal home loan bank, and (3) small issuer rules for the allocation of tax-exempt interest expense by financial institutions. Allows a full offset against the AMT for new market tax credit amounts. Allows taxpayers to elect payments in lieu of low-income housing tax credits in 2011 for low-income buildings financed by tax-exempt bonds. |
SECTION 1. PURPOSES. The purposes of this Act are-- (1) to enhance the appeal of service in the law enforcement agencies of the United States Department of Justice; (2) to extend benefits of a higher education to qualified and deserving young persons who by virtue of the death of or total disability of an eligible officer are not otherwise able to afford the same; and (3) to allow such family members to attain the vocational and educational status which such individual might normally have aspired to and obtained had a parent not been killed or disabled in the service of the country. SEC. 2. BASIC ENTITLEMENT. (a) Benefits.--(1) Except as provided in subsection (b), an eligible dependent shall be entitled to educational assistance under this subpart for a period of one month for each month or fraction thereof of the eligible officer's service in a Federal law enforcement agency. (2) Such educational assistance shall consist of direct payments to-- (A) an educational institution or institution of higher learning for an eligible dependent's tuition, room, board, and other charges imposed by such institution; and (B) the eligible dependent for an educational assistance allowances to meet, in part, the cost of fees, supplies, books, equipment and other educational costs, which allowances shall be computed on the same basis set forth in title 38, subchapter IV of the United States Code. (b) Benefits for Dependents of Officers Killed.--For each eligible dependent of an eligible officer who is killed in the line of duty, criteria established in subsection (a) shall not apply. Such eligible dependents shall be eligible to receive the benefits provided by this subpart for the maximum period of eligibility set forth in subsection (e). (c) Maximum Benefits.--No eligible dependent shall receive educational assistance under this subpart for a period in excess of forty-five months. SEC. 3. TIME LIMITATIONS FOR COMPLETING A PROGRAM OF EDUCATION. No educational assistance shall be paid to or for an eligible dependent after-- (1) ten years after the date on which the eligible officer was killed or permanently and totally disabled; or (2) the eligible dependent's twenty-seventh birthday, whichever occurs later. SEC. 4. EDUCATIONAL AND VOCATIONAL COUNSELING. (a) Counseling Services.--The Attorney General shall make available to an eligible dependent upon such person's request, counseling services, including such educational and vocational counseling and guidance, testing, and other assistance as the Attorney General deems necessary to aid such person in selecting-- (1) an educational or training objective and an educational institution or training establishment appropriate for the attainment of such objective; or (2) an employment objective that would be likely to provide such eligible dependent with satisfactory employment opportunities in light of such person's personal circumstances. (b) Notification.--The Attorney General shall take appropriate steps (including individual notification where feasible) to acquaint all eligible persons with the availability and advantages of such counseling services. (c) Service Providers.--For purposes of this subpart, the Attorney General may provide by interagency agreement with Federal, or State agency to provide the services specified. SEC. 5. APPLICATIONS; APPROVAL. (a) Application.--Any eligible dependent who desires to initiate a program of education under this subpart shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Approval.--The Attorney General shall approve such application unless the Attorney General finds that-- (1) such dependent is not eligible or is not longer eligible for or entitled to the educational assistance for which application is made; (2) the eligible dependent selected educational institution or training establishment fails to meet any requirement of this subpart; (3) the eligible dependent's enrollment in, or pursuit of, the program of education selected would violate a provision of this subpart; or (4) the eligible dependent is already qualified by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered. (c) Acceptance.--The Attorney General shall notify an eligible dependent of approval or disapproval of such dependent's application. SEC. 6. STANDARDS. The Attorney General shall promulgate rules and regulations regarding unacceptable courses or programs of study for which funding will not be provided under this subpart. SEC. 7. DISCONTINUANCE FOR UNSATISFACTORY CONDUCT OR PROGRESS. (a) Discontinuation.--The Attorney General shall discontinue the direct payment to an educational institution or institution of higher education and educational assistance allowance of an eligible dependent if, at any time, the Attorney General finds that according to the regularly prescribed standards and practices of the educational institution, the dependent's conduct or progress is unsatisfactory. (b) Renewal.--The Attorney General may review the payment of the educational assistance allowance if the Attorney General finds that-- (1) the cause of the unsatisfactory conduct or progress of the eligible dependent has been removed; and (2) the program which the eligible dependent now proposes to pursue (whether the same or revised) is suitable to the eligible dependent's interests, and abilities. SEC. 8. SPECIAL RULE. Notwithstanding any other provisions of law and any other general or special law to the contrary, the Attorney General is authorized and directed to reimburse or pay each eligible dependent of an eligible officer who was killed in the performance of duties on or after July 1, 1992, but before the effective date of this statute, an amount equivalent to-- (1) the full cost of tuition, room and board, and other charges paid or for the eligible dependent to, and imposed on, an eligible dependent by an educational institution or institution of higher education; and (2) a retroactive educational assistance allowance for each month in which the eligible dependent attended an educational institution or institution of higher education, up to the date of the payment. Following this initial payment, further benefits will be paid to or for the benefit of such eligible dependents in accordance with this chapter. SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``Federal law enforcement agency'' means the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco and Firearms, the Drug Enforcement Administration, the United States Marshals Service, and any other federal agency directly engaged in the enforcement of the criminal laws of the United States, or the apprehension of individuals subject to criminal prosecution by the United States. (2) The term ``eligible officer'' means any agent, special agent, marshal, deputy, or assistant marshal or other similar field officer by whatever name or title such officer is known in a Federal law enforcement agency who has served at least one hundred and eighty days and who is either killed in the performance of duties or suffers injuries that are totally and permanently disabling while performing such duties. (3) The term ``eligible dependent'' means the child of any eligible officer who is a ``dependent'' (as defined in section 152 of the Internal Revenue Code) or spouse of an eligible officer at the time of such officer's death or on the date of total and disabling injury. (4) The term ``program of education'' shall mean any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a pre- determined and identified educational, professional, or vocational objective. Such term also means any curriculum of unit course or subjects pursued at an educational institution which fulfill requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued as generally recognized as being reasonably related to a single career field. To pursue any other course of study, an eligible dependent shall apply to the AG for approval. (5) The term ``educational institution'' means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institutions, or other accredited institutions furnishing education for adults. (6) The term ``institution of higher learning'' means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State educational authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the post-secondary level without regard to whether the hospital grants a postsecondary degree. Such term shall also include an educational institution which is not located in a State, which offers a course leading to a standard college degree, or the equivalent, and which is recognized as such by the Secretary of Education (or comparable official) of the country or other jurisdiction in which the institution is located. (7) The term ``standard college degree'' means an associate or higher degree awarded by-- (A) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; (B) an institution of higher learning that is a ``candidate'' for accreditation as that term is used by the regional or national accrediting agencies; or (C) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Secretary of Education under the provisions of section 1775 of this title 38. | Provides for educational assistance for eligible dependents of Federal law enforcement officers who are killed or disabled in the performance of their duties. Entitles such dependents to such assistance for: (1) one month for each month (or fraction) of the disabled officer's service, up to a maximum of 45 months; and (2) the maximum 45 months, if the officer has been killed. Limits the period for using such assistance to before the later of: (1) ten years after the officer was killed or permanently and totally disabled; or (2) the dependent's 27th birthday. Directs the Attorney General to make certain counseling services available, upon the dependent's request, and to publicize the availability of such services. Provides for such assistance program applications and their approval, standards, discontinuance for unsatisfactory progress or conduct, and a special rule for retroactive assistance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Veterans Affairs by law provides benefits not only to veterans of service in the Armed Forces but also to eligible surviving spouses and dependents of deceased veterans. (2) There are over 600,000 surviving spouses and dependents receiving dependency and indemnity compensation (DIC) or death pensions from the Department of Veterans Affairs. (3) Presently, the Department of Veterans Affairs does not target this population with specific outreach efforts, nor does it provide program outreach coordinators designated at each regional office of the Department to assist this population and other survivors who may be eligible for benefits from the Department. (4) Approximately 1,600 veterans die daily, many survived by widows and dependents who may not be fully informed as to their eligibility for benefits under laws administered by the Secretary of Veterans Affairs. (5) There is no formal program for coordination of benefits for surviving spouses and dependents at any level within the Department of Veterans Affairs. (6) Due to insufficient outreach efforts, informational updates targeted specifically to surviving spouses and dependents are not provided. Outreach efforts to provide information concerning changes in service-connection for disabilities presumed associated with exposure to herbicides and ionizing radiation and former prisoners of war have been insufficient to inform survivors of benefits to which they may now be entitled. SEC. 3. NATIONAL GOAL TO FULLY INFORM AND ASSIST SURVIVING SPOUSES AND DEPENDENTS REGARDING ELIGIBILITY FOR BENEFITS AND HEALTH CARE SERVICES. (a) National Goal.--Congress hereby declares it to be a national goal to fully inform surviving spouses and dependents regarding their eligibility for benefits and health care services under laws administered by the Secretary of Veterans Affairs. (b) Cooperative Efforts Encouraged.--Congress hereby encourages all elements within the Department of Veterans Affairs and private and public sector entities (including veterans service organizations and veterans widows organizations) to work cooperatively to fully inform the surviving spouses and dependents of veterans regarding their eligibility for benefits and health care services under laws administered by the Secretary of Veterans Affairs. SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH REGIONAL OFFICE. (a) Findings.--Congress and the Department of Veterans Affairs have historically targeted certain specific populations for outreach efforts concerning benefits under laws administered by the Secretary of Veterans Affairs. Groups currently targeted for such outreach efforts and for which program outreach coordinators have been designated at each regional office of the Department of Veterans Affairs are the following: (1) Former prisoners of war. (2) Women veterans. (3) Minority veterans. (4) Active duty personnel. (5) Homeless veterans. (6) Elderly veterans. (7) Recently separated veterans. (b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b) of title 38, United States Code, is amended to read as follows: ``(2) the term `eligible dependent' means a spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service.''. (c) Improved Outreach Program.--(1) Subchapter II of chapter 77 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7727. Outreach for eligible dependents ``(a) In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed. ``(b)(1) In order to carry out subsection (a), the Secretary shall assign such employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for eligible dependents. In areas where the number of eligible dependents warrant doing so, the Secretary shall assign at least one employee in the Veterans Benefits Administration regional office to serve as a full-time coordinator of outreach programs and services for eligible dependents in that region. ``(2) Responsibilities of employees assigned to outreach functions under paragraph (1) shall include providing eligible dependents with (A) information about benefits under laws administered by the Secretary, (B) assistance in claims preparation and inquiry resolution, and (C) in the case of a dependent of a deceased veteran for whom necessary records are incomplete, assistance in obtaining such records and other necessary information concerning the veteran. ``(c) Whenever an eligible dependent first applies for any benefit under laws administered by the Secretary, the Secretary shall provide to the dependent information concerning eligibility for benefits and health care services under programs administered by the Secretary. For purposes of this paragraph, a request for burial or related benefits, including an application for life insurance proceeds, shall be treated by the Secretary as an initial application for benefits. ``(d)(1) Information provided an eligible dependent under this section shall include information on how to apply for benefits for which the dependent may be eligible, including information about assistance available under subsection (b) and section 7722(d) of this title. ``(2) In the case of eligible dependents who are members of distinct beneficiary populations (such as survivors of deceased veterans), the Secretary shall ensure that information provided under this section includes specific information about benefits relating to that population. ``(e) For any geographic area in which there is a significant population of eligible dependents whose primary language is a language other than English, the Secretary shall make information provided under this subsection available to those dependents in the dominant language in that area (in addition to English). ``(f) Outreach services and assistance shall be provided for eligible dependents through the same means that are used for other specially targeted groups. ``(g) The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, correspondence of the Department, announcements in veterans publications, announcements to the media, telephone directories, direct correspondence to congressional offices, military bases public affairs offices, military retiree affairs offices, and United States embassies. ``(h) The Secretary shall support the Department's periodic evaluation under section 527 of this title concerning the Department's efforts to address the needs of eligible dependents. ``(i) The Secretary shall submit to Congress an annual report on the programs of the Department addressing the information and assistance needs of eligible dependents. The Secretary shall include in each such report the following: ``(1) Information about expenditures, costs, and workload under the program of the Department directed towards the information and assistance needs of eligible dependents. ``(2) Information about outreach efforts directed toward eligible dependents. ``(3) Information about emerging needs within the program that relate to other provisions of law, including section 7725 of this title with respect to language needs of eligible dependents. ``(4) Information as to the timeline for implementation of improvements to meet existing and emerging needs of eligible dependents in addition to those specified in this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7726 the following new item: ``7727. Outreach for eligible dependents.''. | Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act - Encourages all elements within the Department of Veterans Affairs and public and private sector entities (including veterans service and veterans widows organizations) to work cooperatively to fully inform veterans' surviving spouses and dependents regarding their eligibility for veterans' benefits and health care services.Requires the Secretary of Veterans Affairs to assign appropriate Department employees to conduct outreach programs and provide outreach services for eligible spouses and dependents. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sugar-Sweetened Beverages Tax Act of 2014'' or as the ``SWEET Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that: (1) The prevalence of obesity in the United States has increased dramatically over the past 30 years. From the 1960s to the late 1970s, the prevalence was relatively constant, with about 15 percent of the population classified as obese. After the 1970s, these rates began to climb. According to the Centers for Disease Control and Prevention, by 2012 more than one-third (34.9 percent) of adults and 17 percent of youth in the United States were obese. Although no group has escaped the epidemic, low income people and communities of color are disproportionately affected. In 2012, nearly half (47.8 percent) of African-American adults were obese and 42.5 percent of Hispanic adults were obese. (2) The percentage of children who are overweight has also increased dramatically in recent decades. After being relatively constant from the 1960s to the 1970s, the prevalence of overweight children has more than tripled among children between 6 and 11 years of age and nearly quadrupled among those between 12 and 19 years of age. Despite significant public and private investment, childhood obesity rates remain high. Overall, obesity among our Nation's young people, aged 2-19 years, has not changed significantly since 2004 and remains at about 17 percent--equaling 12.5 million children and adolescents. (3) There are significant racial and age disparities in obesity prevalence among children and adolescents. In 2011- 2012, obesity prevalence was higher among Hispanics (22.4 percent) and non-Hispanic black youth (20.2 percent) than non- Hispanic white youth (14.1 percent). The prevalence of obesity was lower in non-Hispanic Asian youth (8.6 percent) than in youth who were non-Hispanic white, non-Hispanic black, or Hispanic. (4) Overweight and obesity are responsible for an estimated $190 billion in health care costs nationally, or approximately 5 to 10 percent of all medical spending--with over 20 percent of these costs paid publicly through the Medicare and Medicaid programs. The medical costs for people who are obese are dramatically higher ($2,741 per year) than those of normal weight. (5) The obesity epidemic is of particular concern because obesity increases the risk of diabetes, heart disease, certain types of cancer, arthritis, asthma, and breathing problems. Depending on their level of obesity, from 60 percent to over 80 percent of obese adults have type 2 diabetes, high blood cholesterol, high blood pressure, or other related conditions. According to the CDC, nearly 60 percent of overweight children have at least one risk factor for heart disease. (6) Overweight and obesity increase the risk for several types of common cancers, including postmenopausal breast, colorectal, endometrial, kidney, pancreatic, esophageal, and gall bladder cancer. Up to one in four of all cancer cases and one in three cancer deaths are due to poor nutrition, physical inactivity, and overweight and obesity. (7) There is overwhelming evidence of the link between the consumption of sugar-sweetened beverages, such as non-diet soft drinks, energy drinks, sweet teas, and sports drinks, and obesity and diabetes. Adults who drink one sugar-sweetened beverage or more per day are 27 percent more likely to be overweight or obese, regardless of income or ethnicity. After six months, daily consumption of one liter of sugar-sweetened beverages increases fat deposits in the liver by 150 percent, which directly contributes to both diabetes and heart disease. (8) According to nutrition experts, sugar-sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sport drinks, offer little or no nutritional value, but massive quantities of added sugars. A 20-ounce bottle of soda contains about 16 teaspoons of sugars. Yet, the American Heart Association recommends that Americans consume no more than six to nine teaspoons of sugar per day. (9) The 2010 Dietary Guidelines stated that almost one-half of the added sugars Americans consume come from sugar-sweetened beverages, with the average American drinking nearly 45 gallons of sugar-sweetened beverages a year, the equivalent of 39 pounds of extra sugar every year. (10) Though sugar-sweetened beverage consumption is declining modestly as people learn about their harmful health effects, Americans are still consuming twice as much of these products as they did in the 1970s. Five percent of Americans consume at least 567 kcal from sugar drinks on any given day-- equal to more than four 12-ounce cans of soft drink. According to the National Center for Health Statistics, one-third of calories from added sugars (33 percent) consumed in the United States were from beverages. In children and adolescents, 40 percent of the calories from added sugars came from beverages. Children and adolescents consume 10 to 15 percent of their total daily caloric intake from sugar-sweetened beverages. (11) In a study of more than 50,000 female nurses, women who increased their sugar-sweetened beverage consumption from no more than one per week to at least one per day gained an average of 10 pounds over four years. Research also shows a significant link between sugar-sweetened beverage consumption and weight gain in children. In a randomized double-blind controlled trial of roughly 640 children, those who were given one 8-ounce serving sugar-sweetened beverage a day gained more weight and body fat over 1\1/2\ years than those who got one 8- ounce serving of a sugar-free beverage. (12) Sugar-sweetened beverages are a unique contributor to excess caloric consumption. A large body of research shows that calories from sugar-sweetened beverages do not satisfy hunger the way calories from solid food or fat or protein-containing beverages such as those containing milk and plant-based proteins. As a result, sugar-sweetened beverages tend to add to the calories people consume rather than replace calories from other foods and beverages. (13) Overweight children have a much greater chance of being obese as adults, with all the health risks that entails. (14) Type 2 diabetes, previously only seen among adults, is now increasing among children. Data show that almost a quarter of teens now have either diabetes or prediabetes. If the current trends are not reversed, it is predicted that one in three children and nearly one-half of Latino and African- American children born in the year 2000 will develop type 2 diabetes in their lifetime. (15) People who consume an average amount of added sugar equivalent to one 20-ounce soda per day are 30 percent more likely to die from a heart attack over 15 years. People who consume the added sugar equivalent of at least 2-3 20-ounce sodas per day are 2.75 times more likely to die from a heart attack. (16) Tooth decay (dental caries) is the single most common chronic childhood disease, experienced by more than one-fourth of United States children aged 2-5 years and half of those aged 12-15 years. About half of all children and two-thirds of adolescents aged 12-19 years from lower-income families have had decay. According to the American Academy of Pediatric Dentistry, children who frequently or excessively consume beverages high in sugar are at increased risk for dental caries. Untreated dental caries can lead to pain, infection, tooth loss, and in severe cases, even death. It can slow normal growth and development by restricting nutritional intake. Children who are missing teeth may have chewing problems that limit their food choices and result in nutritionally inadequate diets. (b) Purposes.--It is the intent of the Congress, by adopting the Sugar-Sweetened Beverages Tax Act (also known as the SWEET Act), to diminish the human and economic costs of diabetes, obesity, dental caries, and other diet-related health conditions. This Act is intended to discourage excessive consumption of sugar-sweetened beverages by increasing the price of these products and by creating a dedicated revenue source for programs and research designed to reduce the human and economic costs of diabetes, obesity, dental caries, and other diet- related health conditions in priority populations. SEC. 3. EXCISE TAX ON CERTAIN SUGAR-SWEETENED BEVERAGES. (a) In General.--Subchapter D of chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after part I the following new part: ``PART II--SUGAR-SWEETENED BEVERAGES ``Sec. 4171. Imposition of tax. ``Sec. 4172. Definitions. ``Sec. 4173. Special rules. ``SEC. 4171. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax on the sale or transfer of any specified sugar-sweetened beverage product by the manufacturer, producer, or importer thereof. ``(b) Rate of Tax.--The rate of tax imposed under subsection (a) shall be equal to one cent per 4.2 grams of caloric sweetener contained in such specified sugar-sweetened beverage product. ``(c) Persons Liable for Tax.--The manufacturer, producer, or importer referred to in subsection (a) shall be liable for the tax imposed by such subsection. ``SEC. 4172. DEFINITIONS. ``(a) Specified Sugar-Sweetened Beverage Product.--For purposes of this part-- ``(1) In general.--For purposes of this part, the term `specified sugar-sweetened beverage product' means-- ``(A) any liquid intended for human consumption which contains a caloric sweetener, and ``(B) any liquid, or solid mixture of ingredients, which-- ``(i) contains a caloric sweetener, and ``(ii) is intended for use as an ingredient in a liquid described in subparagraph (A). ``(2) Exceptions.--The following shall not be treated as liquids described in paragraph (1)(A): ``(A) Any liquid the primary ingredients of which are milk or soy, rice, or similar plant-based milk substitute. ``(B) Any liquid composed entirely of one or more of the following: ``(i) The original liquid resulting from the pressing of fruit or vegetables. ``(ii) The liquid resulting from the reconstitution of fruit or vegetable juice concentrate. ``(iii) The liquid resulting from the restoration of water to dehydrated fruit or vegetable juice. ``(C) Infant formula. ``(D) Any liquid products manufactured for use as-- ``(i) an oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages, ``(ii) a source of necessary nutrition used due to a medical condition, or ``(iii) an oral electrolyte solution for infants and children formulated to prevent dehydration due to illness. ``(E) Any liquid with respect to which tax is imposed under chapter 51 (relating to distilled spirits, wines, and beer) or under section 7652 by reason of the tax imposed under chapter 51 being imposed on like articles of domestic manufacture. ``(b) Caloric Sweetener.--For purposes of this part, the term `caloric sweetener' means monosaccharides, disaccharides, and high- fructose corn syrup. ``SEC. 4173. SPECIAL RULES. ``(a) Sweetener Taxed Only Once.--In the case of any specified sugar-sweetened beverage product which is manufactured or produced by including one or more other specified sugar-sweetened beverage products, no tax shall be imposed under this section on any caloric sweetener contained in the resulting specified sugar-sweetened beverage product if tax was previously imposed under this section on such caloric sweetener when contained in the specified sugar-sweetened beverage product so included. ``(b) Inflation Adjustment.--In the case of any sale after December 31, 2015, the one cent amount in section 4171(b) shall be increased by an amount equal to-- ``(1) such amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such sale occurs, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under this subsection shall be rounded to the nearest multiple of one-tenth of a cent.''. (b) Conforming Amendments.-- (1) Section 4221(a) is amended by adding at the end the following: ``Paragraphs (1), (4), (5), and (6) shall not apply to the tax imposed under section 4171.''. (2) The table of parts for subchapter D of chapter 32 of such Code is amended by inserting after the item relating to part I the following new item: ``Part II--Sugar-Sweetened Beverages''. (c) Revenues Used for Prevention, Treatment, and Research of Diet- Related Health Conditions in Priority Populations.-- (1) Transfer to prevention and public health fund.--There are hereby appropriated to the Prevention and Public Health Fund created under section 4002 of the Patient Protection and Affordable Care Act (in addition to any other amounts appropriated to such Fund) amounts equivalent to taxes received in the Treasury under part II of subchapter D of chapter 32. Rules similar to the rules of section 9601 of the Internal Revenue Code of 1986 shall apply with respect to amounts appropriated under this paragraph. (2) Restriction on use of funds.--Notwithstanding subsections (c) and (d) of section 4002 of the Patient Protection and Affordable Care Act, amounts appropriated to the Prevention and Public Health Fund under paragraph (1) may be transferred to accounts in the Department of Health and Human Services only for the purpose of making expenditures for programs and research designed to reduce the human and economic costs of diabetes, obesity, dental caries, and other diet- related health conditions in priority populations (within the meaning of section 901(c) of the Public Health Service Act). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Excise tax.--The amendments made by subsections (a) and (b) shall apply to sales after the date of the enactment of this Act. | Sugar-Sweetened Beverages Tax Act of 2014 or the SWEET Act - Amends the Internal Revenue Code to impose an excise tax on the sale or transfer of any specified sugar-sweetened beverage product by the manufacturer, producer, or importer thereof. Establishes the rate of such tax as 1cent per 4.2 grams of caloric sweetener contained in such product. Transfers revenues from such tax to the Prevention and Public Health Fund for the sole purpose of funding programs and research to reduce the human and economic costs of diabetes, obesity, dental caries, and other diet-related health conditions in priority populations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Energy Infrastructure Security Program Establishment Act''. SEC. 2. NATIONAL ENERGY INFRASTRUCTURE SECURITY PROGRAM. (a) Definitions.--In this section: (1) Approved state plan.--The term ``approved State plan'' means a State plan approved by the Assistant under subsection (c)(3). (2) Assistant.--The term ``Assistant'' means the Assistant to the President for Homeland Security. (3) Coastal zone.--The term ``coastal zone'' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (4) Coastline.--The term ``coastline'' has the meaning given the term ``coast line'' in section 2 of the Submerged Lands Act (43 U.S.C. 1301). (5) Critical energy infrastructure facility.--The term ``critical energy infrastructure facility'' means-- (A) an electric generating facility; (B) a hydroelectric facility; (C) an electric transmission facility; (D) a petroleum or natural gas pipeline; (E) an energy production facility; (F) a refinery or chemical processing plant; (G) a transportation or distribution facility; (H) a port, rig, or platform; (I) any other energy infrastructure facility as determined by the Assistant; and (J) a related facility that carries out a public service or infrastructure activity critical to the operation of an energy infrastructure facility described in any of subparagraphs (A) through (I), as determined by the Assistant. (6) Distance.--The term ``distance'' means the minimum great circle distance, measured in statute miles. (7) Fund.--The term ``Fund'' means the National Energy Infrastructure Security Trust Fund established by subsection (d). (8) Leased tract.-- (A) In general.--The term ``leased tract'' means a tract that-- (i) is subject to a lease under section 6 or 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1335, 1337) for the purpose of drilling for, developing, and producing oil or natural gas resources; and (ii) consists of a block, a portion of a block, a combination of blocks or portions of blocks, or a combination of portions of blocks, as-- (I) specified in the lease; and (II) depicted on an outer Continental Shelf official protraction diagram. (B) Exclusion.--The term ``leased tract'' does not include a tract described in subparagraph (A) that is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was in production on that date. (9) Producing coastal state.--The term ``producing coastal State'' means-- (A) the State of-- (i) Alaska; (ii) Alabama; (iii) California; (iv) Florida; (v) Louisiana; (vi) Mississippi; or (vii) Texas; and (B) any other State with a coastal seaward boundary within 200 miles of the geographic center of a leased tract. (10) Production.--The term ``production'' has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (11) Program.--The term ``program'' means the National Energy Infrastructure Security Program established under subsection (b). (12) Qualified outer continental shelf revenues.-- (A) In general.--The term ``qualified Outer Continental Shelf revenues'' means all funds received by the United States from each leased tract-- (i) that lies-- (I) seaward of the zone covered by section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)); or (II) within that zone, but to which section 8(g) of that Act does not apply; and (ii) the geographic center of which lies within a distance of 200 miles of any part of the coastline of a producing coastal State. (B) Inclusions.--The term ``qualified Outer Continental Shelf revenues'' includes bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (13) State.--The term ``State'' means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any territory of the United States. (14) State plan.--The term ``State plan'' means a State plan described in subsection (b). (b) Establishment.--The Assistant shall establish a program, to be known as the ``National Energy Infrastructure Security Program'', under which the Assistant shall provide funds to States to implement approved State plans to provide security against hostile and natural threats to critical energy infrastructure facilities. (c) State Plans.-- (1) Initial plan.--Not later than 180 days after the date of enactment of this Act, to be eligible to receive funds under the program, the Governor of a State shall submit to the Assistant-- (A) a plan to provide security against hostile and natural threats to critical energy infrastructure facilities in the State; and (B) a request for an amount of Federal funds to carry out the State plan. (2) Revised plans.-- (A) First revised plan.--Not later than 18 months after the date of enactment of this Act, the Governor of a State shall submit to the Assistant a revised State plan. (B) Annual reviews.--Not later than 1 year after the date of submission of the revised plan under subparagraph (A) and annually thereafter, the Governor of a State shall-- (i) review the approved State plan; and (ii) submit to the Assistant any revised State plan resulting from the review. (3) Approval of plans.-- (A) In general.--In consultation with appropriate Federal security officials and the Secretaries of Commerce, Energy and Interior, the Assistant shall-- (i) approve each State plan; or (ii) recommend changes to the State plan. (B) Resubmission of state plans.--If the Assistant recommends changes to a State plan under subparagraph (A)(ii), the Governor of the State may resubmit a revised State plan to the Assistant for approval. (4) Availability of plans.-- (A) Availability to the public.--The Assistant, in consultation with the Governor of a State, shall determine whether and to what extent the approved State plan shall be made public. (B) Availability to congress.--The Assistant shall provide to Congress, on a confidential basis, a copy of each approved State plan. (5) Consultation and public comment.-- (A) Consultation.--The Governor of a State shall develop the State plan in consultation with Federal, State, and local law enforcement and public safety officials, industry, Indian tribes, the scientific community, and other persons as appropriate. (B) Public comment.--The Governor of a State may solicit public comments on the State plan to the extent that the Governor determines to be appropriate. (d) National Energy Infrastructure Security Trust Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be used in carrying out this section, to be known as the ``National Energy Infrastructure Security Trust Fund'', consisting of-- (A) such amounts as are appropriated to the Fund under paragraph (2); and (B) any interest earned on investment of amounts in the Fund under paragraph (4). (2) Transfers to fund.--There are appropriated to the Fund amounts equivalent to 50 percent of qualified Outer Continental Shelf revenues. (3) Expenditures from fund.-- (A) In general.--Subject to subparagraph (B), upon request by the Assistant or the Secretary of the Interior and without further appropriation, the Secretary of the Treasury shall transfer from the Fund to the Assistant or the Secretary of the Interior such amounts as are necessary to make allocations to States under subsection (g). (B) Administrative expenses.--An amount not exceeding 1 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out the program. (4) Investment of amounts.-- (A) 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. Investments may be made only in interest-bearing obligations of the United States. (B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (D) 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. (5) Transfers of amounts.-- (A) In general.--The amounts required to be transferred to the Fund under this subsection 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. (B) 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. (e) Allocation of Amounts From the Fund.-- (1) In general.--For each fiscal year, the Assistant shall allocate the amounts transferred to the Fund for the preceding fiscal year as follows: (A) 70 percent of the amounts shall be allocated by the Assistant in accordance with paragraph (2) to States to carry out activities under approved State plans in areas that are not coastal zones. (B) 30 percent of the amounts shall be allocated by the Secretary of the Interior in accordance with paragraph (3) to producing coastal States to carry out activities under approved State coastal zone plans under subsection (f)(1) in coastal zones of the producing coastal States. (2) Allocation of amounts by assistant.--In determining what portion of the amounts described in paragraph (1)(A) to allocate to each State, the Assistant shall consider-- (A) the extent to which the State contains infrastructure facilities that are most vulnerable to human or natural threats; (B) the extent to which the State contains facilities that, if disrupted, would threaten-- (i) critical national security facilities; (ii) the largest populations; (iii) the national, regional, or local economies; (iv) pristine habitats; or (v) national cultural, historical, or religious sites; (C) other financial resources available to the State assist in the implementation of the approved State plan; and (D) other appropriate factors. (3) Allocation of amounts by secretary of the interior.-- The Secretary of the Interior shall allocate the amounts described in paragraph (1)(B) among producing coastal States as follows: (A) 60 percent of the amounts shall be divided equally among producing coastal States. (B) 40 percent of the amounts shall be divided among producing coastal States on the basis of the proximity of each producing coastal State to offshore locations at which oil and gas are being produced. (f) Use of Amounts Allocated by Secretary of the Interior.-- (1) Coastal zone plans.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, to be eligible to receive amounts allocated by the Secretary of the Interior under subsection (e)(3), the Governor of a producing coastal State shall submit to the Secretary of the Interior and the Secretary of Commerce a plan to provide security against human and natural threats to critical energy infrastructure facilities in coastal zones of the producing coastal State. (B) Development of plans.--Each coastal zone plan under subparagraph (A) shall be developed and approved in the same manner as a State plan is developed under subsection (c). (2) Use of amounts.-- (A) In general.--Amounts allocated by the Secretary of the Interior under subsection (e)(3) may be used only for-- (i) activities to secure critical energy infrastructure facilities in a coastal zone from human or natural threats; and (ii) support of any necessary public service activities that are needed to maintain the safety and operation of critical energy infrastructure facilities. (B) Restoration of coastal wetland.--For the purpose of subparagraph (A)(i), restoration of coastal wetland shall be considered to be an activity that secures critical energy infrastructure facilities in a coastal zone from a natural threat. (g) Termination of Authority.--The authority provided by this section terminates effective on the date that is 6 years after the date of enactment of this Act. | National Energy Infrastructure Security Program Establishment Act - Directs the Assistant to the President for Homeland Security to establish the National Energy Infrastructure Security Program, which shall provide funds to States to implement approved State plans to provide security against threats to critical energy infrastructure facilities.Establishes the National Energy Infrastructure Security Trust Fund, and appropriates to it 50 percent of qualified Outer Continental Shelf revenues. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations Endanger Democracy Act of 2015'' or the ``RED Tape Act of 2015''. SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (2) the term ``covered rule'' means a rule of an agency that causes a new financial or administrative burden on businesses in the United States or on the people of the United States, as determined by the head of the agency; (3) the term ``rule''-- (A) has the meaning given that term in section 551 of title 5, United States Code; and (B) includes-- (i) any rule issued by an agency pursuant to an Executive order or Presidential memorandum; and (ii) any rule issued by an agency due to the issuance of a memorandum, guidance document, bulletin, or press release issued by an agency; and (4) the term ``Unified Agenda'' means the Unified Agenda of Federal Regulatory and Deregulatory Actions. (b) Prohibition on Issuance of Certain Rules.-- (1) In general.--An agency may not-- (A) issue a covered rule that does not amend or modify an existing rule of the agency, unless-- (i) the agency has repealed 1 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or (B) issue a covered rule that amends or modifies an existing rule of the agency, unless-- (i) the agency has repealed or amended 1 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency. (2) Penalty for failure to repeal or amend rules.--During the period beginning on the date of failure to comply by an agency with paragraph (1) in issuing a covered rule, and ending on the date on which the agency complies with paragraph (1) with respect to that covered rule, no statutory pay adjustment (as defined in section 147(b) of the Continuing Appropriations Act, 2011 (5 U.S.C. 5303 note)) shall take effect with respect to any employee of the agency. (3) Application.--Paragraph (1) shall not apply to the issuance of a covered rule by an agency that-- (A) relates to the internal policy or practice of the agency or procurement by the agency; or (B) is being revised to be less burdensome to decrease requirements imposed by the covered rule or the cost of compliance with the covered rule. (c) Considerations for Repealing Rules.--In determining whether to repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection (b)(1), the head of the agency that issued the covered rule shall consider-- (1) whether the covered rule achieved, or has been ineffective in achieving, the original purpose of the covered rule; (2) any adverse effects that could materialize if the covered rule is repealed, in particular if those adverse effects are the reason the covered rule was originally issued; (3) whether the costs of the covered rule outweigh any benefits of the covered rule to the United States; (4) whether the covered rule has become obsolete due to changes in technology, economic conditions, market practices, or any other factors; and (5) whether the covered rule overlaps with a covered rule to be issued by the agency. (d) Publication of Covered Rules in Unified Agenda.-- (1) Requirements.--Each agency shall, on a semiannual basis, submit jointly and without delay to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing-- (A) each covered rule that the agency intends to issue during the 6-month period following the date of submission; (B) each covered rule that the agency intends to repeal or amend in accordance with subsection (b) during the 6-month period following the date of submission; and (C) the cost of each covered rule described in subparagraphs (A) and (B). (2) Prohibition.--An agency may not issue a covered rule unless the agency complies with the requirements under paragraph (1). | Regulations Endanger Democracy Act of 2015 or the RED Tape Act of 2015 Prohibits a federal agency from issuing a covered rule (a rule that causes a new financial or administrative burden on businesses or people in the United States) that either amends or modifies an existing agency rule or does not amend or modify an existing rule unless the agency has repealed one or more existing covered rules and the cost of the rule to be issued is less than or equal to that of the covered rules repealed. Exempts a covered rule that: (1) relates to the internal policy or practice of, or procurement by, the agency; or (2) is being revised to be less burdensome by decreasing requirements imposed by, or compliance costs of, the rule. Prohibits any statutory pay adjustment from taking effect for any employee of an agency during any period during which the agency is not in compliance with such requirement. Directs an agency, in determining whether to repeal a covered rule, to consider: (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a covered rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh it benefits. Requires each agency, semiannually, to submit to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing each covered rule the agency intends to issue, repeal, or amend during the following six months and the cost of each such rule. |
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Small Business Competition Preservation Act of 2000''. SEC. 2. DATABASE, ANALYSIS, AND ANNUAL REPORT WITH RESPECT TO BUNDLED CONTRACTS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(p) Database, Analysis, and Annual Report With Respect to Bundled Contracts.-- ``(1) Bundled contract defined.--In this subsection, the term `bundled contract' includes-- ``(A) each contract that meets the definition set forth in section 3(o) regardless of whether the contracting agency has conducted a study of the effects of the solicitation for the contract on civilian or military personnel of the United States; and ``(B) each new procurement requirement that permits the consolidation of two or more procurement requirements. ``(2) Database.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this subsection, the Administrator of the Small Business Administration shall develop and shall thereafter maintain a database containing data and information regarding-- ``(i) each bundled contract awarded by a Federal agency; and ``(ii) each small business concern that has been displaced as a prime contractor as a result of the award of such a contract. ``(3) Analysis.--For each bundled contract that is to be recompeted as a bundled contract, the Administrator shall determine-- ``(A) the amount of savings and benefits (in accordance with subsection (e)) achieved under the bundling of contract requirements; and ``(B) whether such savings and benefits will continue to be realized if the contract remains bundled, and whether such savings and benefits would be greater if the procurement requirements were divided into separate solicitations suitable for award to small business concerns. ``(4) Annual report on contract bundling.-- ``(A) In general.--Not later than 1 year after the date of the enactment of this paragraph, and annually in March thereafter, the Administration shall transmit a report on contract bundling to the Committees on Small Business of the House of Representatives and the Senate. ``(B) Contents.--Each report transmitted under subparagraph (A) shall include-- ``(i) data on the number, arranged by industrial classification, of small business concerns displaced as prime contractors as a result of the award of bundled contracts by Federal agencies; and ``(ii) a description of the activities with respect to previously bundled contracts of each Federal agency during the preceding year, including-- ``(I) data on the number and total dollar amount of all contract requirements that were bundled; and ``(II) with respect to each bundled contract, data or information on-- ``(aa) the justification for the bundling of contract requirements; ``(bb) the cost savings realized by bundling the contract requirements over the life of the contract; ``(cc) the extent to which maintaining the bundled status of contract requirements is projected to result in continued cost savings; ``(dd) the extent to which the bundling of contract requirements complied with the contracting agency's small business subcontracting plan, including the total dollar value awarded to small business concerns as subcontractors and the total dollar value previously awarded to small business concerns as prime contractors; and ``(ee) the impact of the bundling of contract requirements on small business concerns unable to compete as prime contractors for the consolidated requirements and on the industries of such small business concerns, including a description of any changes to the proportion of any such industry that is composed of small business concerns.''. Passed the House of Representatives September 20, 2000. Attest: JEFF TRANDAHL, Clerk. | Requires an annual report from the Administrator to the congressional small business committees on contract bundling. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Triple-Negative Breast Cancer Research and Education Act of 2011''. SEC. 2. FINDINGS. Congress finds as follows: (1) Breast cancer accounts for 1 in 4 cancer diagnoses among women in this country. (2) The survival rate for breast cancer has increased to 90 percent for White women and 78 percent for African-American women. (3) African-American women are more likely to be diagnosed with larger tumors and more advanced stages of breast cancer despite a lower incidence rate. (4) Early detection for breast cancer increases survival rates for breast cancer, as evidenced by a 5-year relative survival rate of 98 percent for breast cancers that are discovered before the cancer spreads beyond the breast, compared to 23 percent for stage IV breast cancers. (5) Triple-negative breast cancer is a term used to describe breast cancers whose cells do not have estrogen receptors and progesterone receptors, and do not have an excess of the HER2 protein on their sources. (6) It is estimated that between 10 and 20 percent of female breast cancer patients are diagnosed with triple- negative breast cancer, and studies indicate the prevalence of triple-negative breast cancer is much higher. (7) Triple-negative breast cancer most commonly affects African-American women, followed by Hispanic women. (8) Triple-negative breast cancer is a very aggressive form of cancer which affects women under the age of 50 across all racial and socioeconomic backgrounds. (9) African-American women are 3 times more likely to develop triple-negative breast cancer than White women. (10) Triple-negative breast cancer tends to grow and spread more quickly than most other types of breast cancer. (11) Like other forms of breast cancer, triple-negative breast cancer is treated with surgery, radiation therapy, or chemotherapy. (12) Early-stage detection of triple-negative breast cancer is the key to survival because the tumor cells lack certain receptors, and neither hormone therapy nor drugs that target these receptors are effective against these cancers; therefore, early detection and education is vital. (13) Current research and available data do not provide adequate information on-- (A) the rates of prevalence and incidence of triple-negative breast cancer in African-American, Hispanic, and other minority women; (B) he costs associated with treating triple- negative breast cancer; and (C) the methods by which triple-negative breast cancer may be prevented or cured in these women. SEC. 3. RESEARCH WITH RESPECT TO TRIPLE-NEGATIVE BREAST CANCER. (a) Research.--The Director of the National Institutes of Health (in this section referred to as the ``Director of NIH'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to triple-negative breast cancer. (b) Administration.--The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers of the National Institutes of Health, including the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, and the National Institute on Minority Health and Health Disparities. (c) Coordination of Activities.--The Director of the Office of Research on Women's Health shall coordinate activities under this section among the institutes, offices, and centers of the National Institutes of Health. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $500,000 for each of the fiscal years 2013 through 2015. SEC. 4. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO TRIPLE-NEGATIVE BREAST CANCER. (a) Triple-Negative Breast Cancer Public Education Program.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding triple-negative breast cancer, including information on-- (1) the incidence and prevalence of triple-negative breast cancer among women; (2) the elevated risk for minority women to develop triple- negative breast cancer; and (3) the availability, as medically appropriate, of a range of treatment options for symptomatic triple-negative breast cancer. (b) Dissemination of Information.--The Secretary may disseminate information under subsection (a) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2013 through 2015. SEC. 5. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO TRIPLE- NEGATIVE BREAST CANCER. (a) Dissemination of Information.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on triple-negative breast cancer for the purpose of ensuring that health care providers remain informed about current information on triple-negative breast cancer. Such information shall include the elevated risk for minority women to develop triple-negative breast cancer and the range of available options for the treatment of symptomatic triple-negative breast cancer. (b) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2013 through 2017. SEC. 6. DEFINITION. In this Act, the term ``minority women'' means women who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)). | Triple-Negative Breast Cancer Research and Education Act of 2011 [sic] - Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research on triple-negative breast cancer (breast cancers whose cells are negative for estrogen receptors, progesterone receptors, and the HER2 protein on their sources). Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding triple-negative breast cancer, including information on: (1) the incidence and prevalence of such breast cancer among women, (2) the elevated risk for minority women, and (3) the availability of a range of treatment options. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate information on triple-negative breast cancer to health care providers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Based on a preliminary study published in December 1982 by the Commission on Wartime Relocation and Internment of Civilians, Congress finds the following: (1) During World War II, the United States-- (A) expanded its internment program and national security investigations to conduct the program and investigations in Latin America; and (B) financed relocation to the United States, and internment, of approximately 2,300 Latin Americans of Japanese descent, for the purpose of exchanging the Latin Americans of Japanese descent for United States citizens held by Axis countries. (2) Approximately 2,300 men, women, and children of Japanese descent from 13 Latin American countries were held in the custody of the Department of State in internment camps operated by the Immigration and Naturalization Service from 1941 through 1948. (3) Those men, women, and children either-- (A) were arrested without a warrant, hearing, or indictment by local police, and sent to the United States for internment; or (B) in some cases involving women and children, voluntarily entered internment camps to remain with their arrested husbands, fathers, and other male relatives. (4) Passports held by individuals who were Latin Americans of Japanese descent were routinely confiscated before the individuals arrived in the United States, and the Department of State ordered United States consuls in Latin American countries to refuse to issue visas to the individuals prior to departure. (5) Despite their involuntary arrival, Latin American internees of Japanese descent were considered to be and treated as illegal entrants by the Immigration and Naturalization Service. Thus, the internees became illegal aliens in United States custody who were subject to deportation proceedings for immediate removal from the United States. In some cases, Latin American internees of Japanese descent were deported to Axis countries to enable the United States to conduct prisoner exchanges. (6) Approximately 2,300 men, women, and children of Japanese descent were relocated from their homes in Latin America, detained in internment camps in the United States, and in some cases, deported to Axis countries to enable the United States to conduct prisoner exchanges. (7) The Commission on Wartime Relocation and Internment of Civilians studied Federal actions conducted pursuant to Executive Order 9066 (relating to authorizing the Secretary of War to prescribe military areas). Although the United States program of interning Latin Americans of Japanese descent was not conducted pursuant to Executive Order 9066, an examination of that extraordinary program is necessary to establish a complete account of Federal actions to detain and intern civilians of enemy or foreign nationality, particularly of Japanese descent. Although historical documents relating to the program exist in distant archives, the Commission on Wartime Relocation and Internment of Civilians did not research those documents. (8) Latin American internees of Japanese descent were a group not covered by the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b et seq.), which formally apologized and provided compensation payments to former Japanese Americans interned pursuant to Executive Order 9066. (b) Purpose.--The purpose of this Act is to establish a fact- finding Commission to extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate and determine facts and circumstances surrounding the relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the United States, and to recommend appropriate remedies, if any, based on preliminary findings by the original Commission and new discoveries. SEC. 3. ESTABLISHMENT OF THE COMMISSION. (a) In General.--There is established the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent (referred to in this Act as the ``Commission''). (b) Composition.--The Commission shall be composed of 9 members, who shall be appointed not later than 60 days after the date of enactment of this Act, of whom-- (1) 3 members shall be appointed by the President; (2) 3 members shall be appointed by the Speaker of the House of Representatives, on the joint recommendation of the majority leader of the House of Representatives and the minority leader of the House of Representatives; and (3) 3 members shall be appointed by the President pro tempore of the Senate, on the joint recommendation of the majority leader of the Senate and the minority leader of the Senate. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (d) Meetings.-- (1) First meeting.--The President shall call the first meeting of the Commission not later than the later of-- (A) 60 days after the date of enactment of this Act; or (B) 30 days after the date of 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. (e) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson.--The Commission shall elect a Chairperson and Vice Chairperson from among its members. The Chairperson and Vice Chairperson shall serve for the life of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) extend the study of the Commission on Wartime Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act-- (A) to investigate and determine facts and circumstances surrounding the United States' relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the United States; and (B) in investigating those facts and circumstances, to review directives of the United States Armed Forces and the Department of State requiring the relocation, detention in internment camps, and deportation to Axis countries of Latin Americans of Japanese descent ; and (2) recommend appropriate remedies, if any, based on preliminary findings by the original Commission and new discoveries. (b) Report.--Not later than 1 year after the date of the first meeting of the Commission pursuant to section 3(d)(1), the Commission shall submit a written report to Congress, which shall contain findings resulting from the investigation conducted under subsection (a)(1) and recommendations described in subsection (a)(2). SEC. 5. POWERS OF THE COMMISSION. (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. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS. (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. 7. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report to Congress under section 4(b). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. | Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act - Establishes the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent. Directs the Commission to: (1) extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate U.S. relocation, internment, and (in some cases) deportation to Axis countries of Latin Americans of Japanese descent held in U.S. custody from December 1941 through February 1948; and (2) recommend appropriate remedies to Congress based on preliminary findings by the original Commission and new discoveries. Terminates the Commission 90 days after submission of its report to Congress (as required by this Act). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Freedom Act of 2003''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. (a) Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this subsection shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act unless the Board of Governors of the Federal Reserve System determines otherwise.''. (b) Effective at the end of the 2-year period beginning on the date of the enactment of this Act, section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) in subsection (a)(1), by striking ``but subject to paragraph (2)''; (2) by striking paragraph (2) of subsection (a) and inserting the following new paragraph: ``(2) No provision of this section may be construed as conferring the authority to offer demand deposit accounts to any institution that is prohibited by law from offering demand deposit accounts.''; and (3) in subsection (b) (as added by subsection (a) of this section) by striking ``and is not a deposit or account described in subsection (a)(2)''. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Depository institutions defined.--For purposes of this paragraph, the term `depository institution', in addition to the institutions described in paragraph (1)(A), includes any trust company, corporation organized under section 25A or having an agreement with the Board under section 25, or any branch or agency of a foreign bank (as defined in section 1(b) of the International Banking Act of 1978).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Consumer Banking Costs Assessment.-- (1) In general.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (A) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (B) by inserting after section 29 the following new section: ``SEC. 30. SURVEY OF BANK FEES AND SERVICES. ``(a) Annual Survey Required.--The Board of Governors of the Federal Reserve System shall obtain annually a sample, which is representative by type and size of the institution (including small institutions) and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(1) Checking and other transaction accounts. ``(2) Negotiable order of withdrawal and savings accounts. ``(3) Automated teller machine transactions. ``(4) Other electronic transactions. ``(b) Minimum Survey Requirement.--The annual survey described in subsection (a) shall meet the following minimum requirements: ``(1) Checking and other transaction accounts.--Data on checking and transaction accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Check processing fees. ``(D) Check printing fees. ``(E) Balance inquiry fees. ``(F) Fees imposed for using a teller or other institution employee. ``(G) Stop payment order fees. ``(H) Nonsufficient fund fees. ``(I) Overdraft fees. ``(J) Deposit items returned fees. ``(K) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(2) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Rate at which interest is paid to consumers. ``(D) Check processing fees for negotiable order of withdrawal accounts. ``(E) Fees imposed for using a teller or other institution employee. ``(F) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(3) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(A) Monthly and annual fees. ``(B) Card fees. ``(C) Fees charged to customers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(D) Fees charged to customers for withdrawals, deposits, and balance inquiries through machines owned by others. ``(E) Fees charged to noncustomers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(F) Point-of-sale transaction fees. ``(4) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(A) Wire transfer fees. ``(B) Fees related to payments made over the Internet or through other electronic means. ``(5) Other fees and charges.--Data on any other fees and charges that the Board of Governors of the Federal Reserve System determines to be appropriate to meet the purposes of this section. ``(6) Federal reserve board authority.--The Board of Governors of the Federal Reserve System may cease the collection of information with regard to any particular fee or charge specified in this subsection if the Board makes a determination that, on the basis of changing practices in the financial services industry, the collection of such information is no longer necessary to accomplish the purposes of this section. ``(c) Annual Report to Congress Required.-- ``(1) Preparation.--The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsections (a) and (b) of this section and section 136(b)(1) of the Consumer Credit Protection Act. ``(2) Contents of the report.--In addition to the data required to be collected pursuant to subsections (a) and (b), each report prepared pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole, in a representative sample of the 50 States (selected with due regard for regional differences), and in each consolidated metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in subsections (a) and (b) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution and the size of the institution, between large and small institutions of the same type, and any engagement of the institution in multistate activity. ``(3) Submission to congress.--The Board of Governors of the Federal Reserve System shall submit an annual report to the Congress not later than June 1, 2005, and not later than June 1 of each subsequent year. ``(d) Definitions.--For purposes of this section, the term `insured depository institution' has the meaning given such term in section 3 of the Federal Deposit Insurance Act, and the term `insured credit union' has the meaning given such term in section 101 of the Federal Credit Union Act.''. (2) Conforming amendment.-- (A) In general.--Paragraph (1) of section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is amended to read as follows: ``(1) Collection required.--The Board shall collect, on a semiannual basis, from a broad sample of financial institutions which offer credit card services, credit card price and availability information including-- ``(A) the information required to be disclosed under section 127(c) of this chapter; ``(B) the average total amount of finance charges paid by consumers; and ``(C) the following credit card rates and fees: ``(i) Application fees. ``(ii) Annual percentage rates for cash advances and balance transfers. ``(iii) Maximum annual percentage rate that may be charged when an account is in default. ``(iv) Fees for the use of convenience checks. ``(v) Fees for balance transfers. ``(vi) Fees for foreign currency conversions.''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect on January 1, 2004. (3) Repeal of other report provisions.--Section 1002 of Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and section 108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 are hereby repealed. (d) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2003 through 2007.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12) in each of the fiscal years 2003 through 2007. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2003 through 2007, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2003 through 2007, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2003 through 2007, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''. SEC. 7. RULE OF CONSTRUCTION. In the case of an escrow account maintained at a depository institution in connection with a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in subparagraph (1) or (2) or similar in nature to such action, shall not be treated as the payment or receipt of interest for purposes of this Act and any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions, provided, however, that nothing herein shall be construed so as to require a depository institution that maintains an escrow account in connection with a real estate transaction to pay interest on such escrow account or to prohibit such institution from paying interest on such escrow account. Nor shall anything herein be construed to preempt the provisions of law of any State dealing with the payment of interest on escrow accounts maintained in connection with real estate transactions. Passed the House of Representatives April 1, 2003. Attest: JEFF TRANDAHL, Clerk. | (This measure has not been amended since it was reported to the House on March 31, 2003. The summary of that version is repeated here.)Business Checking Freedom Act of 2003 - (Sec. 2) Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month (or any greater number the Federal Reserve Board may determine) to another account of the owner in the same institution.(Sec. 3) Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Makes such repeal effective two years from the date of enactment.(Sec. 4) Authorizes the payment of interest on reserves by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution.Amends the Federal Reserve Act to require the Board to survey annually and report to Congress on bank fees and services including: (1) checking and other transaction accounts; (2) negotiable order of withdrawal and savings accounts; (3) automated teller machine transactions; and (4) other electronic transactions. Sets forth minimum survey requirements for each such account or transaction. Requires the survey to address minimum balance requirements as well as fees.Requires the Board to report annually to Congress on the survey results.Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, to repeal certain reporting requirements.(Sec. 5) Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero.(Sec. 6) Directs the Federal reserve banks to deposit additional surplus funds into the general fund of the Treasury for FY 2003 through 2007 equal to the estimated annual net revenue loss.Prohibits such banks, during FY 2003 through 2007, from replenishing their respective surplus funds by the amount of any such transfer made to cover interest payments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Participation in Railroad Operations Act''. SEC. 2. LOCAL INPUT. (a) Amendment.--Chapter 109 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 10908. Local input ``(a) Requirement.--A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall not construct, develop, or expand railroad maintenance facilities, intermodal rail transfer facilities, railroad sidings, railroad bridges, railroad yards, or other railroad facilities unless the Board determines that the rail carrier has-- ``(1) provided local communities with appropriate notice of such activities; ``(2) conducted an assessment of negative environmental impacts and appropriate mitigation actions pursuant to any State or local law that, regardless of whether the rail carrier is required to comply with such law, requires such assessments to be made in similar circumstances; ``(3) held at least one public hearing in each municipality which is directly affected by such construction, development, or expansion activities; and ``(4) made good faith efforts to address concerns raised in response to such notice. ``(b) Appropriate Notice.--Not later than 6 months after the date of the enactment of this section, the Board shall by regulation prescribe procedures that constitute appropriate notice under various foreseeable circumstances, including emergency circumstances. ``(c) Approval of Certain At-Grade Crossings.--A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall not construct an at-grade crossing over a public road without first obtaining approval from the local governmental entity with jurisdiction over the location of the proposed grade crossing.''. (b) Table of Sections.--The table of sections for such chapter 109 is amended by adding at the end the following new item: ``10908. Local input.''. SEC. 3. PUBLIC MEETINGS. (a) Requirement.--Within 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Transportation shall convene 6 public meetings, including at least one in northern New Jersey, to provide an opportunity for the participants to present their views, respond to the views of others, and discuss issues relating to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. The goal of such meetings shall be the identification of appropriate solutions to the quality-of-life and safety problems that are discussed. The meetings shall be held in diverse geographic locations where the Secretary considers the need for and benefits to be derived from such meetings to be the greatest. (b) Participation.--The Secretary of Transportation shall make every effort to ensure participation at such meetings by local elected officials, appropriate representatives of the Department of Transportation, State and local environmental protection agencies, local public health officials, railroad management, railroad labor, railroad shippers, and individuals representing community interests. (c) Reports to Congress.--The Secretary of Transportation shall, within 3 months after the completion of each round of public meetings convened pursuant to subsection (a), transmit to the Congress a report summarizing the results of the public meetings, and including recommendations to Congress for measures to help improve the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. SEC. 4. PROTECTING LOCAL RESIDENTS IN RAILROAD TRANSACTIONS. Section 11324 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(g) The Board shall not approve a transaction described in section 11323(a) unless the Board has received assurances that the rail carriers who will be responsible for rail operations resulting from or affected by the transaction have addressed adequately and will continue to address adequately problems identified with respect to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks.''. SEC. 5. REGULATIONS TO REDUCE NOISE POLLUTION ALONG RAILROAD LINES. (a) Requirement.--Within 6 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, after consultation with the Secretary of Transportation, shall publish in the Federal Register proposed regulations for reducing noise pollution generated from railroad operations and railroad facilities. (b) Public Health and Welfare.--Such regulations shall be prescribed to protect the public health and welfare, including the health and welfare of persons who live, work, or are for any other reason near railroad tracks, taking into account the degree of noise reduction improvements achievable through the application of the best available technology and the cost of compliance. (c) Audible Warnings.--In prescribing such regulations, the Administrator shall give strong consideration to section 20153 of title 49, United States Code, and shall seek to ensure that public safety is not compromised. (d) Final Regulations.--Within 90 days after publication of proposed regulations under subsection (a), the Administrator shall promulgate final regulations. Regulations issued under this section shall be in lieu of any Federal railroad-related noise regulations for locomotives and rail cars. Such regulations may be revised, from time to time, in accordance with this section. (e) Repeal.--Upon the issuance of final regulations under subsection (d), section 17 of the Noise Control Act of 1972 (42 U.S.C. 4916) is repealed. | Local Participation in Railroad Operations Act - Amends Federal transportation law to prohibit rail carriers from constructing, developing, or expanding railroad maintenance facilities, intermodal rail transfer facilities, railroad sidings, railroad bridges, railroad yards, or other railroad facilities unless the Surface Transportation Board determines that the carrier has: (1) provided affected local communities with notice and an opportunity to be heard with respect to such activities; and (2) conducted an assessment of negative environmental impacts and appropriate mitigation actions pursuant to State or local law. Prohibits a rail carrier from constructing an at-grade crossing over a public road without first obtaining approval from the local governmental entity with jurisdiction over the location of the proposed grade crossing. Prohibits the Board from approving the consolidation, merger, and acquisition of control of a rail carrier by one or more rail carriers unless it has received assurances that the rail carriers have addressed adequately and will continue to address adequately problems identified with respect to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. Repeals a section of the Noise Control Act of 1972 regarding railroad noise emission standards upon the issuance of the final regulations under this Act. |
SECTION 1. FINDINGS. Congress makes the following findings: (1) According to the National Science Board's 2008 Science and Engineering Indicators, only 5 percent of American college graduates major in engineering, compared with 13 percent of European students and 20 percent of students in Asia. (2) Although United States fourth graders score well against international competition, United States students fall near the bottom or dead last by 12th grade in mathematics and science, respectively. (3) Admissions requirements for undergraduate engineering schools include a solid background in mathematics (algebra, geometry, trigonometry, and calculus) and science (biology, chemistry, and physics), in addition to courses in English, social studies, and humanities. (4) According to the Bureau of Labor Statistics, overall engineering employment is expected to grow by 11 percent over the 2008 through 2018 decade, and, as a group, engineers earn some of the highest average starting salaries among individuals holding bachelor's degrees. (5) According to the Department of Labor, engineers should be creative, inquisitive, analytical, and detail oriented. Engineers should be able to work as part of a team and to communicate well, both orally and in writing. Communication abilities are becoming increasingly important as engineers interact more frequently with specialists in a wide range of fields outside engineering. (6) Exposure to project- and problem-based learning, in a competitive team environment, gives 9th through 12th graders the skills the students need to be successful in engineering programs of study and engineering careers. (7) According to Brandeis University's Center for Youth and Communities, participants in FIRST Robotics (a nonprofit organization that inspires young people to be science and technology leaders by engaging the young people in mentor-based programs)-- (A) are more likely to attend college full-time than nonparticipants (88 percent versus 53 percent); (B) are nearly 2 times as likely to major in a science or engineering field; and (C) are more than 3 times as likely to have majored specifically in engineering. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; or (B) if a local educational agency chooses not to apply for a grant under this Act, a secondary school served by the nonapplying local educational agency. (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Poverty line.--The term ``poverty line'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (4) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) STEM.--The term ``STEM'' means science, technology, engineering, or mathematics. SEC. 3. INNOVATIVE INSPIRATION SCHOOL GRANT PROGRAM. (a) Goals of Program.--The goals of the Innovation Inspiration grant program are-- (1) to provide opportunities for eligible entities to support non-traditional STEM education teaching methods; (2) to support the participation of students in nonprofit robotics or STEM competitions; (3) to foster innovation and broaden interest in and access to careers in the STEM fields by investing in programs supported by teachers and professional mentors who receive hands-on training and ongoing communications that strengthen the interactions of the teachers and mentors with-- (A) students on competitive robotics or STEM teams; and (B) other students in the STEM classrooms and communities of the teachers and mentors; and (4) to encourage the collaboration among students, engineers, and professional mentors to design, build, program, and compete in challenges with sophisticated robots. (b) Program Authorized.-- (1) In general.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities-- (A) to promote STEM in secondary schools; (B) to support the participation of secondary school students in robotics or STEM competitions; and (C) to broaden secondary school students' access to careers in STEM. (2) Duration.--The Secretary shall award each grant under this Act for a period of not more than 5 years. (3) Amounts.--The Secretary shall award a grant under this Act in an amount that is sufficient to carry out the goals of this Act. (c) Application.-- (1) In general.--Each eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--The application shall, at a minimum, include a description of how the eligible entity will-- (A) carry out each of the elements of a robotics or STEM competition described in subparagraphs (B) through (F) of subsection (d)(1); (B) establish robotics or STEM competition programs to inspire students in grades 9 through 12 to become innovators in STEM; (C) identify and recruit mentors for the programs described in subparagraph (B) and the participants in the programs; (D) support teachers who lead the programs and participants in the programs through stipends or other incentives; (E) recruit young women and individuals from populations traditionally underrepresented in the STEM fields to participate in the programs; (F) identify public and private partners that can support the programs with cash or in-kind contributions; (G) plan for sustaining the programs financially beyond the grant period; and (H) evaluate the grant project and the results of the grant project among participating students, including-- (i) comparing students who participate in the grant project to similar students who do not so participate; and (ii) evaluating-- (I) secondary school graduation rates; (II) college-going rates; (III) the number of students taking advanced STEM related secondary school classes; and (IV) the ability of students participating in the grant project to partner with professional mentors. (3) Preference.--In developing the criteria for grant awards under this Act, the Secretary shall give preference to an application that addresses the needs of-- (A) a rural or urban school; (B) a low-performing school or school district; or (C) a local educational agency or school that serves-- (i) not fewer than 10,000 children from families with incomes below the poverty line; or (ii) a student population not less than 20 percent of whom are from families with incomes below the poverty line. (d) Uses of Funds.-- (1) In general.--Each eligible entity that receives a grant under this Act may use the grant funds for the following: (A) STEM education and career activities.-- Promotion of STEM education and career activities. (B) Purchase of parts.--The purchase of parts required to support participation in team robotics or STEM competitions. (C) Teacher incentives and stipends.--Incentives and stipends for teachers involved in robotics or STEM competitions. (D) Support and expenses.--Support and expenses for participation in regional and national robotics or STEM competitions. (E) Additional materials and support.--Additional materials and support, such as equipment, facility use, and other expenses, directly associated with robotics or STEM competitions. (F) Evaluation.--Carrying out the evaluation described in subsection (c)(2)(H). (2) Nonprofit competitions.--Grant funds made available under this Act for robotics or STEM competitions shall only be used to support participation in nonprofit robotics or STEM competitions. (3) Administrative costs.--Each eligible entity that receives a grant under this Act may use not more than 2 percent of the grant funds for administrative costs related to the administration of the project supported by the grant. (e) Matching Requirement.-- (1) In general.--Subject to paragraph (2) each eligible entity that receives a grant under this Act shall secure, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 50 percent of the grant. The non-Federal contribution may be provided in cash or in kind. (2) Waiver.--The Secretary may waive all or part of the matching requirement described in paragraph (1) for an eligible entity if the Secretary determines that applying the matching requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant project. (f) Supplement, Not Supplant.--Grant funds provided to an eligible entity under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (g) Secretary's Activities.-- (1) Communications and outreach program.--From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall establish a communications and outreach program to publicize-- (A) non-traditional teaching methods applicable to STEM; and (B) the availability and application procedure for the grant program established by this Act. (2) Evaluation program.--The Secretary shall establish an evaluation program to determine the efficacy of the grant program established by this Act, which shall include assessing the impact, of student participation in the grant project assisted under this Act, on future course-taking and postsecondary study, by comparing students so participating to similar students who do not so participate. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this Act such sums as may be necessary for each of the fiscal years 2011 through 2015. (2) Limitations.--Of the amounts appropriated under paragraph (1) for a fiscal year-- (A) not more than 1 percent shall be used for the communications and outreach program under subsection (g)(1); and (B) not more than 1 percent shall be used for the evaluation program under subsection (g)(2). | Authorizes the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) to: (1) promote science, technology, engineering, and mathematics (STEM) in secondary schools; (2) support the participation of secondary school students in nonprofit robotics or STEM competitions; and (3) broaden secondary school students' access to STEM careers. Allows secondary schools to apply for such grants if their LEA does not. Gives priority to grant applications that address the needs of: (1) rural or urban schools; (2) low-performing schools or school districts; or (3) LEAs or schools that serve at least 10,000 poor children or a student population at least 20% of which is poor. Authorizes the Secretary to waive all or part of the matching requirement for financially-strapped LEAs or schools. Directs the Secretary to: (1) publicize the grant program and nontraditional STEM teaching methods; and (2) evaluate the efficacy of the grant program. |
SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a monthly benefit shall be paid to the recipient's surviving spouse for the month in which the recipient dies, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Industrial Region Rail and Port Access and Modernization Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the growth of commerce in northern New England is hampered by a decaying rail infrastructure; (2) during the 5-year period beginning on the date of enactment of this Act, international trade shipping is projected to increase by more than 20 percent; (3) in the shipping industry, there is a widespread international trend for shippers to use only ports with double- stack rail access; (4) aging rail lines and constricted passage in older industrial States are-- (A) limiting the movement of cargo and individuals throughout that area; and (B) restricting access to deepwater ports; and (5) improving rail lines and double-stack freight rail passage to allow rail connections to and through other States and provinces will enable the economy of the older industrial region to grow and prosper by bringing new industry into the region that will result in growth in high wage jobs. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Older Industrial Rail Modernization and Port Access Fund established by section 4(g). (2) Older industrial region.--The term ``older industrial region'' means the northeastern area of the United States. (3) Older industrial state.--The term ``older industrial State'' means-- (A) Vermont; (B) Maine; and (C) New Hampshire. (4) Rail project.--The term ``rail project'' means a project for the acquisition, rehabilitation, or improvement of railroad facilities or equipment, as described in section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831). (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. DIRECT FEDERAL ASSISTANCE. (a) In General.-- (1) Grants.--Subject to the availability of appropriations, the Secretary shall make a grant under this section to each older industrial State that submits an application to the Secretary that demonstrates, to the satisfaction of the Secretary, a need for assistance under this section in carrying out 1 or more transportation projects described in subsection (b), (c), (d), or (e) that are necessary to improve rail transport in that State. (2) Grant agreement.--The Secretary shall enter into a grant agreement with each older industrial State that receives a grant under this section. At a minimum, the agreement shall specify that the grant recipient will meet the applicable requirements of this section, including the cost-sharing requirement under subsection (f)(2). (b) Grants for Port Access.--The Secretary shall make grants under this section for the purposes of connecting all railroads to ports and ensuring that double-stack rail cars can travel freely throughout older industrial States. (c) Grants for Bridge and Tunnel Obstruction Repair and Replacement.--The Secretary shall make grants under this section for the purpose of enlarging tunnels and embankments, removing, repairing, or replacing bridges or other obstructions that inhibit the free movement of freight or passenger rail cars and the use of double-stack rail cars. (d) Grants for Repair of Railroad Beds.--The Secretary shall make grants under this section for the purposes of repairing, upgrading, and purchasing railbeds and tracks, including improving safety of all railroad tracks. (e) Grants for Development of Intermodal Facilities.--The Secretary shall make grants under this section for the purposes of constructing, operating, and maintaining train maintenance facilities and facilities for the transfer of goods and individuals between other transportation modes, including-- (1) intermodal truck-train transfer facilities; (2) passenger rail stations; and (3) bulk fuel transfer facilities. (f) Funding Limitations on Expenditures of Funds.-- (1) Funding.--The grants made under this section shall be made with funds transferred from the Fund. (2) Cost-sharing.-- (A) In general.--A grant made under this section shall be used to pay the Federal share of the cost of a project conducted under a grant agreement. (B) Federal share.--The Federal share of the cost of a project referred to in subparagraph (A) shall be 80 percent of the cost of the project. (3) Allocation among states.-- (A) In general.--For each of fiscal years 1998 through 2001, the Secretary shall, in making grants under this section, allocate available amounts in the Fund among older industrial States in accordance with a formula established by the Secretary in accordance with subparagraph (B). (B) Allocation formula.--In making grants under this section, for each of the fiscal years specified in subparagraph (A), the Secretary shall allocate an equal amount of the amounts available from the Fund to each of the older industrial States that submits 1 or more grant applications that meet the requirements of this section. (g) Older Industrial Rail Modernization and Port Access Fund.-- (1) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Older Industrial Rail Modernization and Port Access Fund''. The Fund shall consist of-- (A) such amounts as are appropriated to the Fund; and (B) any interest earned on investment of amounts in the Fund under paragraph (2). (2) Investment of fund.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet then current withdrawals. Those investments may be made only in interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States. For that purpose, those obligations may be acquired-- (i) on original issue at the issue price, or (ii) by purchase of outstanding obligations at the market price. (B) Sale of obligation.--Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price. The special obligations may be redeemed at par plus accrued interest. (C) 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. (3) Transfers from fund.--The Secretary of the Treasury shall, on the request of the Secretary of Transportation, transfer from the Fund to the Secretary of Transportation, any amounts that the Secretary of Transportation determines to be necessary to carry out the grant program under this section. (4) Administrative expenses.--Not more than 1 percent of the amounts in the Fund may be used by the Secretary of Transportation to cover administrative expenses for carrying out the grant program under this section. (h) Applicability of Title 23.--Except as otherwise provided in this section, funds made available to an older industrial State under this section shall be available for obligation in the manner provided for funds apportioned under chapter 1 of title 23, United States Code. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Fund to carry out this section $65,000,000 for each of fiscal years 1998 through 2001. (2) Availability of funds.--The amounts appropriated pursuant to this subsection shall remain available for obligation until the end of the third fiscal year following the fiscal year for which the amounts are appropriated. SEC. 5. RAILROAD LOAN AND ASSISTANCE PROGRAM. (a) Purpose.--The purpose of this section is to provide assistance for rail projects in older industrial States. (b) Issuance of Obligations.--The Secretary shall issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 832), in such amounts, and at such times, as may be necessary, during the period that the guaranteed obligation is outstanding, to-- (1) pay any amounts required pursuant to the guarantee of the principal amount of an obligation under section 511 of that Act (45 U.S.C. 831) for any eligible rail project described in subsection (c); and (2) meet the applicable requirements of this section and sections 511 and 513 of that Act (45 U.S.C. 832 and 833). (c) Eligibility.--A rail project that is eligible for assistance under this section is a rail project-- (1) for a railroad that is located in an older industrial State; and (2) that promotes the mobility of goods and individuals. (d) Limitation.--Notwithstanding any other provision of law, the aggregate unpaid principal amounts of obligations that may be guaranteed by the Secretary under this section may not exceed $50,000,000 during any of fiscal years 1998 through 2001. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Transportation, to be used by the Secretary to make guarantees under this section, $5,000,000 for each of fiscal years 1998 through 2001. SEC. 6. REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress and the Governor of each older industrial State a report concerning the rehabilitation of the rail infrastructure of older industrial States. | Older Industrial Region Rail and Port Access and Modernization Act - Establishes a program of grants by the Secretary of Transportation to applicant older industrial States (Vermont, Maine, and New Hampshire) for assistance in carrying out one or more transportation projects for: (1) connecting all railroads to ports and ensuring that double-stack rail cars can travel freely throughout such States; (2) enlarging tunnels and embankments and removing, repairing, or replacing bridges or other obstructions that inhibit the free movement of freight or passenger rail cars and the use of double-stack rail cars; (3) repairing, upgrading, and purchasing railbeds and tracks, including improving track safety; and (4) constructing, operating, and maintaining train maintenance facilities and facilities for the transfer of goods and individuals between other transportation modes, including intermodal truck-train transfer facilities, passenger rail stations, and bulk fuel transfer facilities. Sets the Federal share of such projects, which the grants represent, at 80 percent. Establishes in the Treasury the Older Industrial Rail Modernization and Port Access Fund to carry out this Act. Authorizes appropriations. Directs the Secretary to issue obligations to the Secretary of the Treasury to pay guaranteed loans for rail projects in an older industrial State. Limits the aggregate unpaid principal amount of such obligations at $50 million for any fiscal year. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Patriot Enforcement Act of 2005''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.''. (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2005. | Corporate Patriot Enforcement Act of 2005 - Amends the Internal Revenue Code to treat a foreign corporation that acquires a majority ownership interest in a U.S. corporation or partnership for tax avoidance purposes as a domestic corporation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Structured Settlement Protection Act''. SEC. 2. IMPOSITION OF EXCISE TAX ON PERSONS WHO ACQUIRE STRUCTURED SETTLEMENT PAYMENTS IN FACTORING TRANSACTIONS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS ``Sec. 5891. Structured settlement factoring transactions. ``SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed on any person who acquires directly or indirectly structured settlement payment rights in a structured settlement factoring transaction a tax equal to 40 percent of the factoring discount as determined under subsection (c)(4) with respect to such factoring transaction. ``(b) Exception for Certain Approved Transactions.-- ``(1) In general.--The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is approved in advance in a qualified order. ``(2) Qualified order.--For purposes of this section, the term `qualified order' means a final order, judgment, or decree which-- ``(A) finds that the transfer described in paragraph (1)-- ``(i) does not contravene any Federal or State statute or the order of any court or responsible administrative authority, and ``(ii) is in the best interest of the payee, taking into account the welfare and support of the payee's dependents, and ``(B) is issued-- ``(i) under the authority of an applicable State statute by an applicable State court, or ``(ii) by the responsible administrative authority (if any) which has exclusive jurisdiction over the underlying action or proceeding which was resolved by means of the structured settlement. ``(3) Applicable state statute.--For purposes of this section, the term `applicable State statute' means a statute providing for the entry of an order, judgment, or decree described in paragraph (2)(A) which is enacted by-- ``(A) the State in which the payee of the structured settlement is domiciled, or ``(B) if there is no statute described in subparagraph (A), the State in which either the party to the structured settlement (including an assignee under a qualified assignment under section 130) or the person issuing the funding asset for the structured settlement is domiciled or has its principal place of business. ``(4) Applicable state court.--For purposes of this section-- ``(A) In general.--The term `applicable State court' means, with respect to any applicable State statute, a court of the State which enacted such statute. ``(B) Special rule.--In the case of an applicable State statute described in paragraph (3)(B), such term also includes a court of the State in which the payee of the structured settlement is domiciled. ``(5) Qualified order dispositive.--A qualified order shall be treated as dispositive for purposes of the exception under this subsection. ``(c) Definitions.--For purposes of this section-- ``(1) Structured settlement.--The term `structured settlement' means an arrangement-- ``(A) which is established by-- ``(i) suit or agreement for the periodic payment of damages excludable from the gross income of the recipient under section 104(a)(2), or ``(ii) agreement for the periodic payment of compensation under any workers' compensation act excludable from the gross income of the recipient under section 104(a)(1), and ``(B) under which the periodic payments are-- ``(i) of the character described in subparagraphs (A) and (B) of section 130(c)(2), and ``(ii) payable by a person who is a party to the suit or agreement or to the workers' compensation claim or by a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with section 130. ``(2) Structured settlement payment rights.--The term `structured settlement payment rights' means rights to receive payments under a structured settlement. ``(3) Structured settlement factoring transaction.-- ``(A) In general.--The term `structured settlement factoring transaction' means a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration. ``(B) Exception.--Such term shall not include-- ``(i) the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution in the absence of any action to redirect the structured settlement payments to such institution (or agent or successor thereof) or otherwise to enforce such blanket security interest as against the structured settlement payment rights, or ``(ii) a subsequent transfer of structured settlement payment rights acquired in a structured settlement factoring transaction. ``(4) Factoring discount.--The term `factoring discount' means an amount equal to the excess of-- ``(A) the aggregate undiscounted amount of structured settlement payments being acquired in the structured settlement factoring transaction, over ``(B) the total amount actually paid by the acquirer to the person from whom such structured settlement payments are acquired. ``(5) Responsible administrative authority.--The term `responsible administrative authority' means the administrative authority which had jurisdiction over the underlying action or proceeding which was resolved by means of the structured settlement. ``(6) State.--The term `State' includes any possession of the United States. ``(d) Coordination With Other Provisions.-- ``(1) In general.--If the applicable requirements of sections 72, 104(a) (1) and (2), 130, and 461(h) were satisfied at the time the structured settlement was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year. ``(2) No withholding of tax.--The provisions of section 3405 regarding withholding of tax shall not apply to the person making the payments in the event of a structured settlement factoring transaction.''. (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Structured settlement factoring transactions.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section (other than the provisions of section 5891(d) of the Internal Revenue Code of 1986, as added by this section) shall apply to structured settlement factoring transactions (as defined in section 5891(c) of such Code as adopted by this section) entered into on or after the 30th day following the date of the enactment of this Act. (2) Clarification of existing law.--Section 5891(d) of such Code (as so added) shall apply to transactions entered into before, on, or after such 30th day. (3) Transition rule.--In the case of a structured settlement factoring transaction entered into during the period beginning on the 30th day following the date of the enactment of this Act and ending on July 1, 2002, no tax shall be imposed under section 5891(a) of such Code if-- (A) the structured settlement payee is domiciled in a State (or possession of the United States) which has not enacted a statute providing that the structured settlement factoring transaction is ineffective unless the transaction has been approved by an order, judgment, or decree of a court (or where applicable, a responsible administrative authority) which finds that such transaction-- (i) does not contravene any Federal or State statute or the order of any court (or responsible administrative authority), and (ii) is in the best interest of the structured settlement payee or is appropriate in light of a hardship faced by the payee, and (B) the person acquiring the structured settlement payment rights discloses to the structured settlement payee in advance of the structured settlement factoring transaction the amounts and due dates of the payments to be transferred, the aggregate amount to be transferred, the consideration to be received by the structured settlement payee for the transferred payments, the discounted present value of the transferred payments including the present value as determined in the manner described in section 7520 of such Code, and the expenses required under the terms of the structured settlement factoring transaction to be paid by the structured settlement payee or deducted from the proceeds of such transaction. | Structured Settlement Protection Act - Amends the Internal Revenue Code to impose an excise tax on persons acquiring structured settlement payments in factoring transactions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``General Equivalency Diploma Reform and Improvement Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Since the mid-1970s, the Federal Government and many State and local agencies have encouraged Americans to seek a General Equivalency Diploma (GED) rather than a traditional high school degree. (2) As the economy now demands higher skilled workers, the General Equivalency Diploma is no longer an adequate alternative to a traditional high school degree. (3) Economists Stephen Cameron and James Heckman have studied individuals with exam-certified high school equivalents and have made each of the following conclusions: (A) Individuals with exam-certified high school equivalents are statistically indistinguishable in the labor market from high school dropouts. (B) Individuals with exam-certified equivalents and high school dropouts have comparably poor wages, earnings, hours of work, employment experiences, and job tenure. (C) Measured by their ability and in their labor market status, individuals who have a General Equivalency Diploma are closer to high school dropouts than individuals with traditional high school degrees. (D) Even after controlling for ability, men with General Equivalency Diplomas have inferior labor market status than individuals with traditional high school degrees. (E) Individuals with General Equivalency Diplomas have lower employment rates and less work experience than individuals with traditional high school degrees. (F) Both anecdotal and empirical evidence suggests that employers and the military discount the General Equivalency Diploma. (G) There is no cheap substitute for classroom instruction and education programs that focus on obtaining a General Equivalency Diploma as an end in itself are misguided. (4) Although the rates of teenage pregnancy and early childbearing in the United States have decreased somewhat recently, approximately 3,941,553 adolescent girls between the ages of 10 and 17 gave birth in 1999, and the number of births for 2000 has yet to be determined. (5) While, as a Nation, we should continue to make efforts to prevent unintended pregnancies, we must also provide pregnant teenagers and young mothers with educational opportunities to help them become productive citizens and good, caring parents. (6) No Americans, including pregnant teenagers, young mothers, and young fathers, should be provided with a second- rate, inferior education. SEC. 3. STUDY AND REVIEW OF POLICIES. (a) In General.--The Secretary of Education shall-- (1) conduct a study to review the value of a General Equivalency Diploma (GED) relative to a traditional high school degree; and (2) review the policies and procedures of the Department of Education to determine means by which the Department can reform such policies and procedures to allow the Department-- (A) to cooperate with other Federal agencies to improve the educational opportunities offered to all Americans, including pregnant teenagers and young mothers; (B) to work with States and local educational agencies to promote high quality education for all Americans, including pregnant teenagers and young mothers; (C) to encourage individuals, including pregnant teenagers and young mothers, who already have dropped out of school to return to school to receive additional training; (D) to encourage individuals currently working to obtain a General Equivalency Diploma to enter community or four-year colleges in order to improve their skills and enhance the value of their education credentials; and (E) to encourage the restructuring the General Equivalency Diploma to make it more relevant to current high educational standards. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing-- (1) the results of the study conducted under this section; (2) the results of the review conducted under this section; and (3) any recommendations for reform. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for fiscal years 2002 and 2003. | General Equivalency Diploma Reform and Improvement Act of 2001 - Directs the Secretary of Education to study, review, and report to Congress on the relative value of General Equivalency Diplomas (GEDs) and Department of Education policies and procedures to determine how the Department can reform in order to: (1) cooperate with other Federal agencies, States, and local educational agencies to improve educational opportunities and promote high quality education for all, including pregnant teenagers and young mothers; and (2) encourage school dropouts to return to school, those working to obtain GEDs to enter colleges, and the restructuring of the GED to make it more relevant to current high educational standards. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA High Cost Pool Funding Act''. SEC. 2. ADDITIONAL AMOUNTS FOR HIGH COST FUNDS. Section 611(e)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(e)(3)) is amended by adding at the end the following: ``(J) Additional amounts for high cost funds.-- ``(i) In general.--From the funds appropriated to carry out this subparagraph, the Secretary shall award grants to each State (without regard to whether the State has reserved funds under subparagraph (A)(i)), to carry out the activities described in subparagraph (A)(i) in accordance with the State plan published pursuant to subparagraph (C) (as amended or developed pursuant to clause (v) of this subparagraph), and the other terms and conditions of this paragraph with respect to funds reserved under subparagraph (A)(i), except that a State, to establish and support a high cost fund, may not use more than-- ``(I) 5 percent of the amount of a grant received under this subparagraph in the first year; and ``(II) 2 percent of such amount in each subsequent year. ``(ii) Grant amount.-- ``(I) In general.--A grant awarded to a State under this subparagraph shall be in an amount equal to 5 percent of the State's allocation under subsection (d) for the fiscal year for which the grant is awarded, except that no State shall receive a grant amount that is less than 5 percent of the State's allocation under subsection (d) for fiscal year 2010. ``(II) Ratable reduction.--If the amounts appropriated for any fiscal year to carry out this subparagraph are insufficient to pay the full amounts that all States are eligible to receive under this subparagraph for such year, then the Secretary shall ratably reduce the payments to all such States for such year. ``(iii) Reallotment.--If a State does not apply for a grant this subparagraph for any fiscal year, or if the State does not meet the requirements of this subparagraph, the Secretary shall reallot such amount to the remaining States in accordance with this subparagraph. ``(iv) Matching funds.--To receive a grant under this subparagraph, a State shall provide-- ``(I) non-Federal matching funds for the cost of the activities for which the grant is awarded in an amount that is not less than 25 percent of the amount of the grant; or ``(II) an assurance to the Secretary that the State will use an amount of non-Federal funds that is not less than 25 percent of the amount of the grant to carry out activities similar to the activities described in subparagraph (A)(i) during the grant period of the grant awarded to the State. ``(v) State plans.--To receive a grant under this subparagraph, a State shall-- ``(I) in the case of a State that has published a State plan pursuant to subparagraph (C), amend the State plan to include any information that the Secretary may require for the State to receive a grant under this subparagraph; and ``(II) in the case of a State that has not published a State plan pursuant to subparagraph (C), develop and publish a State plan pursuant to subparagraph (C), which includes any information that the Secretary may require for the State to receive a grant under this subparagraph. ``(vi) Waiver.--A State desiring a grant under this subparagraph to use in accordance with clause (i), but requiring a waiver of any provision of this subparagraph due to an aspect of State governmental structure that is incompatible with this subparagraph, may request such a waiver as part of its State plan under subparagraph (C). ``(K) Annual reporting.--Not later than 1 year after the first grant is awarded under subparagraph (J), and annually thereafter, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the effectiveness of disbursements made from high cost funds for the most recent fiscal year, which shall include-- ``(i) the amount of grant funds awarded to each State under subparagraph (J); ``(ii) the number of States that received a waiver pursuant to subparagraph (J)(vi); ``(iii) an identification of each State that did not receive a grant under subparagraph (J), but made disbursements from a high cost fund established under subparagraph (A)(i) solely using the funds the State reserved pursuant to subparagraph (A)(i); and ``(iv) an identification of each State that did not receive a grant under subparagraph (J), but made disbursements from a high cost fund similar to a high cost fund established under subparagraph (A)(i) solely using non-Federal funds.''. | IDEA High Cost Pool Funding Act This bill amends the Individuals with Disabilities Act (IDEA) to establish additional grants for the purpose of assisting states in addressing the needs of high-need children with disabilities. The bill establishes limitations on grant amounts and how grant funds may be used. To be eligible to receive such a grant, a state shall: (1) provide matching funds equal to at least 25% of the grant amount; and (2) provide any information that the Department of Education may require, as specified by the bill. A state may request a waiver of certain grant requirements that are incompatible with aspects of the state's governmental structure. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Adult Care Food Program Improvements Act of 2003''. SEC. 2. ELIGIBILITY OF PRIVATE ORGANIZATIONS. Section 17(a)(2)(B)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B)(i)) is amended by striking ``during'' and all that follows through ``2003,''. SEC. 3. DEFINITION OF TIER I FAMILY OR GROUP HOME IN RURAL AREAS. (a) In General.--Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)) is amended by inserting ``(or, in the case of a rural area (as defined by the Secretary), 40 percent)'' after ``50 percent''. (b) School Data.--Section 17(f)(3)(E)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(E)(ii)) is amended-- (1) by redesignating subclause (II) as subclause (III); (2) in the second sentence of subclause (I), by striking ``The State agency'' and inserting the following: ``(II) Administration.--The State agency''; (3) in subclause (I), by striking ``organizations a list'' and all that follows and inserting ``organizations-- ``(aa) a list of schools serving elementary school children in the State in which not less than 50 percent of the children enrolled are certified to receive free or reduced price meals; and ``(bb) a list of schools in rural areas described in subparagraph (A)(ii)(I) serving elementary school children in the State in which not less than 40 percent of the children enrolled are certified to receive free or reduced price meals.''; and (4) in subclause (II) (as designated by paragraph (2)), by striking ``list'' each place it appears and inserting ``lists''. (c) Prospective Repeal.-- (1) In general.--Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)) (as amended by subsection (a)) is amended by striking ``(or,'' and all that follows through ``40 percent)''. (2) Effective date.--The amendment made by paragraph (1) takes effect on October 1, 2005. SEC. 4. SUPPLEMENT REIMBURSEMENT RATE FOR TIER II FAMILY OR GROUP DAY CARE HOMES. Section 17(f)(3)(A)(iii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended-- (1) in item (aa), by striking ``13 cents for supplements'' and inserting ``18 cents for supplements''; and (2) in item (bb), by striking ``1997'' and inserting ``2004''. SEC. 5. ADMINISTRATIVE REIMBURSEMENT RATE FOR FAMILY OR GROUP DAY CARE HOME SPONSORING ORGANIZATIONS IN RURAL AREAS. Section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) is amended-- (1) by striking ``(B) Family'' and inserting the following: ``(B) Reimbursement for administrative expenses.-- ``(i) In general.--Family''; (2) by inserting after the first sentence the following: ``(ii) Rural areas.--The levels prescribed under clause (i) shall be increased by $2.00 for each family or group day care home sponsoring organization that is located in a rural area (as defined by the Secretary).''; and (3) in the last sentence, by striking ``Such levels'' and inserting the following: ``(iii) Annual adjustments.--The levels prescribed under this subparagraph''. SEC. 6. MANAGEMENT SUPPORT. Section 17(q)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(q)(3)) is amended by striking ``1999 through 2003'' and inserting ``2004 through 2008''. SEC. 7. PROGRAM FOR AT-RISK SCHOOL CHILDREN IN RURAL AREAS. (a) Definition of At-Risk School Children.-- (1) In general.--Section 17(r)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)(1)(B)) is amended by inserting ``(or, in the case of a rural area (as defined in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(A))), 40 percent)'' after ``50 percent''. (2) Prospective repeal.-- (A) In general.--Section 17(r)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)(1)(B)) (as amended by paragraph (1)) is amended by striking ``(or,'' and all that follows through 40 percent)''. (B) Effective date.--The amendment made by subparagraph (A) takes effect on October 1, 2005. (b) Limitation.--Section 17(r)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended by striking ``seven States,'' and all that follows through ``and two States'' and inserting ``13 States, of which 11 States shall be Illinois, Pennsylvania, Missouri, Delaware, Michigan, Oregon, New York, Wisconsin, Mississippi, Iowa, and Indiana and 2 States''. SEC. 8. PARTICIPATION BY EMERGENCY SHELTERS. Section 17(t)(5)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(t)(5)(A)(i)) is amended-- (1) in subclause (I), by striking ``12 years of age;'' and inserting ``18 years of age; or''; (2) by striking subclause (II); and (3) by redesignating subclause (III) as subclause (II). SEC. 9. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act and the amendments made by this Act take effect on October 1, 2003. | Child and Adult Care Food Program Improvements Act of 2003 - Amends the Richard B. Russell National School Lunch Act to revise requirements for the child and adult care food program. Revises requirements relating to: (1) the eligibility of private organizations; (2) the supplement reimbursement rate for tier II family or group day care homes; (3) the administrative reimbursement rate for family or group day care home sponsoring organizations in rural areas; and (4) management support. Provides for temporary redefinitions of: (1) tier I family or group home in rural areas; and (2) at-risk school children in rural areas. Revises the program for at-risk school children to add Oregon, New York, Wisconsin, Mississippi, Iowa, and Indiana to the limited list of States in which institutions are to receive reimbursement. (Continues the current listing of Illinois, Pennsylvania, Missouri, Delaware, Michigan, and two unspecified States.) Allows emergency shelters to claim reimbursement for resident children not more than 18 years of age. (The current limit is 12.) |
SECTION 1. SHORT TITLE. This Act may be referred to as the ``Dr. Rita Hocog Inos Territorial Fellowship Act''. SEC. 2. FELLOWSHIP PROGRAM FOR STUDENTS FROM AMERICAN SAMOA, THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, GUAM, AND THE UNITED STATES VIRGIN ISLANDS. (a) Establishment of Fellowship Program.--To encourage civic engagement among students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands, the Secretary of the Interior shall carry out a program, to be known as the ``Dr. Rita Hocog Inos Territorial Fellowship Program'', to award local and Federal Government fellowships to qualified students from those territories, subject to the availability of amounts described in subsection (i). (b) Types of Fellowship.--The fellowships that may be awarded under the program are as follows: (1) A local government fellowship with a cooperating agency or entity of the territory in which the qualified student is domiciled. (2) A Federal Government fellowship with a cooperating-- (A) Executive agency (as defined in section 105 of title 5, United States Code); or (B) office of a Representative or Senator in, or a Delegate or Resident Commissioner to, the Congress. (c) Qualified Student.--For purposes of this section, the term ``qualified student'' means a student who is-- (1) a citizen of the United States; (2) domiciled in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands; and (3) enrolled in a degree or certificate program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (d) Term of Fellowship.--The term of a fellowship under the program shall be an academic semester or a summer, as designated by the Secretary. (e) Fellowship Award.-- (1) In general.--Under the program, a fellowship award shall consist of either a stipend described in paragraph (2) or academic credit toward graduation. Such award may also include a travel stipend of not more than $1,500 for each fellowship term, based on the distance of the student awarded the fellowship from the site of the fellowship. (2) Stipend.--Subject to paragraph (3), a stipend described in this paragraph is as follows: (A) $6,000 for an academic semester fellowship. (B) $4,000 for a summer fellowship. (3) Fiscal years after 2013.--In the case of any fiscal year beginning after September 30, 2013, each dollar amount in paragraph (2) shall be such dollar amount in effect for the preceding fiscal year, increased by the sum of-- (A) the percentage of the dollar amount in effect for such preceding fiscal year that is equal to the percentage (if any) by which-- (i) the Consumer Price Index for the most recent calendar year ending prior to the beginning of the fiscal year, exceeds (ii) the Consumer Price Index for the next previous calendar year; plus (B) one percent of the dollar amount in effect for such previous year. (f) Application and Selection.-- (1) In general.--The Secretary shall develop and administer an application and selection process for awarding a fellowship under the program. (2) Priority.--In awarding a fellowship under the program, the Secretary shall give priority to a qualified student who has already completed one such fellowship. (3) Limitation on number of fellowships awarded to each student.--Under the program, a qualified student may be awarded no more than-- (A) one local government fellowship; and (B) one Federal Government fellowship. (g) Reporting.--The Secretary shall submit to Congress, not later than 3 years after the date of the enactment of this Act, a report on the Dr. Rita Hocog Inos Territorial Fellowship Program. The report shall include information on-- (1) the use of funds appropriated for the purpose of carrying out the program; and (2) barriers to participation in the program. (h) Other Definitions.--In this section: (1) The term ``Consumer Price Index'' means the Consumer Price Index for All Urban Consumers published by the Department of Labor. (2) The term ``program'' means the Dr. Rita Hocog Inos Territorial Fellowship Program. (3) The term ``Secretary'' means the Secretary of the Interior. (i) Funding.--To carry out the fellowship program, the Secretary may use amounts appropriated to the Department of the Interior for technical assistance to territories under the heading ``assistance to territories'' in an appropriation Act for the Department of the Interior for fiscal year 2013 or any subsequent fiscal year. The Secretary may use no other amounts for such purpose. | Dr. Rita Hocog Inos Territorial Fellowship Act - Directs the Secretary of the Interior to establish the Dr. Rita Hocog Inos Fellowship Program to award local government and federal government fellowships to qualified students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands. Allows a fellow to receive either a specified stipend or academic credit toward graduation for participating in an internship. Defines a "qualified student" as a student who is a U.S. citizen, domiciled in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands, and enrolled in a degree or certificate program at an institution of higher education. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transitional Housing Assistance for Victims of Domestic Violence Act of 2002''. SEC. 2. TRANSITIONAL HOUSING ASSISTANCE GRANTS. The Attorney General, in consultation with the Secretary of Housing and Urban Development and the Secretary of Health and Human Services, shall award grants under this Act to organizations, States, units of local government, and Indian tribes (referred to in this Act as the ``recipient'') to carry out programs to provide assistance to individuals, and the dependents of individuals-- (1) who are homeless or in need of transitional housing or other housing assistance as a result of fleeing a situation of domestic violence; and (2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. SEC. 3. TYPES OF ASSISTANCE. Grants awarded under this Act may be used for programs that provide-- (1) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in section 2; and (2) support services designed to enable an individual, or dependent of an individual, who is fleeing a situation of domestic violence to-- (A) locate and secure permanent housing; and (B) integrate into a community by providing that individual or dependent with services, such as transportation, counseling, child care services, case management, employment counseling, and other assistance. SEC. 4. DURATION. (a) In General.--Except as provided in subsection (b), an individual, or dependent of an individual, who receives assistance under this Act shall receive that assistance for not more than 18 months. (b) Waiver.--The recipient of a grant under this Act may waive the restriction under subsection (a) for not more than an additional 6 month period with respect to any individual, or dependent of an individual, who-- (1) has made a good-faith effort to acquire permanent housing; and (2) has been unable to acquire permanent housing. SEC. 5. APPLICATION. (a) In General.--Each eligible entity desiring a grant under this Act shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (b) Contents.--Each application submitted pursuant to subsection (a) shall-- (1) describe the activities for which assistance under this Act is sought; and (2) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this Act. (c) Application.--Nothing in this section shall be construed to require-- (1) victims to participate in the criminal justice system in order to receive services; or (2) domestic violence advocates to breach client confidentiality. SEC. 6. REPORTS. (a) Report to the Attorney General.-- (1) In general.--A recipient of a grant under this Act shall annually prepare and submit to the Attorney General a report describing-- (A) the number of individuals and dependents assisted under this Act; and (B) the types of housing assistance and support services provided under this Act. (2) Contents.--Each report prepared and submitted under paragraph (1) shall include information regarding-- (A) the amount of housing assistance provided to each individual, or dependent of an individual, assisted under this Act and the reason for that assistance; (B) the number of months each individual, or dependent of an individual, received assistance under this Act; (C) the number of individuals and dependents of those individuals who-- (i) were eligible to receive assistance under this Act; and (ii) were not provided with assistance under this Act solely due to a lack of available housing; and (D) the type of support services provided to each individual, or dependent of an individual, assisted under this Act. (b) Report to Congress.--The Attorney General shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (a). (c) Availability of Report.--In order to coordinate efforts to assist the victims of domestic violence, the Attorney General shall transmit a copy of the report submitted under subsection (b) to-- (1) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and (2) the Office of Women's Health at the United States Department of Health and Human Services. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $30,000,000 for each of fiscal years 2003 through 2006. (b) Limitations.--Of the amount made available to carry out this Act in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (c) Minimum Amount.-- (1) In general.--Except as provided in paragraph (2), unless all eligible applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this Act have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than .75 percent of the total amount appropriated in the fiscal year for grants pursuant to this Act. (2) Exception.--The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent of the total amount appropriated in the fiscal year for grants pursuant to this Act. | Transitional Housing Assistance for Victims of Domestic Violence Act of 2002 - Directs the Attorney General to make grants to State and local governments, Indian tribes, and organizations to provide transitional housing and related support services (18-month maximum with a six-month extension) to individuals and dependents: (1) who are homeless as a result of domestic violence; and (2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Transactions which Operate to Promote Fraud, Risk, and Underdevelopment Act'' or the ``STOP FRAUD Act''. SEC. 2. MORTGAGE FRAUD. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1351. Mortgage fraud ``(a) In General.--It shall be unlawful for any mortgage professional to knowingly execute, or attempt to execute, a scheme or artifice-- ``(1) to defraud any natural person or financial institution in connection with the offer or extension of consumer credit (as such term is defined in subsections (e) and (h) under section 103 of the Truth in Lending Act (15 U.S.C. 1602(e) and (h))), which credit is, or is to be, secured by an interest-- ``(A) in real property; or ``(B) in personal property used or expected to be used as the principal dwelling (as such term is defined under section 103(v) of the Truth in Lending Act (15 U.S.C. 1602(v))) of the natural person to whom such consumer credit is offered or extended; or ``(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property, including without limitation in the form of fees or charges, from a natural person in connection with an extension of consumer credit secured by an interest-- ``(A) in real property; or ``(B) in personal property used or expected to be used as the principal dwelling of such natural person; ``(b) Penalty.--Any person who violates paragraph (1) shall be fined not more than $5,000,000, or imprisoned not more than 35 years, or both. ``(c) Private Right of Action by Persons Aggrieved.--Any person aggrieved by a violation of this section, or any regulation under this section may, but shall not be required to, file suit in any district court of the United States having jurisdiction of the parties to such suit-- ``(1) without respect to the amount in controversy; ``(2) without regard to the citizenship of the parties; and ``(3) without regard to exhaustion of any administrative remedies. ``(d) Rule of Construction.--Nothing in this section shall be construed to modify, lessen, or otherwise affect any other provision of this title relating to the rights afforded to financial institutions. ``(e) Definition.--As used in this section, the term `mortgage professional' includes real estate appraisers, real estate accountants, real estate attorneys, real estate brokers, mortgage brokers, mortgage underwriters, mortgage processors, mortgage settlement companies, mortgage title companies, mortgage loan originators, and any other provider of professional services engaged in the mortgage process.''. (b) Table of Sections.--The table of sections for chapter 63 of title 18, United States Code, is amended by inserting after the item relating to section 1350 the following: ``1351. Mortgage fraud.''. (c) Conforming Amendment.--Section 3293(2) of title 18, United States Code, is amended by striking ``or 1343'' and inserting ``, 1343, or 1351''. SEC. 3. MANDATORY REPORTING REQUIREMENTS. (a) Definition of Financial Institution.--Section 5312(a)(2)(U) of title 31, United States Code, is amended by-- (1) inserting ``and companies'' after ``persons''; (2) inserting ``, transactions,'' after ``closings''; and (3) inserting after ``settlements'' the following: ``, including the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, mortgage appraisers, real estate accountants, real estate attorneys, real estate brokers, mortgage underwriters, mortgage processors, mortgage settlement and title companies, mortgage brokers, mortgage loan originators, and any other mortgage professional engaged in the mortgage industry''. (b) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall issue regulations to implement the amendments made in subsection (a). (2) Content of regulation.--A regulation required under paragraph (1) shall include a requirement that any suspicious activity by an individual or entity described in section 5312(a)(2)(U) be reported to the Secretary of the Treasury. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to implement the regulations issued under subsection (b). SEC. 4. LAW ENFORCEMENT AND INDUSTRY COMMUNICATION. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury, shall establish a system by which mortgage brokers, lenders, and other authorized mortgage professionals may register and receive updates from Federal law enforcement agencies on-- (1) suspicious activity trends in the mortgage industry; and (2) mortgage fraud-related convictions. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to establish and maintain the system required under subsection (a). SEC. 5. DEBARRED OR CENSURED MORTGAGE PROFESSIONAL DATABASE. (a) Establishment.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Attorney General shall establish a Debarred or Censured Mortgage Professional Database that may be accessed by authorized banks and mortgage professionals to determine the Federal and State bar status of mortgage professionals regulated by any Federal or State agency. (2) Private certification boards.--Any widely accepted private certification board shall have authority to access, maintain, and update the Debarred or Censured Mortgage Professional Database established in paragraph (1) for purposes of adding or removing the information of any mortgage professional contained in such Database. (3) Definition of widely accepted private certification board.--Not later than 18 months after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury, shall determine the definition of the term ``widely accepted private certification board''. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to establish and maintain the database required under subsection (a). SEC. 6. HOUSING COUNSELING. Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x), is amended by adding at the end the following: ``(g) Counseling for Mortgage Fraud.-- ``(1) In general.--The Secretary is authorized to provide, or contract with public or private organizations to provide, information, advice, counseling, and technical assistance to tenants, homeowners, and other consumers with respect to mortgage fraud, as such activity is described in section 1351 of title 18, United States Code. ``(2) Preference for states with higher incidents of mortgage fraud.--In distributing any funds authorized under paragraph (3), the Secretary shall give preference to those States with the highest rates of mortgage fraud, as such rates are determined by-- ``(A) the Director of the Federal Bureau of Investigation; and ``(B) mortgage industry statistics. ``(3) Authorization of appropriations.--There are authorized to be appropriated $10,000,000, to implement the provisions of this subsection.''. SEC. 7. STATE APPRAISAL DEMONSTRATION PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary of Housing and Urban Development shall provide grants to State appraisal agencies to improve the monitoring and enforcement of housing appraisal regulations in that State. (b) Application.--Each State appraisal agency seeking a grant under this section shall submit an application to the Secretary of Housing and Urban Development at such time, in such manner, and containing such information as the Secretary may require. (c) Preference for States With Higher Incidents of Mortgage Fraud.--In distributing any grant amounts authorized under this section, the Secretary of Housing and Urban Development shall give preference to those States with the highest rates of mortgage fraud, as such rates are determined by-- (1) the Director of the Federal Bureau of Investigation; and (2) mortgage industry statistics. (d) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000, to implement the provisions of this section. SEC. 8. LAW ENFORCEMENT GRANTS TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Attorney General shall provide grants to assist State and local law enforcement agencies in-- (1) establishing and improving mortgage fraud task forces; and (2) improving communications regarding mortgage fraud cases between such agencies and other Federal, State and local law enforcement agencies. (b) Application.--Each State or local law enforcement agency seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (c) Authorization of Appropriations.--There are authorized to be appropriated $40,000,000, to implement the provisions of this section. SEC. 9. ADDITIONAL DOJ FUNDING. In addition to any other amounts otherwise authorized to be appropriated under this Act, there are authorized to be appropriated to the Attorney General $5,000,000, to increase mortgage fraud investigation efforts undertaken by the Department of Justice. | Stopping Transactions which Operate to Promote Fraud, Risk, and Underdevelopment Act or the STOP FRAUD Act - Amends federal criminal law to make it unlawful for any mortgage professional (as defined by this Act) to execute, or attempt to execute, a scheme or artifice to: (1) defraud any natural person or financial institution in connection with the offer of consumer credit secured by an interest in real property, or in personal property used or expected to be used as a principal dwelling; or (2) falsely obtain any money or property from a natural person in connection with an extension of consumer credit secured by an interest in real property, or in personal property used or expected to be used as the principal dwelling of such natural person. Provides for: (1) fines and/or imprisonment for violations of such provisions; and (2) a private right of action. Includes within the definition of "financial institution" for specified federal monetary transaction provisions the Federal National Mortgage Association (Fannie Mae), the Government National Mortgage Association (Ginnie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), mortgage appraisers, real estate accountants, real estate attorneys, real estate brokers, mortgage underwriters, mortgage processors, mortgage settlement and title companies, mortgage brokers, mortgage loan originators, and any other mortgage professional engaged in the mortgage industry. Amends the Housing and Urban Development Act of 1968 to authorize the Secretary of Housing and Urban Development to provide tenants, homeowners, and other consumers with mortgage fraud counseling. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Act Amendments of 1994''. SEC. 2. SIMPLIFICATION OF EMPLOYMENT TAXES ON DOMESTIC SERVICES. (a) Coordination of Collection of Domestic Service Employment With Collection of Income Taxes.-- (1) In general.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end thereof the following new section: ``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. ``(a) General Rule.--Except as otherwise provided in this section-- ``(1) returns with respect to domestic service employment taxes shall be made on a calendar year basis, ``(2) any such return for any calendar year shall be filed on or before the 15th day of the fourth month following the close of the employer's taxable year which begins in such calendar year, and ``(3) no requirement to make deposits (or to pay installments under section 6157) shall apply with respect to such taxes. ``(b) Domestic Service Employment Taxes Subject to Estimated Tax Provisions.-- ``(1) In general.--Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. ``(2) Annualization.--Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). ``(3) Transitional rule.--For purposes of applying section 6654 to a taxable year beginning in 1994, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. ``(c) Domestic Service Employment Taxes.--For purposes of this section, the term `domestic service employment taxes' means-- ``(1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). ``(d) Exception Where Employer Liable for Other Employment Taxes.-- To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. ``(e) General Regulatory Authority.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. Such regulations may treat domestic service employment taxes as taxes imposed by chapter 1 for purposes of coordinating the assessment and collection of such employment taxes with the assessment and collection of domestic employers' income taxes. ``(f) Authority To Enter Into Agreements To Collect State Unemployment Taxes.-- ``(1) In general.--The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. ``(2) Transfers to state account.--Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. ``(3) Subtitle f made applicable.--For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. ``(4) State.--For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1).'' (2) Clerical amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end thereof the following: ``Sec. 3510. Coordination of collection of domestic service employment taxes with collection of income taxes.'' (3) Effective date.--The amendments made by this subsection shall apply to remuneration paid in calendar years beginning after December 31, 1994. (4) Expanded information to employers.--The Secretary of the Treasury or his delegate shall prepare and make available information on the Federal tax obligations of employers with respect to employees performing domestic service in a private home of the employer. Such information shall also include a statement that such employers may have obligations with respect to such employees under State laws relating to unemployment insurance and workers compensation. (b) Threshold Requirement for Social Security Taxes.-- (1) Amendments of internal revenue code.-- (A) Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 (defining wages) is amended to read as follows: ``(B) cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer (within the meaning of subsection (y)), if the cash remuneration paid in such year by the employer to the employee for such service is less than the applicable dollar threshold (as defined in subsection (y)) for such year;''. (B) Section 3121 of such Code is amended by adding at the end thereof the following new subsection: ``(y) Domestic Service in a Private Home.--For purposes of subsection (a)(7)(B)-- ``(1) Exclusion for certain farm service.--The term `domestic service in a private home of the employer' does not include service described in subsection (g)(5). ``(2) Applicable dollar threshold.--The term `applicable dollar threshold' means $1,250. In the case of calendar years after 1995, the Secretary of Health and Human Services shall adjust such $1,250 amount at the same time and in the same manner as under section 215(a)(1)(B)(ii) of the Social Security Act with respect to the amounts referred to in section 215(a)(1)(B)(i) of such Act, except that, for purposes of this paragraph, 1993 shall be substituted for the calendar year referred to in section 215(a)(1)(B)(ii)(II) of such Act. If the amount determined under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.'' (C) The second sentence of section 3102(a) of such Code is amended-- (i) by striking ``calendar quarter'' each place it appears and inserting ``calendar year'', and (ii) by striking ``$50'' and inserting ``the applicable dollar threshold (as defined in section 3121(y)(2)) for such year''. (2) Amendment of social security act.--Subparagraph (B) of section 209(a)(6) of the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended to read as follows: ``(B) Cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the applicable dollar threshold (as defined in section 3121(y)(2) of the Internal Revenue Code of 1986) for such year. As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in section 210(f)(5).'' (3) Effective date.--The amendments made by this subsection shall apply to remuneration paid in calendar years beginning after December 31, 1994. (4) Relief from liability for certain underpayment amounts.-- (A) In general.--On and after the date of the enactment of this Act, an underpayment to which this paragraph applies (and any penalty, addition to tax, and interest with respect to such underpayment) shall not be assessed (or, if assessed, shall not be collected). (B) Underpayments to which paragraph applies.--This paragraph shall apply to an underpayment to the extent of the amount thereof which would not be an underpayment if-- (i) the amendments made by paragraph (1) had applied to calendar years 1993 and 1994, and (ii)(I) the applicable dollar threshold for calendar year 1993 were $1,150, and (II) the applicable dollar threshold for calendar year 1994 were $1,200. SEC. 3. ALLOCATIONS TO FEDERAL DISABILITY INSURANCE TRUST FUND. (a) Allocation With Respect to Wages.--Section 201(b)(1) of the Social Security Act (42 U.S.C. 401(b)(1)) is amended by striking ``(O) 1.20 per centum'' and all that follows through ``December 31, 1999, and so reported,'' and inserting ``(O) 1.20 per centum of the wages (as so defined) paid after December 31, 1989, and before January 1, 1994, and so reported, (P) 1.88 per centum of the wages (as so defined) paid after December 31, 1993, and before January 1, 2000, and so reported, and (Q) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported,''. (b) Allocation With Respect to Self-Employment Income.--Section 201(b)(2) of such Act (42 U.S.C. 401(b)(2)) is amended striking ``(O) 1.20 per centum'' and all that follows through ``December 31, 1999,'' and inserting ``(O) 1.20 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1989, and before January 1, 1994, (P) 1.88 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1993, and before January 1, 2000, and (Q) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999,''. (c) Effective Date.--The amendments made by this section shall apply with respect to wages paid after December 31, 1993, and self- employment income for taxable years beginning after such date. (d) Study on Rising Costs of Disability Benefits.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a comprehensive study of the reasons for rising costs payable from the Federal Disability Insurance Trust Fund. (2) Matters to be included in study.--In conducting the study under this subsection, the Secretary shall-- (A) determine the relative importance of the following factors in increasing the costs payable from the Trust Fund: (i) increased numbers of applications for benefits; (ii) higher rates of benefit allowances; and (iii) decreased rates of benefit terminations; and (B) identify, to the extent possible, underlying social, economic, demographic, programmatic, and other trends responsible for changes in disability benefit applications, allowances, and terminations. (3) Report.--Not later than December 31, 1995, the Secretary shall transmit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth the results of the study conducted under this subsection, together with any recommendations for legislative changes which the Secretary determines appropriate. SEC. 4. NONPAYMENT OF BENEFITS TO INDIVIDUALS CONFINED IN CRIMINAL CASES PURSUANT TO CONVICTION OR BY COURT ORDER BASED ON FINDINGS OF INSANITY. (a) In General.--Section 202(x) of the Social Security Act (42 U.S.C. 402(x)) is amended-- (1) in the heading, by inserting ``and Certain Other Inmates of Publicly Funded Institutions'' after ``Prisoners''; (2) in paragraph (1) by striking ``during which such individual'' and inserting ``during which such individual--'', and by striking ``is confined'' and all that follows and inserting the following: ``(A) is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of an offense for which he was sentenced to imprisonment for more than 1 year, or ``(B) is confined by court order in an institution at public expense in connection with-- ``(i) a verdict that the individual is guilty but insane, with respect to an offense punishable by imprisonment for more than 1 year, ``(ii) a verdict that the individual is not guilty of such an offense by reason of insanity, ``(iii) a finding that such individual is incompetent to stand trial under an allegation of such an offense, or ``(iv) a similar verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence).''; and (3) in paragraph (3), by striking ``any individual'' and all that follows and inserting ``any individual who is confined as described in paragraph (1) if the confinement is under the jurisdiction of such agency and the Secretary requires such information to carry out the provisions of this section.''. (b) Conforming Amendments.-- (1) Section 226 of such Act (42 U.S.C. 426) is amended by adding at the end the following new subsection: ``(i) The requirements of subsection (a)(2) shall not be treated as met with respect to any individual for any month if a monthly benefit to which such individual is entitled under section 202 or 223 for such month is not payable under section 202(x).''. (2) Section 226A of such Act (42 U.S.C. 426-1) is amended by adding at the end the following new subsection: ``(d) The requirements of subsection (a)(1) shall not be treated as met with respect to any individual for any month if a monthly benefit to which such individual is entitled under section 202 or 223 for such month is not payable under section 202(x).''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for months commencing after 90 days after the date of the enactment of this Act and with respect to items and services provided after such 90-day period. | Social Security Act Amendments of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) and the Internal Revenue Code (IRC) to raise from $50 to $1,250 the minimum amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes. Provides for annual adjustments of such threshold. Amends IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes; (2) subject domestic service employment taxes to estimated tax provisions; (3) exempt certain employers from the payment of such taxes; and (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration. Directs the Secretary to prepare and make available to employers information on their tax obligations under Federal and State law with regard to domestic employees. Absolves employers from liability for certain underpaid taxes and associated penalty and interest payments owed before this Act becomes effective. Directs the Secretary of Health and Human Services to study and report to the Congress on the reasons for rising costs payable from such Fund. Amends SSA title II to: (1) increase the portion of wages and self-employment income subject to social security taxation that is allocated to the Federal Disability Insurance Trust Fund (Fund); and (2) modify restrictions on social security benefit payments to incarcerated felons, with changes converting such restrictions into an outright prohibition applicable to all individuals sentenced to imprisonment for more than one year (currently only convicted felons), as well as to individuals confined pursuant to a court order based on verdicts of insanity or similar mental disorders. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institution Customer Protection Act of 2016''. SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND ORDERS. (a) Definitions.--In this section-- (1) the term ``appropriate Federal banking agency''-- (A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) in the case of an insured credit union, means the National Credit Union Administration; (2) the term ``depository institution''-- (A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) includes an insured credit union; and (3) the term ``insured credit union'' has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (b) Termination Requests or Orders Must Be Material.-- (1) In general.--The appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless-- (A) the agency has a material reason for the request or order; and (B) that reason is not based solely on reputation risk to the depository institution. (2) Treatment of national security threats.--The appropriate Federal banking agency shall satisfy the requirement under paragraph (1) if the agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity which-- (A) poses a threat to national security; (B) is involved in terrorist financing; (C) is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the state sponsor of terrorism list; (D) is located in, or is subject to the jurisdiction of, any country described in subparagraph (C); or (E) does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D). (c) Notice Requirement.-- (1) In general.--If the appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall-- (A) provide the request or order to the institution in writing; and (B) include with the request or order a written justification for why the termination is necessary, including any specific laws or regulations, if any, the agency believes that the customer or group of customers are violating. (2) Justification requirement.--A written justification under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution. (d) Customer Notice.-- (1) Notice required.--Except as provided under paragraph (2), if the appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the customer or customers of the justification for the termination of the account or accounts under subsection (c)(1)(B). (2) Notice prohibited in cases of national security.--If the appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described in subsection (b)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the termination of the account or accounts. (e) Reporting Requirement.--Each appropriate Federal banking agency shall issue an annual report to Congress stating-- (1) the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the 1-year period preceding the issuance of the report; (2) the legal authority on which the agency relied in making the requests and orders described in paragraph (1); and (3) the frequency with which the agency relied on each authority described in paragraph (2). SEC. 3. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989. Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended-- (1) in subsection (c)(2), by striking ``affecting a federally insured financial institution'' and inserting ``against a federally insured financial institution or by a federally insured financial institution against an unaffiliated third person''; and (2) in subsection (g)-- (A) in the subsection heading, by striking ``Subpoenas'' and inserting ``Investigations''; and (B) by amending paragraph (1)(C) to read as follows: ``(C) summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, if the Attorney General-- ``(i) requests a court order from a court of competent jurisdiction for such actions and offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material for conducting an investigation under this section; or ``(ii) either personally or through delegation no lower than the Deputy Attorney General, issues and signs a subpoena for such actions and such subpoena is supported by specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant for conducting an investigation under this section.''. | Financial Institution Customer Protection Act of 2016 This bill prohibits a federal banking agency from formally or informally suggesting, requesting, or ordering a depository institution to terminate either a specific customer account, or group of customer accounts, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer or group of customers, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk to the institution. The "material reason" criterion shall be satisfied if an agency believes that a specific customer or group of customers poses a threat to national security, including any belief that they are involved in terrorist financing. Unless the appropriate agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described below, the bill deems the criteria addressing "material reason" to be met if the agency believes a customer or group of customers is, or is acting as, a conduit for an entity which: poses a threat to national security; is involved in terrorist financing; is an agency of the government of Iran, North Korea, Syria, or any country listed from time to time on the state sponsor of terrorism list; is either located in, or subject to the jurisdiction of, any of such countries; or does business with any entity located in such countries. If an appropriate federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the customer or customers of the justification for the termination. No notice may be given to the customer, however, if the agency requests or orders a depository institution to terminate a customer account (or a group of customer accounts) based upon a belief that customer or those customers pose a threat to national security or are otherwise described above. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fishery Conservation Transition Act''. SEC. 2. TRANSITION TO SUSTAINABLE FISHERIES. (a) In General.--Within 180 days after the close of fishing year 2010 (within the meaning given that term in the Magnuson-Stevens Fishery conservation and Management Act (16 U.S.C. 1802 et seq.), the Secretary of Commerce shall determine, with respect to each fishery for which a fishery management plan that meets the requirements of section 303(a)(15) of that Act (16 U.S.C. 1853(a)(15)) is in effect that contains a complete prohibition on the retention of stocks subject to overfishing within the fishery for the entire fishing season, whether the prohibition is sufficient to prevent or end overfishing for the stocks, or stocks undergoing overfishing, to which it applies. (b) Remedial Action.--If the Secretary determines that the prohibition contained in such a fishery management plan is not sufficient to prevent or end overfishing for the stocks to which it applies, the Secretary may authorize retention of fish that are not undergoing overfishing within that fishery, notwithstanding that discard mortality of stocks for which retention is prohibited may be inconsistent with provisions on ending or preventing overfishing, if, within 90 days after a determination by the Secretary under subsection (a), the Regional Fishery Management Council with jurisdiction over the fishery implements-- (1) measures to minimize bycatch and bycatch mortality to the extent practicable; (2) an enhanced data collection requirement, such as an electronic logbook data collection system, for recreational, for hire, and commercial fishers; (3) a program of on-board observers for charter, for-hire, and commercial fishers that will monitor and collect data on bycatch and bycatch mortality in multispecies fisheries with prohibitions on retention on one or more species in the fisheries; and (4) in coordination with the Secretary, other measures to ensure accountability of the fishery, including those that will substantially contribute to addressing data gaps in stock assessments. (c) Additional Requirements.--The Secretary shall take such action as may be necessary to ensure that, with respect to any stock subject to overfishing in a fishery to which a determination under subsection (b) applies-- (1) a monitoring and research program to monitor the recovery of the affected stocks of fish is implemented for the fishery within 1 year after the date of enactment of this Act; (2) a stock assessment for the overfished species within the affected stocks of fish is initiated, taking into account relevant life history of the stock, within 6 months after the date on which the Secretary makes such a determination; and (3) the Regional Fishery Management Council with jurisdiction over the affected fishery submits a report to Congress and the Secretary detailing a long-term plan for reducing discard mortality of the affected stocks of fish to which a determination under subsection (a) applies within 2 years after the date of enactment of this Act. (d) Further Action Required.--If the Secretary determines that-- (1) the Regional Fishery Management Council with jurisdiction over a fishery has complied with the requirements of paragraphs (b) and (c), and (2) the fishery management plan's prohibition on the retention of stocks subject to overfishing continues to be insufficient to prevent or end overfishing for those stocks, the Secretary shall take such action as may be necessary to end overfishing for the stocks to which the prohibition applies before the end of fishery year 2015. SEC. 3. ECONOMIC ASSISTANCE PROGRAM. (a) In General.--Section 208 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891b) is amended-- (1) by striking ``and'' after the semicolon in subsection (b)(6); (2) by striking ``materia.'' in subsection (b)(7) and inserting ``materia; and''; (3) by adding at the end of subsection (b) the following: ``(8) the economic assistance program under subsection (f).''; (4) by striking ``and'' after the semicolon in subsection (c)(2)(A); (5) by striking ``section.'' in subsection (c)(2)(B) and inserting ``section; and''; (6) by adding at the end of subsection (c)(2) the following: ``(C) fees collected under permit programs for a fishery significantly affected by a prohibition on the retention of stocks to end or prevent overfishing.''; and (7) by adding at the end thereof the following: ``(f) Economic Assistance Program.-- ``(1) In general.--The Secretary shall establish an economic assistance program to assist recreational and commercial fishery participants, fishing industries, and fishing communities significantly affected by a prohibition on the retention of stocks to end or prevent overfishing or rebuild overfished stocks and use amounts in the Fund to provide such assistance. ``(2) Criteria for assistance.--In the administration of the program, the Secretary shall develop criteria for prioritizing economic assistance requests, including consideration of the conservation and management history of the fishery, the sustainability of conservation and management approaches, the magnitude of the economic impact of the retention prohibition, and community and social impacts. ``(3) Application process.--The Secretary shall develop an application process to determine eligibility for economic assistance under the program and shall consult with States whose recreational and commercial fishery participants, fishing industries, or fishing communities have been affected by the prohibition. Any person or community seeking assistance under the program shall submit an application at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(4) State matching funds.--The Federal share of assistance provided under the program to recreational and commercial fishery participants, fishing industries, or fishing communities may not exceed 75 percent. Before granting assistance under the program, the Secretary shall consult with the State in which the recipient is located and request that the State provide matching funds. The Secretary may waive, in whole or in part, the matching requirement under this paragraph.''. SEC. 4. AUTHORITY TO ACT. (a) Clarification of Emergency Authority.--Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(c)) is amended by adding at the end the following: ``(4) For purposes of this section, an emergency is a situation that results from recent, unforeseen, or recently discovered circumstances that present serious conservation or management problems in the fishery, including ecological, economic, social, or public health interests. An emergency may include increasing or decreasing a catch limit, or modifying a time or area closure or retention prohibition in response to new science or stock assessment information, but only if such action is needed to address serious conservation or management problems in the fishery.''. SEC. 5. FISHERY STUDIES AND REPORTS. Status of Fishery Report.--Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)) is amended-- (1) by inserting ``(A)'' before ``The Secretary''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii); and (3) by adding at the end the following: ``(B) In the review, the Secretary shall consider-- ``(i) a stock assessment conducted pursuant to subsection (c); ``(ii) an analysis of the local, regional, and national social and economic impacts on fishing communities and industries directly and indirectly related to the fishery; and ``(iii) fishery management measures to enhance the sustainability of stocks of fish that are overfished, and an evaluation of alternative management approaches that may be implemented to enhance such sustainability. ``(C) Stock assessment updates for each stock of fish that is overfished or undergoing overfishing shall be conducted at 2 year intervals, and a full stock assessment pursuant to subsection (c) shall be conducted no less frequently than once every 5 years. ``(D) The Secretary shall include a summary of reviews conducted under subparagraph (A) in the report required by paragraph (1) of this subsection. To the extent possible, the Secretary shall include in the report recommendations for actions that could be taken to encourage the sustainable management of stocks of fish listed in the Fish Stocks Sustainability Index.''. (b) Assessment of Current Management Measures.-- (1) In general.--The Secretary of Commerce shall conduct a study, in cooperation with the National Academy of Sciences, to determine if current fishery management measures for stocks in a multispecies fishery yield the most productive use of marine resources while effectively conserving sustainable populations and a healthy marine ecosystem. The study shall include-- (A) the identification of the statutory and regulatory impediments to achieving the maximum sustainable yield from the entire fishery; (B) the identification of fishery independent environmental stressors on the fishery; (C) the economic value derived from the yield in the fishery; and (D) alternative fishery management measures and technologies which would result in increased economic and harvest yields consistent with sound conservation. (2) Report.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Natural Resources containing the Secretary's findings, conclusions, and recommendations. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the amendments made by this Act. | Fishery Conservation Transition Act - Directs the Secretary of Commerce, for certain fisheries for which a fishery management plan is in effect that contains a complete prohibition on the retention of stocks subject to overfishing within the fishery for the entire fishing season, to determine whether such prohibition is sufficient to prevent or end overfishing for the stocks, or stocks being overfished. Sets forth provisions for specified remedial and other actions to be taken by the Secretary if the prohibition contained in such a plan is insufficient to prevent or end overfishing for the stocks to which it applies. Establishes an economic assistance program to assist recreational and commercial fishery participants, fishing industries, and fishing communities significantly affected by a prohibition on the retention of stocks to end or prevent overfishing or rebuild overfished stocks. Limits the federal share of assistance provided under the program to 75% and requires the provision of state matching funds. Provides criteria for determining the existence of an overfishing situation requiring emergency action. Requires the consideration of specified fishery studies and management measures in the review of any fishery management plan, plan amendment, or regulations relating to the rebuilding of overfished fisheries. Requires the Secretary to assess current management measures for stocks in multispecies fisheries. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Breath of Fresh Air Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) 25,000,000 people, including 7,000,000 children, have asthma. (2) Almost 13,000,000 people report having an asthma attack in the past year and asthma accounts for nearly 2,000,000 emergency department visits each year. (3) Every day in the United States-- (A) 30,000 people have an asthma attack; and (B) 11 people die from asthma. (4) Nearly 5,000,000 asthma sufferers are under 18 years of age, and 1 out of every 10 school-aged children has asthma. (5) Minorities are adversely affected by asthma, as-- (A) African-Americans are 3 times more likely to die from asthma; and (B) Hispanics may have an elevated risk for exposure to air pollution since a disproportionate number live in areas failing to meet one or more national standards for air pollutants. (It is estimated that 80 percent of Hispanics live in areas that failed to meet one United States Environmental Protection Agency air quality standard, compared to 65 percent of African-Americans and 57 percent of Whites.) SEC. 3. GRANT PROGRAM FOR NEBULIZERS. (a) Program Required.--The Secretary of Education shall carry out a program under which the Secretary makes grants to local educational agencies, to be used by the local educational agencies for one or both of the following: (1) To purchase nebulizers for use in elementary and secondary schools served by the local educational agency. (2) To provide training to enable elementary and secondary schools served by the local educational agency to meet the requirements of subsection (d)(1), but only if nebulizers are already in use at such schools or are acquired through this program. (b) Eligibility.-- (1) Local educational agencies.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) Elementary and secondary schools.--To be eligible to receive a nebulizer through a grant under this section, a school may be any public or private school served by the local educational agency, except that an Internet- or computer-based community school is not eligible. (c) Matching Funds Required.-- (1) In general.--To be eligible to receive a grant under this section, the local educational agency must provide matching funds from non-Federal sources equal to not less than 25 percent of the amount of the grant. (2) Waiver.--The Secretary shall waive the requirement of paragraph (1) for a local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the local educational agency. (d) Training and Coordination Required.--A local educational agency that receives a grant under this section shall demonstrate that, for each elementary and secondary school at which the nebulizers are to be used-- (1) there is a full-time certified school nurse on staff; (2) the school has the trained personnel and other resources necessary to use the nebulizers; (3) local paramedics and other emergency services personnel are notified where on school grounds the nebulizers are to be located; (4) the nebulizer will be integrated into the school's emergency response plan or procedures; and (5) the school has procedures in place to ensure that parents are notified of the availability of the nebulizers, how to provide their child's prescription asthma medication to the school, and how to authorize use of a nebulizer to assist their child when medically appropriate. (e) Priority.--In making grants under this section, the Secretary shall give priority to local educational agencies-- (1) having jurisdiction over a geographic area with respect to which the Director of the Centers for Disease Control and Prevention has determined that the prevalence of asthma is at least 10 percent higher than the national average; (2) that do not already have at least one nebulizer in each school served by the local educational agency; (3) serve schools at which a significant number of students, staff, and visitors are present on school grounds during a typical day; and (4) that have not received funds under the Rural Access to Emergency Devices Act (42 U.S.C. 254c note). (f) ESEA Definitions.--The terms used in this section shall have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2018. SEC. 4. CONSTRUCTION. Nothing in this Act shall be construed-- (1) to create liability for use of a nebulizer or affect liability for such use that exists under other law; or (2) to supersede a State law regulating nursing. | Breath of Fresh Air Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase nebulizers for use in their schools, and/or (2) train school personnel to use nebulizers. Requires LEA grant applicants to demonstrate that for each of their schools that are to use the nebulizers: (1) a full-time certified nurse is on staff; (2) trained personnel and other resources necessary for nebulizer use are in place; (3) emergency services personnel are notified of nebulizer locations; (4) nebulizers are integrated into the school's emergency response procedures; and (5) procedures are in place to notify parents of the availability of nebulizers, and inform them how to provide the school with their child's prescription asthma medication and authorization to use a nebulizer to assist their child. Gives grant priority to LEAs that: (1) serve areas where the prevalence of asthma is at least 10% higher than the national average; (2) do not already have at least one nebulizer in each of their schools; (3) serve schools that typically have a significant number of students, staff, and visitors present during the day; and (4) have not received funds under the Rural Access to Emergency Devices Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Preventive Services Coverage Act of 2004''. SEC. 2. COVERAGE OF ADDITIONAL PREVENTIVE SERVICES DETERMINED APPROPRIATE BY THE SECRETARY. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 642(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2322), is amended-- (1) in subparagraph (Y), by striking ``and'' after the semicolon at the end; (2) in subparagraph (Z), by adding ``and'' after the semicolon at the end; and (3) by adding at the end the following new subparagraph: ``(AA) additional preventive services (as defined in subsection (bbb)(1));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2339), is amended by adding at the end the following new subsection: ``(bbb) Additional Preventive Services.--(1) The term `additional preventive services' means items and services, including mental health services, not otherwise covered under this title that the Secretary determines to be reasonable and necessary for the prevention or early detection of an illness or disability. ``(2) In making determinations under paragraph (1), the Secretary shall-- ``(A) take into account evidence-based recommendations by the United States Preventive Services Task Force and other appropriate organizations; and ``(B) use the process for making national coverage determinations (as defined in section 1869(f)(1)(B)) under this title.''. (c) Payment and Elimination of Cost-sharing.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 302(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2229), is amended-- (A) by striking ``and'' before ``(V)''; and (B) by inserting before the semicolon at the end the following: ``, and (W) with respect to additional preventive services (as defined in section 1861(bbb)(1)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph''. (2) Elimination of coinsurance in outpatient hospital settings.-- (A) Exclusion from opd fee schedule.--Section 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)), as amended by section 614 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2306), is amended by striking ``and diagnostic mammography'' and inserting ``, diagnostic mammography, or additional preventive services (as defined in section 1861(bbb)(1))''. (B) Conforming amendments.--Section 1833(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (i) in subparagraph (F), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (G)(ii), by striking the comma at the end and inserting ``; and''; and (iii) by inserting after subparagraph (G)(ii) the following new subparagraph: ``(H) with respect to additional preventive services (as defined in section 1861(bbb)(1)) furnished by an outpatient department of a hospital, the amount determined under paragraph (1)(W),''. (3) Waiver of application of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to additional preventive services (as defined in section 1861(bbb)(1))''. (d) Inclusion as Part of Initial Preventive Physical Examination.-- Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)), as added by section 611(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2303), is amended by adding at the end the following new subparagraph: ``(L) Additional preventive services (as defined in subsection (bbb)(1)).''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date of enactment of this Act. | Medicare Preventive Services Coverage Act of 2004 - Amends part E (Miscellaneous) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug Improvement and Modernization Act of 2003, to provide for additional preventive services (including mental health services) under Medicare. Eliminates coinsurance in outpatient department (OPD) hospital settings and application of deductible with respect to additional preventive services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing CCUS Technology Act''. SEC. 2. CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION TECHNOLOGIES. (a) Amendments to the Energy Policy Act of 2005.-- (1) Fossil energy.--Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C. 16291(a)) is amended by adding at the end the following: ``(8) Improving the conversion, use, and storage of carbon dioxide produced from fossil fuels.''. (2) Coal and related technologies program.--Section 962(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(1)) is amended-- (A) by striking ``during each of calendar years 2008, 2010, 2012, and 2016, and during each fiscal year beginning after September 30, 2021,'' and inserting ``during each fiscal year beginning after September 30, 2016,''; (B) by inserting ``allow for large scale demonstration and'' after ``technologies that would''; and (C) by inserting ``commercial use,'' after ``use of coal for''. (b) Increased Accountability With Respect to Carbon Capture, Utilization, and Sequestration Projects.-- (1) DOE evaluation.-- (A) In general.--The Secretary of Energy (in this subsection referred to as the ``Secretary'') shall, in accordance with this subsection, annually conduct an evaluation, and make recommendations, with respect to each project conducted by the Secretary for research, development, demonstration, or deployment of carbon capture, utilization, and sequestration technologies (also known as carbon capture and storage and utilization technologies). (B) Scope.--For purposes of this subsection, a project includes any contract, lease, cooperative agreement, or other similar transaction with a public agency or private organization or person, entered into or performed, or any payment made, by the Secretary for research, development, demonstration, or deployment of carbon capture, utilization, and sequestration technologies. (2) Requirements for evaluation.--In conducting an evaluation of a project under this subsection, the Secretary shall-- (A) examine if the project will allow a carbon capture, utilization, and sequestration technology to advance and achieve any specific goal of the project; and (B) evaluate and determine if the project has made significant progress in advancing a carbon capture, utilization, and sequestration technology. (3) Recommendations.--For each evaluation of a project conducted under this subsection, if the Secretary determines that-- (A) significant progress in advancing a carbon capture, utilization, and sequestration technology has been made, the Secretary shall assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project; or (B) significant progress in advancing a carbon capture, utilization, and sequestration technology has not been made, the Secretary shall-- (i) assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project; (ii) assess and determine if the project has reached its full potential; and (iii) make a recommendation as to whether the project should continue. (4) Reports.-- (A) Report on evaluations and recommendations.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall-- (i) issue a report on the evaluations conducted and recommendations made during the previous year pursuant to this subsection; and (ii) make each such report available on the internet website of the Department of Energy. (B) Report.--Not later than 2 years after the date of enactment of this Act, and every 3 years thereafter, the Secretary shall submit to the Subcommittee on Energy and Power of the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on-- (i) the evaluations conducted and recommendations made during the previous 3 years pursuant to this subsection; and (ii) the progress of the Department of Energy in advancing carbon capture, utilization, and sequestration technologies, including progress in achieving the Department of Energy's goal of having an array of advanced carbon capture and sequestration technologies ready by 2020 for large-scale demonstration. | Advancing CCUS Technology Act This bill amends the Energy Policy Act of 2005 to direct the Department of Energy (DOE)to carry out research and developtechnologyto improve the conversion, use, and storage of carbon dioxide from fossil fuels. It also revises the program of research and commercial application for coal and power systems to require DOE, during each fiscal year after FY2016, to identify cost and performance goals for technologies allowing large-scale demonstration and the continued cost-competitive commercial use of coal. DOEmust annually evaluateand make recommendations regarding any project it has entered into with a public or privateentityto developcarbon capture, utilization, and sequestration technologies. DOE must report to Congress, within two years and every three years thereafter, regarding theprojectevaluations it has conductedand the progress it has made in advancing carbon capture, utilization, and sequestration technologies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish Hatchery System Volunteer Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The National Fish Hatchery System (in this Act referred to as the ``System'')-- (A) consists of more than 60 hatcheries, seven fish technology centers, 9 fish health centers, and other fisheries program offices; (B) plays an integral role in the recovery of more than 50 threatened species and endangered species and the restoration of over 100 native species; (C) provides healthy fish populations that support recreational fishing opportunities, many of which are related to Federal water control structures; and (D) works with over 250 partners to help mitigate the impacts of aquatic habitat loss and invasive species. (2) The System faces many challenges, including aging facilities, some of which date back to the late 1800s, and maintenance of intensive infrastructures such as wells, pumps, valves, pipes, filters, heaters, chillers, and treatment systems that must keep clean water moving 24 hours a day, 365 days a year. (3) By encouraging volunteer programs and donations and fostering non-Federal partnerships with hatchery facilities, Federal funding for the hatcheries can be supplemented. (4) By encouraging hatchery educational programs, public awareness of the resources of the System and public participation in the conservation of aquatic resources can be promoted. (b) Purposes.--The purposes of this Act are the following: (1) To encourage the use of volunteers to assist the United States Fish and Wildlife Service in the management of hatcheries within the System. (2) To facilitate partnerships between the System and non- Federal entities to promote public awareness of the resources of the System and public participation in the conservation of those resources. (3) To encourage donations and other contributions by individuals and organizations to the System. SEC. 3. GIFTS TO SYSTEM AND PARTICULAR NATIONAL FISH HATCHERIES. (a) Authorization of Gifts, Devises, and Bequests for System.--In furtherance of the purposes of this Act, the Secretary of the Interior may accept any gifts, devises, or bequests of real and personal property, or proceeds therefrom, or interests therein, for the benefit of the National Fish Hatchery System. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude, if such terms are deemed by the Secretary to be in accordance with law and compatible with the purpose for which acceptance is sought. (b) Use of Gifts, Devises, and Bequests.-- (1) In general.--Any gifts and bequests of money and proceeds from the sales of other property received as gifts or bequests pursuant to this subsection shall be deposited in a separate account in the Treasury and may be expended without further appropriation by the Secretary for the benefit of the System programs administered by the United States Fish and Wildlife Service. (2) Gifts, devises, and bequests for particular facilities.-- (A) Disbursal.--Any gift, devise, or bequest made for the benefit of a facility of the System shall be disbursed only for the benefit of that facility and without further appropriations. (B) Matching.--Subject to the availability of appropriations and the requirements of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and other applicable law, the Secretary may provide funds to match gifts, devises, and bequests made for the benefit of a facility of the System. With respect to each gift, devise, or bequest, the amount of Federal funds may not exceed the amount (or, in the case of property or in-kind services, the fair market value) of the gift, devise, or bequest. SEC. 4. VOLUNTEER ENHANCEMENT PILOT PROJECTS. (a) In General.--Subject to the availability of appropriations, the Secretary of the Interior shall carry out a pilot project at 1 or more facilities of the System. Each pilot project shall provide for a volunteer coordinator for the hatchery facility. The volunteer coordinator shall be responsible for recruiting, training, and supervising volunteers. The volunteer coordinator may be responsible for assisting partner organizations in developing projects and programs under cooperative agreements under section 7(d) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(d)) and coordinating volunteer activities with partner organizations to carry out the projects and programs. (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate evaluating and making recommendations regarding the pilot projects. SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT. (a) Projects and Programs.--Subject to the requirements of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and other applicable law, and such terms and conditions as the Secretary of the Interior determines to be appropriate, the Secretary may approve projects and programs for a facility of the System that-- (1) promote the stewardship of resources of the hatchery through habitat maintenance, restoration, and improvement, biological monitoring, or research; (2) support the operation and maintenance of the hatchery through constructing, operating, maintaining, or improving the facilities and services of the hatchery; (3) increase the awareness and understanding of the hatchery and the System, through the development, publication, or distribution of educational materials and products; (4) advance education concerning the purposes of the hatchery and the mission of the System, through the use of the hatchery as an outdoor classroom and development of other educational programs; or (5) contribute financial resources to the hatchery, under the terms that require that the net revenues be used exclusively for the benefit of the hatchery, through donation of net revenues from the sale of educational materials and products and through encouragement of gifts, devises, and bequests. (b) Treasury Account.--Amounts received by the Secretary of the Interior as a result of projects and programs under subsection (a) shall be deposited in a separate account in the Treasury. Amounts in the account that are attributable to activities at a particular facility of the System shall be available to the Secretary of the Interior, without further appropriation, to pay the costs of incidental expenses related to volunteer activities, and to carry out cooperative agreements for the hatchery facility. SEC. 6. HATCHERY EDUCATION PROGRAM DEVELOPMENT. (a) Guidance.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall develop guidance for the hatchery education programs to further the mission of the System and the purposes of individual hatcheries through-- (1) providing outdoor classroom opportunities for students on fish hatcheries that combine educational curricula with the personal experiences of students relating to fish, aquatic species, and their habitat, and to the cultural and historical resources of the hatcheries; (2) promoting understanding and conservation of fish, aquatic species, and the cultural and historical resources of the hatcheries; and (3) improving scientific literacy in conjunction with both formal and nonformal education programs. (b) Hatchery Programs.--Based on the guidance developed under subsection (a), the Secretary of the Interior may, with assistance from the Fish and Wildlife Management Assistance Program, develop or enhance hatchery educational programs as appropriate, based on the resources of individual hatcheries and the opportunities available for such programs in State, local, and private schools. In developing and implementing each program, the Secretary should cooperate with State and local education authorities, and may cooperate with partner organizations in accordance with subsection (d). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | National Fish Hatchery System Volunteer Act of 2006 - Authorizes the Secretary of the Interior to accept gifts for the benefit of the National Fish Hatchery System, allowing restrictive or affirmative covenants or conditions of servitude. Allows the gifts and their proceeds to be spent without further appropriation. Directs the Secretary, subject to the availability of appropriations, to: (1) carry out volunteer enhancement pilot projects at one or more System facilities; and (2) develop guidance for hatchery education programs. Authorizes the Secretary to approve community partnership enhancement projects and programs for a System facility. Directs the Secretary to develop guidance for the hatchery education programs to further the mission of the system and the purposes of individual hatcheries. Authorizes the Secretary to develop or enhance hatchery education programs. |
SECTION 1. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF 1974. (a) Test for Positive Adjustments to Import Competition.--Section 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by striking ``be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause or threaten to cause serious injury''. (b) Investigations and Determinations.--Section 202 of such Act (19 U.S.C. 2252) is amended-- (1) in subsection (b)(1)(A), by striking ``be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause or threaten to cause serious injury''; (2) by amending subsection (b)(1)(B) to read as follows: ``(B) For purposes of this section, the term `cause' refers to a cause that contributes significantly to serious injury, or the threat thereof, to the domestic industry but need not be equal to or greater than any other cause.''; (3) in subsection (c)-- (A) by amending paragraph (1)(A) to read as follows: ``(A) with respect to serious injury-- ``(i) change in the level of sales, production, productivity, capacity utilization, profits and losses, and employment, ``(ii) the significant idling of productive facilities in the domestic industry, ``(iii) the inability of a significant number of firms to carry out domestic production operations at a reasonable level of profit, and ``(iv) significant unemployment or underemployment within the domestic industry;''; (B) in paragraph (1)(B)-- (i) in clause (iii) by striking ``; and'' and inserting ``, and''; and (ii) by inserting after clause (iii) the following: ``(iv) foreign production capacity, foreign inventories, the level of demand in third country markets, and the availability of other export markets to absorb any additional exports; and''; (C) by amending paragraph (1)(C) to read as follows: ``(C) with respect to cause-- ``(i) the rate, amount, and timing of the increase in imports of the product concerned in absolute and relative terms, including whether there has been a substantial increase in imports over a short period of time, and ``(ii) the share of the domestic market taken by increased imports.''; (D) by redesignating paragraphs (3) through (6) as paragraphs (5) through (8), respectively; (E) by striking paragraph (2) and inserting the following: ``(2) In making determinations under paragraph (1)(A) and (B), if domestic producers internally transfer significant production of the article like or directly competitive with the imported article for the production of a downstream article and sell significant production of the article like or directly competitive with the imported article in the merchant market, and the Commission finds that-- ``(A) the article like or directly competitive with the imported article produced that is internally transferred for processing into that downstream article does not enter the merchant market for the article like or directly competitive with the imported article, ``(B) the article like or directly competitive with the imported article is the predominant material input in the production of that downstream article, and ``(C) the production of the article like or directly competitive with the imported article sold in the merchant market is not generally used in the production of the downstream article, then the Commission, in determining market share and the factors affecting financial performance set forth in paragraph (1)(A) and (B), shall focus primarily on the merchant market for the article like or directly competitive with the imported article. ``(3) In making determinations under subsection (b), the Commission shall-- ``(A) consider the condition of the domestic industry over the course of the relevant business cycle, but may not aggregate the causes of declining demand associated with a recession or economic downturn in the United States economy into a single cause of serious injury or threat of injury; and ``(B) examine factors other than imports which may cause or threaten to cause serious injury to the domestic industry. The Commission shall include the results of its examination under subparagraph (B) in the report submitted by the Commission to the President under subsection (e). ``(4) In making determinations under subsection (b), the Commission shall consider whether any change in the volume of imports that has occurred since a petition under subsection (a) was filed or a request under subsection (b) was made is related to the pendency of the investigation, and if so, the Commission may reduce the weight accorded to the data for the period after the petition under subsection (a) was filed or the request under subsection (b) was made in making its determination of serious injury, or the threat thereof.''; and (F) in paragraph (5), as so redesignated-- (i) by striking ``and (B)'' and inserting ``, (B), and (C)''; and (ii) by striking ``be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause or threaten to cause serious injury''; (4) in subsection (d)-- (A) in paragraph (1)(A)(ii), by striking ``be, or likely to be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause, or be likely to cause, or threaten to cause, or be likely to threaten to cause, serious injury''; (B) in paragraph (1)(C), in the matter following clause (ii), by striking ``a substantial cause of serious injury, or the threat thereof,'' and inserting ``causing or threatening to cause serious injury''; (C) by amending paragraph (2)(A) to read as follows: ``(2)(A) When a petition filed under subsection (a) or a request filed under subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to imports of the article identified in the petition or request, the Commission shall, not later than 45 days after the petition or request is filed, determine, on the basis of available information, whether-- ``(i) there is clear evidence that increased imports (either actual or relative to domestic production) of the article are causing or threatening to cause serious injury to the domestic industry producing an article like or directly competitive with the imported article; and ``(ii) delay in taking action under this chapter would cause damage to that industry that would be difficult to repair. In making the evaluation under clause (ii), the Commission should consider, among other factors that it considers relevant, the timing and volume of the imports, including whether there has been a substantial increase in imports over a short period of time, and any other circumstances indicating that delay in taking action under this chapter would cause damage to the industry that would be difficult to repair.''; and (D) in paragraph (2)(D), by striking ``30'' and inserting ``20''. (c) Presidential Determinations.-- (1) Action by president.--Section 203(a) of the Trade Act of 1974 (19 U.S.C. 2253(a)) is amended-- (A) in paragraph (1)(A), by striking ``and provide greater economic and social benefits than costs'' and inserting ``and will not have an adverse impact on the United States substantially out of proportion to the benefits of such action''; (B) in paragraph (2)(F), by striking the semicolon at the end of clause (iii) and inserting the following: ``except that the President shall give substantially greater weight to the factors set out in clause (i) than to those set out in clauses (ii) and (iii);''; and (C) by amending paragraph (2)(I) to read as follows: ``(I) the potential for harm to the national security of the United States; and''. (2) Implementation of action recommended by commission.-- (A) Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c)) is amended by striking ``90'' and inserting ``60''. (B) Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C. 2192(c)(1)) is amended by striking ``not counting any day which is excluded under section 154(b),'' and inserting ``counting all calendar days in the case of a resolution described in subsection (a)(1)(A), and not counting any day which is excluded under section 154(b) in the case of a resolution described in subsection (a)(1)(B),''. (d) Conforming Amendments.-- (1) Section 203(e)(6)(B) of the Trade Act of 1974 (19 U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''. (2) Section 264(c) of the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended by striking ``a substantial cause of serious injury or threat thereof'' and inserting ``causing or threatening to cause serious injury''. (3) Section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)) is amended by striking the matter that precedes paragraph (1) and inserting the following: ``(b) The 60-day period referred to in section 203(c) and the 90- day period referred to in section 407(c)(2) shall be computed by excluding--''. SEC. 2. AMENDMENTS TO SECTION 332 OF THE TARIFF ACT OF 1930. Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended by adding at the end the following: ``(h)(1) Any entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of a domestic industry that produces an article that is like or directly competitive with an imported article, may file a request with the President pursuant to paragraph (2) for the monitoring of imports of such article under subsection (g). ``(2) If the request filed under paragraph (1) alleges that an article is being imported into the United States in such increased quantities as to cause serious injury, or threat thereof, to a domestic industry, the President, within 45 days after receiving the request, shall determine if monitoring is appropriate. ``(3) If the determination under paragraph (2) is affirmative, the President shall request, under subsection (g), the Commission to monitor and investigate the imports concerned for a period not to exceed 2 years.''. SEC. 3. EARLY RELEASE OF IMPORT DATA. In order to facilitate the early identification of potentially disruptive import surges, the Director of the Office of Management and Budget may grant an exception to the publication dates established for the release of data on United States international trade in goods and services in order to permit public access to preliminary international trade import data, if the Director notifies the Congress of the early release of the data. SEC. 4. ESTABLISHMENT OF IMPORT MONITORING CENTER. Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended by adding at the end the following: ``(h) Steel Import Monitoring and Enforcement Support Center.-- There are authorized to be appropriated for a Steel Import Monitoring and Enforcement Support Center in the United States Customs Service, in addition to amounts otherwise available for such purposes, $250,000 for fiscal year 1999, and $1,000,000 for fiscal year 2000.''. SEC. 5. AMENDMENT TO TARIFF ACT OF 1930. Section 484(f) of the Tariff Act of 1930 (19 U.S.C. 1484(f)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following: ``(2) The Secretary of the Treasury, the Secretary of Commerce, and the International Trade Commission shall establish a suffix to the Harmonized Tariff Schedule of the United States for merchandise that is subject to countervailing duty orders or antidumping duty orders under title VII of this Act, or subject to actions by the President under chapter 1 of title II, or section 406, of the Trade Act of 1974.''. SEC. 6. PRODUCT MONITORING. (a) In General.--The Secretary of Commerce shall monitor imports on a monthly basis for import surges and potential unfair trade through the year 2000. Products to be monitored shall be determined by the Secretary of Commerce based on the import surge data compiled by the Secretary, but shall include, at a minimum, steel mill products and other import-sensitive products identified by United States industries or entities representative of a United States industry that meet the necessary criteria established by the Secretary. In determining whether to monitor imports of a specific product, the Secretary shall consider the percentage increase in imports, the volume or value of imports, as appropriate, the level of import penetration, and any other factors the Secretary considers necessary. (b) Reporting Requirements.--Within 30 days after the release of the official December import statistics for calendar year 1999 and for calendar year 2000, the Secretary of Commerce shall submit a report to the Congress summarizing the monitoring activities under this section for that calendar year and identifying products to be monitored in the next calendar year. In addition, in the report to the Congress covering calendar year 1999, the Secretary of Commerce shall determine whether trade conditions during the calendar year 1999 merit extending the import monitoring program beyond the program's scheduled expiration at the end of calendar year 2000. SEC. 7. ITC INVESTIGATION OF ANTICOMPETITIVE PRACTICES IN INTERNATIONAL STEEL TRADE. (a) In General.--Within 30 days after the date of the enactment of this Act, the United States International Trade Commission shall commence an investigation under section 332 of the Tariff Act of 1930-- (1) to collect information on anticompetitive practices in international steel trade; (2) to assess the adverse effects of such practices on United States producers, workers, and consumers; (3) to collect information on import licensing arrangements of other members of the World Trade Organization; and (4) to report to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the United States Trade Representative on its findings within 1 year after the date of the enactment of this Act. (b) Inclusion in National Trade Estimate Report.--The United States Trade Representatives shall include the findings of the International Trade Commission under subsection (a) in a special section of the report submitted under section 181(b) of the Trade Act of 1974 after the 1-year period beginning on the date of the enactment of this Act, in which the Trade Representative shall identify and explain any anticompetitive practices in international steel trade, evaluate the compatibility of import licensing programs with obligations under the World Trade Organization, and propose steps to be taken to address anticompetitive practices and practices inconsistent with the World Trade Organization. (c) Definitions.--For purposes of this section, the term ``anticompetitive practices in international steel trade'' means-- (1) monopolies or cartels, whether or not sanctioned by government authorities, which restrict the output, delivery, or pricing of steel products; (2) agreements between steel producers, whether or not sanctioned by government authorities, to restrict the flow of steel products or limit price competition in international steel trade; and (3) coercion or threats by manufacturers to distributors or consumers which have the effect of restricting imports of steel products. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Department of Commerce.--(1) There are authorized to be appropriated to the Department of Commerce, in addition to the amounts otherwise available for such purposes, $1,200,000 for fiscal year 1999 and $5,200,000 for fiscal year 2000 for additional staff to conduct import monitoring, subsidy enforcement, and prompt antidumping investigations under subtitle B of title VII of the Tariff Act of 1930. (b) USTR.--There is authorized to be appropriated to the Office of the United States Trade Representative, in addition to amounts otherwise available for such purposes, $250,000 for fiscal year 1999 and $750,000 for fiscal year 2000 for additional staff-- (1) to promote and defend policy with respect to United States import safeguards and countervailing or antidumping duty actions if challenged in the World Trade Organization; and (2) to identify foreign trade-distorting measures and develop policies and responsive actions to address them. (c) ITC.--There are authorized to be appropriated to the Office of the United States International Trade Commission, in addition to amounts otherwise available for such purposes, such sums as may be necessary for fiscal year 1999, and such sums as may be necessary for each of fiscal years 2000 through 2002, for additional staff to make prompt determinations under section 202 (b) and (d) of the Trade Act of 1974. | (Sec. 1) Revises certain factors the International Trade Commission (ITC) must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. Directs the ITC, when a petition filed by an industry (or a request by the President, United States Trade Representative (USTR), a resolution of specified congressional committees, or on the ITC's own motion) requesting a positive adjustment to import competition alleges that critical circumstances exist, to make a serious injury (or threat) determination with respect to such competition not later than 45 days (currently 60 days) after such petition or request is filed. Requires the President within 20 days (currently, 30 days) after receiving an affirmative determination to provide provisional relief to prevent or remedy such injury. Requires with respect to the implementation of such provisional relief that it will not have an adverse impact on the United States substantially out of proportion to the benefits of such action. Requires provisional relief recommended by the ITC to take effect upon the enactment of a joint resolution of Congress within the 60 day (currently, 90 day) period beginning on the date that the President reports to Congress on what action, if any, is to be taken. (Sec. 2) Amends the Tariff Act of 1930 to authorize an entity (including a trade association, firm, certified or recognized union, or group of workers which is representative of a domestic industry that produces an article that is like or directly competitive with an imported article) to file a request to monitor to such imports, based on a petition that alleges that an article is being imported into the United States in such increased quantities as to cause serious injury (or threat) to the domestic industry. Requires the President to determine whether to monitor within 45 days after receiving a request. (Sec. 3) Authorizes the Director of the Office of Management and Budget, in order to facilitate the early identification of potentially disruptive import surges, to grant an exception to the publication dates established for the release of data on U.S. international trade in goods and services in order to permit public access to preliminary international trade import data, if the Director notifies Congress of the early release of such data. (Sec. 4) Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to establish a Steel Import Monitoring and Enforcement Support Center in the Customs Service. (Sec. 5) Directs the Secretary of the Treasury, the Secretary of Commerce, and the ITC to establish a suffix to the Harmonized Tariff Schedule of the United States for merchandise that is subject to countervailing duty orders or antidumping duty orders. (Sec. 6) Directs the Secretary of Commerce to monitor, and report to Congress on, imports (including steel mill products and other import-sensitive products) on a monthly basis for import surges and potential unfair trade through 2000. (Sec. 7) Directs the ITC to investigate, collect information, and report to specified congressional committees on anticompetitive practices in international steel trade. Requires the ITC's findings to be included in the National Trade Estimate report. (Sec. 8) Authorizes appropriations. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Transition toward Excellence, Achievement, and Mobility through Empowerment Act of 2011'' or the ``TEAM-Empowerment Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Individualized transition plans; transition planning and services administrative units. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Evidence-based research has conclusively documented that youth with significant disabilities who were educated in inclusive settings, were exposed to work experience and career exploration, and participated in a paid work experience while in school had better postsecondary outcomes and higher rates of sustainable employment. (2) Higher rates of self-determination, in which individuals with significant disabilities and their families have direct control over the decisionmaking process in order to ensure an appropriate individualized transition strategy, lead to better outcomes. (3) Regulations and processes allowing for flexibility in the blending and braiding of government funds to ensure seamless, collaborative strategies during the transition process lead to better outcomes for individuals with significant disabilities. (4) Agency officials involved directly in the provision of supports and services during a youth's transition into adulthood and beyond must be provided additional training to become properly prepared to adequately address the individual transition needs of students with significant disabilities. (b) Purposes.--The purposes of this Act are the following: (1) Create a holistic system across multiple partners focused on successful transition of youth with significant disabilities into adulthood. (2) Create a systemic focus on achieving high expectations for all youth, through equality of opportunity, full participation through self-determination and informed choice, outcomes related to post-secondary options that lead to competitive integrated employment and economic self- sufficiency. (3) Promote innovative strategies to foster academic, professional, and social inclusion, and the solidification of long-term supports and services required to ensure full integration into the community setting. (4) Better define and coordinate specific services related to the effective transition of youth with significant disabilities. (5) Eliminate barriers and promote incentives for multiple stakeholders to collaborate and improve transition opportunities for youth with significant disabilities. SEC. 3. INDIVIDUALIZED TRANSITION PLANS; TRANSITION PLANNING AND SERVICES ADMINISTRATIVE UNITS. Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at the end the following: ``Subtitle F--Adult Transition System ``SEC. 171. DEFINITIONS. ``In this subtitle: ``(1) The term `asset development' means a strategy to assist low-income workers and job seekers, including individuals with disabilities, move toward economic security and greater financial self-sufficiency through income preservation, effective money and credit management, the pursuit of post-secondary education, the purchase of a home, business startup and growth, and the setting aside of resources for longer-term needs and retirement. ``(2) The term `individualized education program' has the meaning given such term in section 602 of the Individuals with Disabilities Education Act. ``(3) The term `integrated employment' means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability-- ``(A) interacts or has the opportunity to interact continuously with nondisabled co-workers; ``(B) has an opportunity for advancement and mobility; and ``(C) is preferably engaged in full-time employment. ``(4) The term `ITP' means an individual transition plan developed under section 173. ``(5) The term `local educational agency' has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(6) The term `secondary school' has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(7) The term `State intellectual and developmental disabilities agency' means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. ``(8) The term `TPS administrative unit' refers to the transition planning and services administrative unit of a State established in accordance with section 174. ``(9)(A) The term `transition services' means a coordinated set of activities for a student, designed within an outcome- oriented process, that promotes movement from school to post school activities, including postsecondary education, vocational training, integrated employment (including supported employment and customized employment), continuing and adult education, adult services, asset development services, independent living, or community participation. ``(B) The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives; school-based preparatory experiences, career preparation, and integrated work-based learning experiences (inclusive of in- school, after school and work experiences outside the traditional school setting where other youth without disabilities are engaged in similar activities); youth development and leadership; connecting activities; training in self-advocacy, self-determination skills, and peer mentoring; family involvement and supports; and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ``(C) Such term does not include the use of facility-based employment and activity settings, such as sheltered workshops, day habilitation centers, and enclave work settings. Additionally, the coordinated set of activities should lead to the attainment of at least one of the following outcomes: post- secondary education, long-term integrated employment (including supported employment or customized employment), asset development, independent living, and community participation. ``SEC. 172. STATE ASSISTANCE. ``For each fiscal year, the Secretary, acting through the Commissioner of the Administration on Developmental Disabilities, shall-- ``(1) make grants on a competitive basis to States that agree to carry out the activities required of States under this subtitle; and ``(2) among the States receiving grants under paragraph (1), allocate payments pursuant to a formula that-- ``(A) is established by the Secretary, acting through the Commissioner; and ``(B) takes into consideration an estimate of the number of individuals to be served under this subtitle in each State. ``SEC. 173. INDIVIDUALIZED TRANSITION PLANS. ``(a) In General.--Each State that receives assistance under this subtitle shall, with respect to each individual with a developmental disability in the State who is making the transition from the secondary school system into adulthood, develop, and assist in the implementation of, an individual transition plan to coordinate transition services intended to assist the individual in achieving the outcomes of integrated employment, postsecondary education, independent living, and community engagement. ``(b) Formulation.--An ITP shall be-- ``(1) coordinated with any pre-existing transition services being provided to the individual as a result of an individualized education program developed for the individual prior to exiting secondary school pursuant to the Individuals with Disabilities Education Act; ``(2) developed not later than 30 days after the date on which the individual graduates from or otherwise exits the State's secondary school system; and ``(3) applicable through the date on which the individual attains 26 years of age; ``(4) reviewed annually and updated as needed; and ``(5) developed during in-person meetings that-- ``(A) are led by the TPS administrative unit of the State intellectual and developmental disabilities agency established under section 174; and ``(B) at a minimum, include the following stakeholders: the individual, the individual's family, a transition broker (as described in section 174), a representative of the State vocational rehabilitation agency, relevant service providers that are contracted by the State or chosen by the individual and the individual's family or guardian to provide transition services, the transition coordinator of the local educational agency (where available, during the first year the individual exits the secondary school system), assistive technology experts (as appropriate), and representatives of the workforce development sector. ``(c) Contents.--An ITP shall include strategies for the implementation of service models and practices with documented effectiveness that-- ``(1) address and emphasize the 5 areas of postsecondary educational experiences, career preparation and work-based learning experiences, development and leadership, connecting activities, and family involvement and supports; ``(2) identify the needs of the individual in each of these 5 areas and articulate how the State and its agencies will meet those needs; and ``(3) will advance economic self-sufficiency with specific asset development goals and identify specific tools for advancing economic self-sufficiency, such as favorable tax benefits, work incentives, matched savings plans, education financing, and effective strategies to manage a budget, money, and credit. ``SEC. 174. TRANSITION PLANNING AND SERVICES ADMINISTRATIVE UNIT. ``(a) Establishment.--Each State that receives assistance under this subtitle shall establish and maintain a transition planning and services (TPS) administrative unit within the State intellectual and developmental disabilities agency. ``(b) Responsibilities.--The primary focus of a TPS administrative unit shall be to assist individuals with a developmental disability in the State to make the transition from the secondary school system into adulthood. The responsibilities of the TPS administrative unit shall include the following: ``(1) Individual transition plan.--The TPS administrative unit shall have responsibility for developing and assisting in the implementation of ITPs. ``(2) Transition brokers.-- ``(A) In general.--The TPS administrative unit shall employ or otherwise secure the services of transition brokers. ``(B) Role.--A transition broker of the TPS administrative unit shall-- ``(i) facilitate coordination among State agencies in the development of ITPs; and ``(ii) provide assistance to individuals with developmental disabilities, consistent with the individual's ITP, in navigating the complex system of supports and services available through Federal and State programs. ``(C) Qualifications.--To be eligible to serve as a transition broker of the TPS administrative unit, an individual shall possess two or more of the following qualifications: ``(i) Expertise relating to individuals with developmental disabilities, benefits planning, the provision of transition services, employment and job development, and negotiating among various State stakeholders. ``(ii) Experience with and knowledge of the generic workforce development sector, vocational rehabilitation, and job development. ``(iii) Knowledge and expertise in the use of tools to advance asset development and economic self-sufficiency, including favorable tax benefits, work incentives, matched savings plans, education financing, and effective strategies to manage a budget, money, and credit. ``(iv) Knowledge about self-direction and person-centered planning processes. ``(D) Assignment.--A transition broker of the TPS administrative unit shall be assigned to an individual upon-- ``(i) the individual or the individual's family or guardian selecting the broker; and ``(ii) the State intellectual and developmental disabilities agency approving the selection. ``(3) Self-advocacy, self-determination skills, and peer mentoring.--The TPS administrative unit shall offer strategies and training to individuals with developmental disabilities and their families regarding self-advocacy, self-determination skills, and peer mentoring to improve the ability of such individuals to advocate and negotiate on their own behalf. ``(4) Effective information and resources.--The TPS administrative unit shall provide information to individuals with developmental disabilities and their families on Federal and State services, supports, and regulations, including with respect to asset development, insurance and benefit programs, financial savings tools, and asset or income limits that affect eligibility for Federal and State means-tested services, supports, or programs. Such information shall be easily understood and updated on a quarterly basis each year. ``(c) Fostering Multiagency Collaboration.--The State intellectual and developmental disabilities agency of each State that receives assistance under this subtitle shall facilitate memoranda of understanding among key State agencies for the purpose of coordinating and improving the services and supports provided by such agencies to individuals with developmental disabilities during the transition into adulthood. ``SEC. 175. ANNUAL REPORT. ``Not later than the end of fiscal year 2012, and annually thereafter, the Secretary shall submit a report to the Congress containing an evaluation of the implementation and effectiveness of this subtitle, including an evaluation of-- ``(1) the number of individuals in each State who had an ITP developed on their behalf over the past fiscal year; ``(2) progress made at the individual level in implementing the objectives of ITPs developed since the date of enactment; and ``(3) with respect to individuals for whom an ITP is developed, their employment status, education status, income level, race, gender, and current residence. ``SEC. 176. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this subtitle, there is authorized to be appropriated $50,000,000 for each of fiscal years 2012 through 2016.''. | Transition toward Excellence, Achievement, and Mobility through Empowerment Act of 2011 or the TEAM-Empowerment Act of 2011 - Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to direct the Secretary of Health and Human Services (HHS) to award competitive grants to states for the development and implementation of an individual transition plan (ITP) for each individual with a developmental disability in the state who is transitioning from secondary school into adulthood. Requires ITPs to assist the developmentally disabled achieve integrated employment, postsecondary education, independent living, and community engagement. Requires each grantee to establish a transition planning and services (TPS) administrative unit within its intellectual and developmental disabilities agency to develop, and assist in the implementation of, ITPs. Requires that unit to offer strategies, training, and information to the developmentally disabled and their families that facilitates their participation in the transition process. States that ITPs are to: (1) apply until an individual's 26th birthday; (2) be reviewed annually and updated as needed; (3) be developed during in-person meetings that include the individual and his or her family; and (4) address the individual's needs in the areas of postsecondary education, career preparation and work-based learning, development and leadership, connecting activities, and family involvement and supports. Requires the TPS administrative unit to use transition brokers to: (1) facilitate coordination among state agencies in the development of ITPs; and (2) assist the developmentally disabled, consistent with their ITPs, in navigating the complex system of supports and services available through federal and state programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Research Integration Act''. SEC. 2. ENERGY AND WATER RESEARCH AND ASSESSMENT. (a) In General.--The Secretary of Energy shall assess each of the energy research, development, and demonstration programs and projects of the Department of Energy and identify those programs and projects into which it is appropriate to integrate water considerations. In carrying out this section the Secretary shall, as appropriate-- (1) seek to advance energy and energy efficiency technologies and practices that would-- (A) minimize freshwater withdrawal and consumption; (B) increase water use efficiency; and (C) utilize nontraditional water sources with efforts to improve the quality of that water; (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. (b) Strategic Plan.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall develop a Strategic Plan (in this section referred to as the ``Strategic Plan'') outlining the research, development, and demonstration needs for the programs and projects identified under subsection (a), in accordance with subsections (a) through (c) of this section, as appropriate. (2) Milestones and specific considerations.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall evaluate and, as appropriate, establish technical milestones for-- (A) new advanced cooling technologies for energy generation and fuel production technologies; (B) performance improvement of existing cooling technologies and cost reductions associated with using those technologies; (C) innovative water reuse, recovery, and treatment in energy generation and fuel production; (D) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (E) technologies that are life-cycle cost effective; (F) systems analysis and modeling of issues relating to the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (G) technologies to treat and utilize produced waters discharged from oil, natural gas, coalbed methane, and mining activities; (H) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (I) biomass production and utilization and the impact on hydrologic systems; (J) technologies that reduce impacts on water from energy resource development; (K) increases in energy efficiency of water distribution and collection systems; (L) technologies for energy generation from water distribution and collection systems; and (M) any other area of the energy-water nexus that the Secretary considers appropriate. (3) Interagency collaboration and nonduplication.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall, where appropriate, work collaboratively with other Federal agencies operating related programs and avoid duplication. (4) Intra-agency coordination and nonduplication.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall coordinate and avoid duplication of activities across programs and projects of the Department of Energy, including with those of the National laboratories. (5) Relevant information and recommendations.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall consider and incorporate, as appropriate, relevant information and recommendations, including those of the National Water Availability and Use Assessment Program under section 9508(d) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(d)). (6) Nongovernmental participation.--In carrying out the development and updating of the Strategic Plan in accordance with this subsection, the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions and industry who have expertise in technologies and practices relating to the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. (7) Submission to congress.--Not later than 9 months after the date of enactment of this Act, the Secretary shall submit to Congress the Strategic Plan. (8) Updating the strategic plan.--Not later than 3 years after the date of enactment of this Act, the Secretary shall utilize relevant information produced by Federal Government agencies, academia, and industry to update the Strategic Plan, and submit a report to Congress describing the changes from the initial Strategic Plan. (c) Implementation.-- (1) In general.--The Secretary of Energy shall implement the Strategic Plan, as appropriate, in carrying out energy research, development, and demonstration programs of the Department of Energy. (2) Application to projects.--Not later than 3 months after the submission of the report to Congress in subsection (b)(7)), the Secretary shall as appropriate apply the Strategic Plan to projects-- (A) identified as the most energy and water intensive; and (B) with the most potential to achieve the purposes of this section. (3) Delay or disruption.--In carrying out this subsection, the Secretary shall ensure that no program or project of the Department is unnecessarily delayed or disrupted. (d) Reports.--Not later than 2 years after the date of enactment of this Act, and at least once every 2 years thereafter, the Secretary shall transmit to Congress a report on its findings and activities under this section. (e) Additional Activities.--The Secretary may provide for such additional research, development, and demonstration activities as may be appropriate to integrate water considerations into the research, development, and demonstration activities of the Department as described in subsection (a). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $60,000,000 for each of the fiscal years 2011 through 2015. SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL. (a) In General.--The Secretary of Energy, in coordination with other relevant Federal agencies, shall establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. The Council shall consist of-- (1) representation from each Federal agency that conducts research related to energy and water resource data; and (2) non-Federal members, including representatives of research and academic institutions and industry, who have expertise in technologies and practices relating to the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. (b) Functions.--The Council shall-- (1) make recommendations on the development of data collection and data communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (2) recommend ways to make improvements to Federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops, including at least one regional workshop annually, to facilitate information exchange among Federal, State, and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (c) Reports.--Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Council, through the Secretary of Energy, shall transmit to the Congress a report on its findings and activities under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $5,000,000 for each of the fiscal years 2011 through 2015. SEC. 4. LIMITATION ON FEDERAL REGULATIONS. Nothing in this Act shall be construed to allow the establishment of regulations by the Federal Government that would infringe or impair the use of water by State, tribal, or local governments. SEC. 5. MANDATES. Nothing in this Act shall be construed to require State, tribal, or local governments to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments. SEC. 6. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Secretary of Energy shall coordinate activities under this Act with other programs of the Department of Energy and other Federal research programs. Passed the House of Representatives December 1, 2009. Attest: LORRAINE C. MILLER, Clerk. | Energy and Water Research Integration Act - (Sec. 2) Directs the Secretary of Energy to identify each of the Department of Energy's (DOE's) energy research, development, and demonstration programs and projects into which it is appropriate to integrate water considerations. Requires the Secretary to: (1) seek to advance energy and energy efficiency technologies and practices that would minimize freshwater withdrawal and consumption, increase water use efficiency, and utilize nontraditional water sources with efforts to improve water quality; and (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States. Requires the Secretary to develop, submit to Congress within nine months, and update every three years a Strategic Plan outlining the research, development, and demonstration needs of such programs and projects. Requires the Secretary to evaluate and establish technical milestones for: (1) new advanced cooling technologies for energy generation and fuel production technologies; (2) performance improvement and cost reductions of cooling technologies; (3) innovative water reuse, recovery, and treatment in energy generation and fuel production; (4) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (5) technologies that are life-cycle cost effective; (6) systems analysis and modeling of issues relating to the energy required to provide water supplies and the water required to provide reliable energy supplies; (7) technologies to treat and utilize produced waters discharged from oil, natural gas, coal-bed methane, and mining activities; (8) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (9) biomass production and utilization and the impact on hydrologic systems; (10) technologies that reduce impacts on water from energy resource development; (11) increases in energy efficiency of water distribution and collection systems; and (12) technologies for energy generation from such systems. Requires the Secretary to: (1) implement the Strategic Plan in carrying out DOE energy research, development, and demonstration programs; and (2) report to Congress every two years on findings and activities under this Act. Authorizes appropriations. (Sec. 3) Directs the Secretary to establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Requires the Council to: (1) make recommendations on the development of data collection and communication standards and protocols to entities engaged in collecting data for the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (2) recommend ways to make improvements to federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops to facilitate information exchange among federal, state, and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (Sec. 4) Provides that nothing in this Act shall be construed to: (1) allow the establishment of regulations by the federal government that would infringe or impair the use of water by state, tribal, or local governments; and (2) require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use. (Sec. 6) Directs the Secretary to coordinate activities under this Act with other DOE programs and other federal research programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Control Unlawful Fugitive Felons Act of 2013''. SEC. 2. REVISIONS TO PROVISIONS LIMITING PAYMENT OF BENEFITS TO FUGITIVE FELONS UNDER TITLES II, VIII, AND XVI OF THE SOCIAL SECURITY ACT. (a) Title II Amendments.-- (1) Fugitive felon warrant requirement.--Section 202(x)(1)(A)(iv) of the Social Security Act (42 U.S.C. 402(x)(1)(A)(iv)) is amended-- (A) by striking ``fleeing to avoid'' and inserting ``the subject of an arrest warrant for the purpose of''; (B) by striking ``the place from which the person flees'' the first place it appears and inserting ``the jurisdiction issuing the warrant''; and (C) by striking ``the place from which the person flees'' the second place it appears and inserting ``the jurisdiction''. (2) Probation and parole violator warrant requirement.-- Section 202(x)(1)(A)(v) of the Social Security Act (42 U.S.C. 402(x)(1)(A)(v)) is amended to read as follows: ``(v) is the subject of an arrest warrant for violating a condition of probation or parole imposed under Federal or State law.''. (b) Title VIII Amendments.-- (1) Fugitive felon warrant requirement.--Section 804(a)(2) of such Act (42 U.S.C. 1004(a)(2)) is amended-- (A) by striking ``fleeing to avoid'' and inserting ``the subject of an arrest warrant for the purpose of''; (B) by striking ``the jurisdiction within the United States from which the person has fled'' and inserting ``any jurisdiction within the United States''; and (C) by striking ``place from which the person has fled'' and inserting ``jurisdiction issuing the warrant''. (2) Probation and parole warrant requirement.--Section 804(a)(3) of the Social Security Act (42 U.S.C. 1004(a)(3)) is amended to read as follows: ``(3) during any part of which the individual is the subject of an arrest warrant for violating a condition of probation or parole imposed under Federal or State law; or''. (3) Disclosure.--Section 804 of such Act (42 U.S.C. 1004) is amended by adding at the end the following: ``(c) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1106(c) of this Act), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon written request of the officer, with the current address, Social Security number, and photograph (if applicable) of any individual who is a recipient of (or would be such a recipient but for the application of paragraph (2) or (3) of subsection (a)) benefits under this title, if the officer furnishes the Commissioner with the name of the individual and other identifying information as reasonably required by the Commissioner to establish the unique identity of the individual, and notifies the Commissioner that-- ``(1) the individual is described in paragraph (2) or (3) of subsection (a); and ``(2) the location or apprehension of such individual is within the officer's official duties.''. (c) Title XVI Amendments.-- (1) Fugitive felon warrant requirement.--Section 1611(e)(4)(A)(i) of such Act (42 U.S.C. 1382(e)(4)(A)(i)) is amended-- (A) by striking ``fleeing to avoid'' and inserting ``the subject of an arrest warrant for the purpose of''; (B) by striking ``the place from which the person flees'' the first place it appears and inserting ``the jurisdiction issuing the warrant''; and (C) by striking ``the place from which the person flees'' the second place it appears and inserting ``the jurisdiction''. (2) Probation and parole warrant requirement.--Section 1611(e)(4)(A)(ii) of the Social Security Act (42 U.S.C. 1382(e)(4)(A)(ii)) is amended to read as follows: ``(ii) the subject of an arrest warrant for violating a condition of probation or parole imposed under Federal or State law''. (3) Disclosure.--Section 1611(e)(5) of such Act (42 U.S.C. 1382(e)(5)) is amended-- (A) by striking ``any recipient of'' and inserting ``any individual who is a recipient of (or would be such a recipient but for the application of paragraph (4)(A)''; and (B) by striking ``the recipient'' each place it appears and inserting ``the individual''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall be effective with respect to benefits payable under the Social Security Act for months that begin after 270 days following the date of enactment of this Act. | Control Unlawful Fugitive Felons Act of 2013 - Amends titles II (Old Age, Survivors, and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act to prohibit from receiving benefits under those titles any individual who is the subject of: (1) an outstanding arrest warrant for a felony, or (2) an outstanding arrest warrant for violating a condition of prohibition or parole imposed under federal or state law. Directs the Commissioner of Social Security to furnish any federal, state, or local law enforcement officer, upon written request, with the current address, Social Security number, and photograph of any recipient of title VIII benefits if the officer furnishes the Commissioner with the individual's name and other identifying information as reasonably required to establish the individual's unique identity, and notifies the Commissioner that: (1) the individual is fleeing to avoid prosecution, or custody or confinement after conviction, or the individual is violating a condition of probation or parole; and (2) the location or apprehension of such individual is within the officer's official duties. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Warrior Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The report of the Department of Defense Science Board Task Force on Resilient Military Systems and the Advanced Cyber Threat finds that ``[i]t is not clear that high-end cyber practitioners can be found in sufficient numbers within typical recruitments pools''. (2) The report recommends that ``[t]he Department must scale up its efforts to recruit, provided facilities and training, and use effectively these critical people''. (3) The National Guard has the authority to operate on active duty under title 10, United States Code, and in National Guard status under title 32, United States Code. (4) The National Guard can leverage the expertise of private sector information technology (IT) specialists and help retain the capability of retiring military personnel trained in cybersecurity matters. (5) The National Guard in its status under title 32, United States Code, supports the Department of Homeland Security and the Governors of the States in responding to natural disasters. SEC. 3. ENHANCEMENT OF PREPARATION FOR AND RESPONSE TO CYBER EMERGENCIES. (a) Establishment of Cyber and Computer Network Incident Response Teams.-- (1) In general.--The Secretary of Defense shall establish in each of the several States and the District of Columbia a separate team of members of the National Guard under section 12310(d) of title 10, United States Code (as amended by subsection (b)), and section 510 of title 32, United States Code (as added by subsection (c)), to perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. (2) Designation.--Each team established under paragraph (1) shall be known as a ``Cyber and Computer Network Incident Response Team''. (b) Use of Active National Guard Personnel.--Section 12310 of title 10, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Operations Relating to Protection of Public and Private Cyber Infrastructure.--(1) Notwithstanding subsection (b), a member of the National Guard on active duty as described in subsection (a), or a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in connection with functions referred to in subsection (a), may perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. ``(2) The duties of members under this subsection may include duties to assist the combatant commands in developing and expanding their capacity relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. ``(3) The duties performed by members under this subsection may be performed for or in support of cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. ``(4) Notwithstanding section 502(f) of title 32, the costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a member of the National Guard performing duties under this subsection shall be paid from the appropriation that is available to pay such costs for members of the regular component of the armed force of that member. ``(5) Members of the National Guard on active duty who are performing duty described in this subsection shall be counted against the annual end strength authorizations required by section 115(a)(1) of this title. The justification materials for the defense budget request for a fiscal year shall identify the number and component of members of the National Guard programmed to be performing duties described in this subsection during that fiscal year. ``(6) Members may not perform duties under this subsection unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the members possess the requisite skills, training, and equipment to be proficient in all mission requirements.''. (c) Use of National Guard Personnel Performing Training or Drill.-- (1) In general.--Chapter 5 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 510. Preparation for and response to cyber emergencies ``Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, members of the National Guard performing training or drill required by this chapter may perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network, including in connection with cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item: ``510. Preparation for and response to cyber emergencies.''. (d) Homeland Defense Activities.-- (1) In general.--Chapter 9 of title 32, United States Code, is amended by inserting after section 902 the following new section: ``Sec. 902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies ``(a) In General.--The homeland defense activities for which funds may be provided under this chapter shall include the following: ``(1) The provision by units or members of the National Guard of education and training for State and local law enforcement and governmental personnel on analysis and protection to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. ``(2) Upon the order of the Governor of the State, the performance by units or members of the National Guard of activities being undertaken by the State government and local governments in the State on analysis and protection to prepare for and respond to emergencies described in paragraph (1). ``(b) Members Authorized To Perform Activities.--The members of the National Guard who may perform activities authorized by this section are members on full-time National Guard duty under section 502(f) of this title. ``(c) Performance in Connection With Cyber and Computer Network Incident Response Teams.--The activities performed by members under this section may be performed for or in support of cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. ``(d) Inapplicability of Certain Requirements and Limitations.--The performance of activities under this section by members of the National Guard shall not be subject to the requirements and limitations in subsections (b), (c), and (d) of section 904 of this title. ``(e) Definitions.--In this section: ``(1) The term `Governor', in the case of the District of Columbia, means the commanding general of the District of Columbia National Guard. ``(2) The term `State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Territories of the United States.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 902 the following new item: ``902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies.''. (e) Training on Cyber Duties.-- (1) In general.--The Secretary of the Army and the Secretary of the Air Force shall ensure that the training provided to members of the Army National Guard and the Air National Guard, respectively, on analysis and protection to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network shall, to the extent practicable, be equivalent to the training provided members of the regular component of the Army and the Air Force on such matters. (2) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the training provided to members of the Army National Guard and the Air National Guard pursuant to paragraph (1) on the matters described in that paragraph. Each report shall include a description of the training currently provided to members of the Army National Guard and the Air National Guard on such matters, and such recommendations as the Secretary considers appropriate for improvements to such training in order to better align such training for members of the Army National Guard and the Air National Guard, on the one hand, and members of the regular component of the Army and the Air Force, on the other. (f) Additional Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the following: (1) A description and assessment of various mechanisms to recruit and retain members of the regular components and reserve components of the Armed Forces with expertise in computer network defense and operations, including modifications of the curricula for the Reserve Officers' Training Corps programs, enhanced opportunities for individuals to select their preferred Armed Force of accession, payment of recruitment and retention bonuses, the provision of educational scholarships and stipends, and enhanced funding of training and certification programs. (2) An assessment of the circumstances (including short- term deployment, virtual deployment, or both) under which members of the reserve components with computer network defense duties can be managed without the geographic relocation of such members. (3) A description of the training requirements and physical demands, if any, for military occupational specialties relating to computer network defense. | Cyber Warrior Act of 2013 - Directs the Secretary of Defense (DOD) to establish in each state and the District of Columbia a separate team of National Guard members to be known as the Cyber and Computer Network Incident Response Team to perform analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. Authorizes National Guard members to assist the combatant commands in developing and expanding their capacity to prepare for and respond to such events. Prohibits members from performing such duties unless the Secretary certifies to Congress that the members possess the requisite skills, training, and equipment to be proficient in all mission requirements. Requires the homeland defense activities for which the Secretary is authorized to provide funds to a governor for National Guard units to include: (1) the National Guard's provision of cyber emergency education and training for state and local law enforcement and governmental personnel; and (2) upon a governor's order, the National Guard's performance of activities undertaken by state and local governments to prepare for and respond to such emergencies. Sets forth requirements for the Secretaries of the Army and the Air Force to provide appropriate cyber training to members of the Army National Guard and Air National Guard. |
SECTION 1. COMPENSATION FOR UNITED STATES CITIZENS TAKEN HOSTAGE BY TERRORISTS OR STATE SPONSORS OF TERRORISM. (a) In General.--In accordance with such procedures as the President may by regulation establish, the President or his designee shall receive the claims of, and pay compensation to, any national of the United States, or to the estate of any such national, who-- (1) as of the date of enactment of this Act has a claim pending in a court of the United States against a foreign state seeking compensation for injuries caused by an act of hostage- taking or has obtained a judgment on such a claim that has not been fully satisfied; (2) at any time on or after August 2, 1990, and while not serving on active duty in the Armed Forces of the United States, was taken hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110(EGS) in the United States District Court for the District of Columbia. (b) Limit on Amount of Award.--The amount that may be awarded to any person seeking compensation under this section shall not exceed $500,000, adjusted to reflect the annual percentage change in the Consumer Price Index, from the date on which the hostage-taking occurred to the date on which compensation is paid. (c) Type of Award.--Subject to the limit in subsection (b), any person seeking compensation for hostage-taking under this section shall be awarded the following amounts with respect to which the United States shall enjoy full subrogation rights in the event such person obtains any recovery in litigation or otherwise as a result of such hostage-taking: (1) In the case of any person who has been issued a final judgment for compensatory damages, the unsatisfied amount of such judgment. (2) In the case of any person who survived his captivity and who has not been issued a final judgment for compensatory damages, $10,000 per day for each day that such person was held or, if he died or was tortured during the course of his captivity, the maximum amount in subsection (b). (d) Prohibition on Civil Actions Against Foreign States.--A person who has accepted compensation under subsection (c)(2) may not commence or maintain in a court of the United States a civil action seeking compensation for such injuries or damages associated with such hostage taking against a foreign state or its agencies or instrumentalities. (e) Definitions.--In this section: (1) Hostage taking.--The term ``hostage taking'' has the meaning given that term in Article 1 of the International Convention Against the Taking of the Hostages and includes any act that caused a person to be in ``hostage status'' within the meaning of section 599C(d)(1) of Public Law 101-513. (2) Terrorist party.--The term ``terrorist party'' has the meaning given that term in the Terrorism Risk Insurance Act (section 201(d)(4) of Public Law 107-297) and includes any person, organization, or foreign state that was designated as such either at the time or as a result of the act of hostage- taking for which compensation is sought. (f) Funding.--Funds sufficient to pay persons to whom compensation is due under this section shall be made available from the Hostage Victims Fund, into which the President shall direct deposits, in proportions the President so allocates in the discretion of the President, from-- (1) the ``blocked assets'' of terrorist parties, as that term is defined in the Terrorism Risk Insurance Act (section 201(d)(2) of Public Law 107-297); (2) amounts received by the United States by reason of any legal action taken by the United States against any person relating to improper conduct in connection with the Oil for Food Program of the United Nations, including any fines, forfeitures or disgorgements of amounts received through any activity related to said Program; or (3) amounts received as a result of any fine or forfeiture obtained from any person or entity in connection with a violation of-- (A) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) section 5(b) of the Trading With the Enemy Act (50 U.S.C. App 5(b)); (C) the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Public Law 107-56; 115 Stat. 272); (D) the Bank Secrecy Act (codified at title 12 U.S.C. 1829 (b) and 1951-1959 and 31 U.S.C. 5311-5313 and 5316-5332); (E) the Export Administration Act (50 U.S.C. App. 2401-2410); or (F) any regulations promulgated under an Act listed in subparagraphs (A) through (E). (g) Additional Compensation for Victims of Iranian Hostage Taking in Tehran.--In addition to any amounts that may be awarded under subsection (c), the President or his designee shall from monies deposited for Iran in the Iran Foreign Military Sales Fund account within the Foreign Military Sales Fund (including any amounts accrued as interest thereon)-- (1) pay any person who qualifies for payment under subsection (a)(3) who was taken hostage by the Islamic Republic of Iran on November 4, 1979 additional compensation of $500,000, adjusted to reflect the annual percentage change in the Consumer Price Index, from the date on which the hostage taking occurred to the date on which the compensation is paid; and (2) pay any person who was, at the time of such hostage- taking, the spouse or child of such person, 50 percent of the total amount of compensation paid to the hostage. | Authorizes the President to compensate a U.S. national, or his or her estate, who: (1) has a claim pending in U.S. court against a foreign state seeking compensation for injuries caused by an act of hostage-taking, or has obtained a judgment on such a claim that has not been fully satisfied; (2) on or after August 2, 1990, and while not serving on active duty in the U.S. Armed Forces, was taken hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110(EGS) in the U.S. District Court for the District of Columbia. Bars a person who has accepted compensation under this Act from commencing or maintaining a U.S. civil action seeking compensation for such injuries or damages associated with such hostage taking against a foreign state or its agencies or instrumentalities. Funds compensation under this Act from the Hostage Victims Fund, into which the President shall direct deposits from: (1) blocked assets of terrorist parties; (2) amounts received against any person in connection with the U.N. Oil for Food Program; or (3) amounts received as a result of any fine or forfeiture in connection with a violation of the International Emergency Economic Powers Act, the Trading With the Enemy Act, the USA PATRIOT Act of 2001, the Bank Secrecy Act, or the Export Administration Act. Provides additional compensation for victims of the 1979 Iranian hostage taking in Tehran, including spouses and children of persons taken captive. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mitigation Fisheries 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. They provide inexpensive energy, flood control, water storage for municipal and agricultural purposes, and opportunities for recreational boating and enjoyment. The construction and operation of these Federal water resources 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. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the United States Fish and Wildlife 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 Service currently operates fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resources development projects. (4) Inconsistency in authorities to construct and operate Federal water resources development projects has led to a myriad of mechanisms for funding and conducting Federal mitigation fishery activities. In most cases, Federal water project development agencies fund mitigation fishery costs. In some cases, the Service expends its appropriations to offset or completely pay for mitigation fishery costs. (5) The Service is the Federal agency through which a water development agency will negotiate to provide reimbursement funding or goods and services (or both) to compensate for the impact of Federal water development projects on aquatic resources. (6) The water development agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. Where applicable, the water development agency should include the costs of fisheries mitigation caused by a particular water development project as set forth in a fishery mitigation plan, when eliciting reimbursement from a power management agency for the ongoing cost of maintaining and operating that water development project. SEC. 3. MITIGATION FISHERY ACTIVITIES. (a) Imposition of Charges.--The Director of the Service shall impose a charge for conducting mitigation fishery activities. (b) Fishery Mitigation Plans.-- (1) Development.--A charge imposed by the Service under subsection (a) shall be paid by a water development agency in accordance with a fishery mitigation plan developed and approved by the Director and the head of the agency. (2) Contents.--A fishery mitigation plan developed under this subsection shall-- (A) describe the long-term goals and annual targets under which the Service will conduct mitigation fishery activities in connection with projects carried out by a water development agency; (B) establish charges to be imposed by the Service on the agency for conducting the mitigation fishery activities; and (C) include the terms under which the agency will make payments on the charges to the Service. (3) Participation of states and indian tribes.--A fishery mitigation plan under this section shall be developed in cooperation and coordination with affected States and Indian tribes. (4) Renegotiation.--The Director of the Service and the head of a water development agency shall renegotiate a fishery mitigation plan under this subsection every 3 years to adjust for changing mitigation fishery costs covered by the plan. (c) Amount of Charges.--Charges imposed by the Service for conducting mitigation fishery activities shall be reasonably related to the mitigation fishery costs associated with the activities. (d) Payment of Charges.-- (1) In general.--On or before the first day of each fiscal year beginning after September 30, 2012, a water development agency shall make a payment to the Service for that fiscal year as required under a fishery mitigation plan developed by the Service and the agency under subsection (b). (2) Crediting of payments; availability of amounts.--Funds paid to the Service under this subsection shall-- (A) be credited to the appropriation of the Service initially charged for providing the service for which the payment is being made; (B) be available to the Service for expenditure in amounts specified in appropriations Acts; and (C) remain available until expended. (3) Projects without fishery mitigation plans.--In the absence of a fishery mitigation plan, the Service may conduct mitigation fishery activities and receive funding from a water development agency for the activities based on the terms and conditions that applied with respect to the activities in the prior fiscal year. (e) Services Provided to Power Management Agencies.--If a water development agency collects reimbursements from a power management agency for the ongoing costs of maintaining and operating a Federal water resources development project, the water development agency may include, in those ongoing costs, the costs associated with the project's fishery mitigation activities. (f) Definitions.--In this section, the following definitions apply: (1) Mitigation fishery activities.--The term ``mitigation fishery activities'' means rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels (or both) lost as a result of a Federal water resources development project, and includes project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling. (2) Mitigation fishery costs.--The term ``mitigation fishery costs'' means the expenditures necessary to operate, maintain, and rehabilitate mitigation fishery facilities and to conduct mitigation fishery activities, and includes personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and hatchery product evaluations. (3) Mitigation fishery facility.--The term ``mitigation fishery facility'' means a facility described in subsection (g) that is owned and operated by the Service through the National Fish Hatchery System for the purpose, either wholly or substantially in part, of conducting mitigation fishery activities. (4) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (5) Water development agency.--The term ``water development agency'' means the Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (g) Listing of Mitigation Fishery Facilities.--The mitigation fishery facilities referred to in subsection (f) are as follows: (1) In Arkansas-- (A) Greers Ferry National Fish Hatchery; and (B) Norfork National Fish Hatchery. (2) In California-- (A) California-Nevada Fish Health Center; and (B) Tehama-Colusa Fish Facility. (3) In Colorado, Hotchkiss National Fish Hatchery. (4) In Georgia-- (A) Chattahoochee Forest National Fish Hatchery; and (B) Warm Springs Fish Health Center. (5) In Kentucky, Wolf Creek National Fish Hatchery. (6) In Missouri, Neosho National Fish Hatchery. (7) In Montana-- (A) Ennis National Fish Hatchery; (B) Bozeman Fish Health Center; and (C) Creston National Fish Hatchery. (8) In Nevada, Lahontan National Fish Hatchery. (9) In North Dakota-- (A) Garrison Dam National Fish Hatchery; and (B) Valley City National Fish Hatchery. (10) In Pennsylvania, Lamar Fish Health Center. (11) In South Dakota, Gavins Point National Fish Hatchery. (12) In Tennessee-- (A) Dale Hollow National Fish Hatchery; and (B) Erwin National Fish Hatchery. (13) In Utah, Jones Hole National Fish Hatchery. (14) In West Virginia, White Sulphur Springs National Fish Hatchery. (15) In Wisconsin, LaCrosse Fish Health Center. (16) In Wyoming-- (A) Jackson National Fish Hatchery; and (B) Saratoga National Fish Hatchery. | National Mitigation Fisheries Coordination Act - Directs the U.S. Fish and Wildlife Service (USFWS) to impose a charge for conducting mitigation fishery activities in connection with federal water resources development projects carried out by water development agencies (Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority [TVA]). Requires such agencies to pay the charge in accordance with a fishery mitigation plan developed and approved by the USFWS Director and the agency head. Defines "mitigation fishery activities" as rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels lost as a result of such a project, including project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling. Requires USFWS's charges to be reasonably related to expenditures necessary to: (1) operate, maintain, and rehabilitate certain USFWS-owned and -operated mitigation fishery facilities, hatcheries, and health centers; and (2) conduct mitigation fishery activities, including expenditures for personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and hatchery product evaluations. Permits a water development agency, if it collects reimbursements from a power management agency for the ongoing costs of maintaining and operating a federal water resources development project, to include the costs associated with the project's fishery mitigation activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Revitalization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (2) State.--The term ``State'' means the State of North Dakota. SEC. 3. PROGRAM. (a) Establishment.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the State. (b) Form of Assistance.--Assistance under this Act may be provided in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in the State, including projects for-- (1) wastewater treatment and related facilities; (2) water supply and related facilities; (3) environmental restoration; and (4) surface water resource protection and development. (c) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned. (d) Local Cooperation Agreement.-- (1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements.--Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan.--Development by the Secretary, in consultation and coordination with appropriate Federal, State, and tribal officials and organizations recognized under State law that are involved in Federal water programs, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications. (B) Legal and institutional structures.-- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. (3) Cost sharing.-- (A) In general.--The Federal share of project costs under each local cooperation agreement entered into under this subsection-- (i) shall be 75 percent; and (ii) may be in the form of grants or reimbursements of project costs. (B) Credit for design work.--The non-Federal interest shall receive credit, not to exceed 6 percent of the total construction costs of a project, for the reasonable costs of design work completed by the non- Federal interest before entering into a local cooperation agreement with the Secretary for the project. (C) Credit for interest.--In case of a delay in the funding of the Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the Federal share of the costs of the project. (D) Land, easements, and rights-of-way credit.--The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (E) Consideration of water rate impacts for local cost share.-- (i) In general.--The non-Federal share of the cost of constructing a project under this Act shall be reduced, using the national affordability criteria for water rate percentages relating to State average medium household income developed by the Environmental Protection Agency, by 5 percent for each \1/2\ percent by which the rate for affordability relating to the project area exceeds the average State-wide rate for affordability. (ii) Multicounty projects.--With respect to a multicounty project under this Act, the average of all affordability rates applicable in the area covered by the project shall be used for the purpose of establishing the local share of the costs of the project. (F) Operation and maintenance.--The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (e) Applicability of Other Federal and State Laws.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $60,000,000 for the period beginning with fiscal year 2005, to remain available until expended. | Water Infrastructure Revitalization Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to establish a program to provide environmental assistance to non-Federal interests in North Dakota, which may be provided in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects. Requires projects to be publicly owned as a prerequisite for assistance. Directs the Secretary to enter into local cooperation agreements with non-Federal interests for project design and construction. Sets the Federal share of project costs under local cooperation agreements at 75 percent. Requires a reduction in the non-Federal share of the cost of constructing projects under this Act, using a Federal formula for water rate affordability, where the rate for affordability relating to the project area exceeds the average State-wide rate by a specified percentage. Sets the non-Federal share of operation and maintenance costs for projects constructed with assistance under this Act at 100 percent. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Youth Anti-Drug Media Campaign Reauthorization Act of 2003''. SEC. 2. GENERAL IMPROVEMENTS TO NATIONAL ANTI-DRUG MEDIA CAMPAIGN AND REAUTHORIZATION. The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended-- (1) in section 101, by striking ``Drug-Free Media Campaign Act of 1998'' and inserting ``National Youth Anti-Drug Media Campaign Act''; (2) in section 102-- (A) in subsection (a), by striking ``national media campaign'' and all that follows through the period and inserting the following: ``national youth anti-drug media campaign (referred to in this subtitle as the `national media campaign') in accordance with this subtitle for the purposes of-- ``(1) preventing drug abuse among young people in the United States; ``(2) increasing awareness of adults of the impact of drug abuse on young people in the United States; and ``(3) encouraging parents and other interested adults to discuss with young people the dangers associated with drug use.''; (B) in subsection (b), by striking ``105'' and inserting ``106''; and (C) by adding at the end the following: ``(c) Division of Responsibilities and Functions Under the Program.-- ``(1) In general.--The Director, in consultation with the Partnership for a Drug Free America, shall determine the overall purposes and strategy of the national media campaign. ``(2) Responsibilities.-- ``(A) Director.--The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in section 102(a), and shall approve-- ``(i) the strategy of the national media campaign; ``(ii) all advertising used in the national media campaign; and ``(iii) the plan for the purchase of advertising time and space for the national media campaign. ``(B) The partnership for a drug-free america.--The Director shall request that the Partnership for a Drug- Free America-- ``(i) recommend strategies to achieve the goals of the national media campaign that address national, regional, and local drug threats; ``(ii) create all advertising to be used in the national media campaign, except advertisements that are-- ``(I) provided by other nonprofit entities pursuant to section 103(c); ``(II) intended to reach a minority, ethnic, or other special audience that cannot be obtained at no cost (not including production costs and talent reuse payments); and ``(III) any other advertisements that the Partnership for a Drug-Free America determines it is unable to provide; and ``(iii) test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective and meet industry-accepted standards. ``(C) Media buying contractor.--The Director shall enter into a contract with a media buying contractor to plan and purchase advertising time and space for the national media campaign.''; (3) in section 103-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by inserting ``, including the strategic planning for, and accounting of, such purchases'' after ``space''; (II) in subparagraph (C), by striking ``out-of-pocket''; and (III) in subparagraph (F), by striking ``the Office of National Drug Control Policy'' and inserting ``either the Office of National Drug Control Policy or the designee of the Office''; and (ii) by striking paragraph (2) and inserting the following: ``(2) Advertising.-- ``(A) In general.--Except as provided in subparagraph (B), in carrying out this subtitle, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. ``(B) Exception.--No funds shall be used for the creative development of advertisements (not including out-of-pocket production costs and talent reuse payments) except when-- ``(i) the advertisements are intended to reach a minority, ethnic, or other special audience that cannot be obtained at no cost (not including production costs and talent reuse payments); ``(ii) the Partnership for a Drug-Free America is unable to provide such advertisements; and ``(iii) the Director gives prior notice to the Committtees on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform of the House of Representatives, and the Committee on the Judiciary of the Senate.''; (B) in subsection (b), by striking ``105'' and inserting ``106''; (C) by striking subsection (c) and inserting the following: ``(c) Matching Requirement.-- ``(1) No cost match.-- ``(A) In general.--Except as provided in subparagraph (B), amounts made available for the national media campaign under section 106 shall be used to require a no cost match of equivalent value of advertising broadcast time and print space or in-kind contributions to the national media campaign prior to the Director executing a contract for the purchase of any advertising time or space for the national media campaign. ``(B) Exception.--The Director shall ensure that all no cost matches of advertising material, time, and space or in-kind contributions provided pursuant to subparagraph (A) directly relate to substance abuse prevention consistent with the specific purposes set forth in section 102(a). ``(2) Sponsorship identification.--Any advertising material donated to the national media campaign at no cost shall not be subject to the sponsorship identification provisions in section 317 of the Communications Act of 1934 (47 U.S.C. 317).''; and (D) by adding at the end the following: ``(d) Responsible Use of Federal Funds.-- ``(1) In general.--The Director shall ensure that-- ``(A) for each fiscal year, not less than 85 percent of the amounts appropriated under this subtitle shall be used for the purchase of advertising time and space for the national media campaign; and ``(B) no more than $5,000,000 is used in each fiscal year to develop advertising material pursuant to subsection (a)(2)B)(ii).''; (4) by striking section 104 and inserting the following: ``SEC. 104. FINANCIAL AND PERFORMANCE ACCOUNTABILITY. ``The Director shall-- ``(1) carry out (through the Defense Contract Audit Agency or an independent auditor) an examination of records as described in section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d) and an audit of the costs described in section 306 of that Act (41 U.S.C. 256); ``(2) designate an independent entity to evaluate annually the effectiveness of the national media campaign based on prior year data from-- ``(A) the `Monitoring the Future Study' published by the Department of Health and Human Services; ``(B) the Attitude Tracking Study published by the Partnership for a Drug Free America; ``(C) the National Household Survey on Drug Abuse; and ``(D) other relevant studies or publications, as determined by the Director, including tracking and evaluation data collected according to marketing and advertising industry standards; and ``(3) submit a report to Congress in accordance with section 105, including the evaluation referred to in paragraph (2).''; (5) by striking section 105 and inserting the following: ``SEC. 105. REPORT TO CONGRESS. ``The Director shall submit on an annual basis a report to Congress that describes-- ``(1) the strategy of the national media campaign and whether specific objectives of the campaign were accomplished; ``(2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the campaign; ``(3) plans to purchase advertising time and space; ``(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and ``(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign.''; and (6) by adding at the end the following: ``SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subtitle, $195,000,000 for each of the fiscal years 2004 through 2008.''. | National Youth Anti-Drug Media Campaign Reauthorization Act of 2003 - Amends the Drug-Free Media Campaign Act of 1998 to require the Director of the Office of National Drug Control Policy to conduct a national youth anti-drug media campaign, the purposes of which shall include: (1) increasing the awareness of adults of the impact of drug abuse on young people; and (2) encouraging parents and other adults to discuss with young people the dangers associated with drug use (current law requires the Director to conduct a national media campaign to reduce and prevent drug abuse among young people).States that the Director shall approve the strategy of the campaign and all advertising.Directs the Director to request that the Partnership for a Drug-Free America: (1) recommend strategies addressing national, regional, and local drug threats; and (2) create all advertising to be used in the media campaign, with certain exceptions.Modifies provisions pertaining to the use of funds, including to state that no funds other than out-of-pocket production costs and talent reuse payments may be used for the creative development of advertisements except in specified circumstances.Requires the receipt of no cost matches relating to substance abuse prevention prior to any disbursal of funds for advertising time or space. Declares that any donated advertising material shall not be subject to sponsorship identification provisions in the Communications Act of 1934.Requires the Director to carry out an examination of campaign records and an audit of the costs of the campaign, in accordance with the Federal Property and Administrative Services Act of 1949. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Health and Wellness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) High levels of stress are adversely affecting teachers' health. Teachers with high levels of stress are less effective in raising student achievement than their healthier peers. (2) Elementary school teachers who have greater stress and show more symptoms of depression create classroom environments that are less conducive to learning. (3) Stress is contributing to the high turnover rate among teachers, which causes instability for students and communities. This leads to higher costs for school districts to train new teachers and hinders students' academic success. (4) School organization, low job autonomy, and a lack of ability to access teacher leadership opportunities are main sources of teacher stress. If teachers are unable to manage their stress levels, this leads to lower level teacher instruction, which then impacts student well-being. (5) High teacher turnover brings down students' math and language arts scores. (6) According to a 2014 Gallup survey, 46 percent of teachers experience high daily stress during the school year. This percentage is tied for the highest rate of high daily stress among occupations and is a significant increase from teacher stress levels in 1985. (7) Stress affects the health and well-being of teachers. In a study of high school teachers, 46 percent of teachers were diagnosed with excessive daytime sleepiness and 51 percent with poor sleep quality, which compromises health quality of life and teaching performance. SEC. 3. STUDY ON REDUCING TEACHER STRESS AND INCREASING TEACHER RETENTION AND WELL-BEING. (a) In General.--The Director of the National Institutes of Health shall carry out a five-year study on reducing teacher stress and increasing teacher retention and well-being by implementing and analyzing the results of any of the following programs: (1) Workplace wellness programs that are designed to improve teacher health, attendance, and engagement. (2) Social emotional learning programs that help teachers improve student engagement in the classroom. (3) Teacher stress management programs that improve teacher performance. (4) Mentoring and induction programs during the school year and teacher pre-service that improve teacher well-being. (5) Organizational interventions such as principal training programs that reduce stress through supervisor/peer support and increasing opportunities for teachers to participate in professional learning communities, teacher leadership positions, and decision making regarding school interventions and management. (6) Teacher residency programs that provide mental health and psychological support. (7) Complementary health approaches, such as mindfulness meditation, that improve teacher performance. (8) School reorganization that creates the conditions to facilitate the transmission and sharing of knowledge among teachers. (9) Other innovative evidence-based approaches that reduce stress and increase well-being in the teaching profession, which may include increased compensation. (b) Report.-- (1) In general.--Not later than one year after the end of the study carried out under subsection (a), the Director shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report including-- (A) the results of the study carried out under subsection (a); and (B) recommendations for-- (i) decreasing teacher stress and increasing teacher retention and well-being; and (ii) lowering stress-related health care costs for teachers. (2) Availability.--The Director shall make publicly available the report submitted under paragraph (1). (c) Definitions.--In this section: (1) Complementary health approach.--The term ``complementary health approach'' includes integrative health care, adjunctive health care, and functional medicine. (2) Director.--The term ``Director'' means the Director of the National Institutes of Health. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) State educational agency.--The term ``State educational agency'' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (d) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. | Teacher Health and Wellness Act This bill directs the National Institutes of Health to carry out a five-year study on reducing teacher stress and increasing teacher retention and well-being by implementing and analyzing the results of any of several types of innovative approaches that include: workplace wellness programs; social emotional learning programs; teacher stress management programs; mentoring and induction programs during the school year and teacher pre-service; organizational interventions such as principal training programs; teacher residency programs; complementary health approaches, such as mindfulness meditation; and school reorganization. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Government Accountability Act of 2003''. SEC. 2. ENHANCING INDEPENDENCE OF INSPECTORS GENERAL. (a) Removal for Cause.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 3(b) by adding at the end the following: ``An Inspector General may be removed from office prior to the expiration of his term on the following grounds: ``(1) permanent disability; ``(2) inefficiency; ``(3) neglect of duty; ``(4) malfeasance; or ``(5) conviction of a felony or conduct involving moral turpitude.''; and (2) in section 8G(e) by adding at the end the following: ``An Inspector General may be removed from office prior to the expiration of his term on the following grounds: ``(1) permanent disability; ``(2) inefficiency; ``(3) neglect of duty; ``(4) malfeasance; or ``(5) conviction of a felony or conduct involving moral turpitude.''. (b) Establishment of Terms of Office.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 3 by adding after subsection (d) the following new subsection: ``(e) The term of office of each Inspector General shall be seven years. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of that term.''; and (2) in section 8G by adding to the end of subsection (c) the following: ``The term of office of each Inspector General shall be seven years. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of that term.''. SEC. 3. DIRECT SUBMISSION OF BUDGET REQUESTS TO CONGRESS. The Inspector General Act of 1978 (5 U.S.C. App.) is amended in section 6 by adding at the end the following new subsection: ``(f) For each fiscal year, an Inspector General may transmit an appropriation estimate and request to the Office of Management and Budget and to the appropriate committees or subcommittees of Congress, in addition to any appropriation estimate and request submitted to the head of the establishment involved. Each budget of the United States Government submitted by the President shall include a separate statement of the amount of appropriations requested by each Inspector General who has submitted an appropriation estimate and request to Congress. Each such budget shall also include a statement providing a comparison of the appropriation estimate and request submitted by an Inspector General and the funds requested by the head of the establishment involved.''. SEC. 4. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY. (a) Establishment.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating sections 11 and 12 in order as sections 12 and 13, and by inserting after section 10 the following new section: ``SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY. ``(a) Establishment.--There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this Act referred to as the `Council'). The Council's mission will be to increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a well-trained and highly skilled workforce in the offices of the Inspectors General. ``(b) Membership.-- ``(1) In general.--The Council shall consist of the following members: ``(A) All Inspectors General whose offices were established in the Inspector General Act of 1978 and subsequent amendments. ``(B) The Controller of the Office of Federal Financial Management. ``(C) The Associate Deputy Director for Investigations of the Federal Bureau of Investigation. ``(D) The Director of the Office of Government Ethics. ``(E) The Special Counsel of the Office of Special Counsel. ``(F) The Deputy Director of the Office of Personnel Management. ``(G) The Deputy Director for Management of the Office of Management and Budget. ``(c) Chair.--The chairman of the Council shall be chosen from among the Inspectors General by a majority of the Inspectors General and shall serve as chair of the Council for a three-year period. ``(d) Meetings.--The Council shall meet at least semiannually, at the call of chair. ``(e) Functions and Duties.-- ``(1)(A) The Council shall continually identify, review, and discuss areas of weakness and vulnerability in Federal programs and operations to fraud, waste, and abuse, and shall develop plans for coordinated, government-wide activities that address these problems and promote economy and efficiency in Federal programs and operations. These activities will include interagency and interentity audit and investigation programs and projects to deal efficiently and effectively with those problems concerning fraud and waste that exceed the capability of jurisdiction of an individual agency or entity. The Council shall recognize the preeminent role of the Department of Justice in law enforcement and litigation. ``(B) The Council shall develop policies that will aid in the establishment of a corps of well-trained and highly skilled Office of Inspector General staff members. ``(2) Individual members of the Council should, to the extent permitted under law, adhere to professional standards developed by the Councils and participate in the plans, programs, and projects of the Councils. ``(3) The creation and operation of the Council shall neither interfere with existing authority and responsibilities in the relevant agencies and entities nor augment or diminish the statutory authority or responsibilities of individual members of the Council. ``(f) Responsibilities of the Chair.-- ``(1) The Chair may appoint a Vice Chair to assist in carrying out the functions of the Council. ``(2) The Chair shall, in consultation with the members of the Council, establish the agenda for Council activities. ``(3) The Chair shall, on behalf of the Council, report to the President on the activities of the Council. The Chair shall, as appropriate, advise the Council with respect to the President's consideration of the Council's activities. ``(4) The Chair shall provide agency and entity heads with summary reports of the activities of the Council. ``(5) The Chair shall establish, in consultation with members of the Council, such committees as deemed necessary and appropriate for the efficient conduct of Council functions.''. (b) Existing Executive Order.--Executive Order 12805, dated May 14, 1992, shall have no force or effect. (c) Conforming Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking ``section 11(2)'' each place it appears and inserting ``section 12(2)''; and (2) in section 8G(a), in the matter preceding paragraph (1), by striking ``section 11'' and inserting ``section 12''. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2005 through 2009. SEC. 5. PERSONNEL FLEXIBILITIES. (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 3 the following: ``personnel management system ``Sec. 3A. (a) The Office of Personnel Management shall maintain a personnel management system, which, except as otherwise expressly provided in this Act, shall apply to the officers and employees of the various Offices of Inspector General. The Office of Personnel Management may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of an Office of Inspector General because of comments on a proposed regulation about the system. ``(b) The personnel management system shall-- ``(1) include the principles of section 2301(b) of title 5; ``(2) prohibit personnel practices prohibited under section 2302(b) of title 5; ``(3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5; ``(4) ensure that officers and employees are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service; and ``(5) provide that an Inspector General may, in his or her discretion, fix basic pay of officers and employees (apart from those whose basic pay is otherwise fixed by law) in a manner consistent with section 5301 of title 5. ``(c) Under the personnel management system-- ``(1) the Office of Personnel Management shall publish a schedule of basic pay rates for positions to which such system applies; ``(2) the highest basic pay rate under the pay schedule may not exceed the highest rate of basic pay for GS-15; ``(3) except as provided under section 5349(a) of title 5, rates of basic pay of officers and employees who are subject to such system shall be adjusted at the same time and to the same extent as are rates of basic pay rates under the General Schedule; and ``(4) officers and employees who are subject to such system shall be entitled to grade and basic pay retention consistent with subchapter VI of chapter 53 of title 5. ``(d) The personnel management system shall provide-- ``(1) for a system of performance appraisals that meets the requirements of section 4302 of title 5; ``(2) for the reduction in grade or removal of an officer or employee because of unacceptable performance, consistent with section 4303 of title 5; ``(3) for other personnel actions consistent with chapter 75 of title 5; and ``(4) a procedure for processing complaints and grievances not otherwise provided for under paragraphs (2) and (3) of this subsection or subsection (e)(1) of this section. ``(e)(1) The personnel management system shall-- ``(A) provide that all personnel actions affecting an officer, employee, or applicant for employment be taken without regard to race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; and ``(B) include a minority recruitment program consistent with section 7201 of title 5. ``(2) Nothing in this section shall affect-- ``(A) a right or remedy of an officer, employee, or applicant for employment under a law prohibiting discrimination in employment in the Government on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; or ``(B) a lawful effort to achieve equal employment opportunity through affirmative action. ``(f)(1)(A) The Office of Personnel Management shall prescribe regulations, consistent with regulations issued under section 3502(a) of title 5, for the separation of officers or employees of an Office during a reduction in force or other adjustment in force. ``(B) The regulations shall, in descending order of priority, give effect to-- ``(i) tenure of employment; ``(ii) military preference, subject to section 3501(a)(3) of title 5; ``(iii) veterans' preference, in accordance with subsections (b) and (c) of 3502 of title 5; ``(iv) performance ratings; ``(v) length of service, computed in accordance with the second sentence of section 3502(a) of title 5; and ``(vi) other objective factors, such as skills and knowledge, that the relevant Inspector General considers necessary and appropriate to realign the Office's workforce in order to meet current and future mission needs, to correct skill imbalances, or to reduce high-grade, managerial, or supervisory positions. ``(C) Notwithstanding subparagraph (B), the regulations relating to removal from the Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5. ``(2)(A) Except as provided in subparagraph (B), an officer or employee may not be released, due to a reduction force, unless such officer or employee is given written notice at least 60 days before such officer or employee is so released. Such notice shall include-- ``(i) the personnel action to be taken with respect to the officer or employee involved; ``(ii) the effective date of the action; ``(iii) a description of the procedures applicable in identifying officers or employees for release; ``(iv) the officer's or employee's ranking relative to other competing officers and employees, and how that ranking was determined; and ``(v) a description of any appeal or other rights which may be available. ``(B) The Inspector General may, in writing, shorten the period of advance notice required under subparagraph (A) with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable, except that such period may not be less than 30 days. ``(g) The regulations under subsection (g) shall include provisions under which, at the discretion of the Inspector General, the opportunity to separate voluntarily (in order to permit the retention of an individual occupying a similar position) shall, with respect to the Office, be available to the same extent and in the same manner as described in subsection (f)(1)-(4) of section 3502 of title 5 (with respect to the Department of Defense or a military department). ``(h) Nothing in this section shall be considered to supersede or to constitute authority for the Office of Personnel Management to supersede (by regulation or otherwise) any provision of section 7, 8C(b), or 8F(a)(1), or of subsection (c), (f)(1), or (g)(2) of section 8G.''. (b) Senior Executive Service.--In the application of section 3133 of title 5, United States Code (and every other provision of such title 5 which relates to the Senior Executive Service, as identified by the Office of Personnel Management in regulations)-- (1) each Office of Inspector General shall be considered to be a separate agency; and (2) any reference to an agency head shall, with respect to an Office of Inspector General, be considered to refer to the Inspector General who is the head of such Office. (c) Voluntary Separation.--In the application of section 8336 and section 8414 of title 5, United States Code-- (1) each Office of Inspector General shall be considered to be a separate agency; and (2) any Office of Inspector General shall, with respect to an Office of Inspector General, be considered to refer to the Inspector General who is the head of such Office. SEC. 6. SUBMISSION OF REPORTS TO CONGRESS; AMENDMENT TO REPORTING PERIOD. Section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the language preceding paragraph (1) and inserting the following language: ``Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved and to the appropriate committees and subcommittees of Congress not later than January 31 and July 31 of each year. Within 30 days after receipt of the report, the head of establishment involved may submit a report to the appropriate committees and subcommittees of Congress containing--''. | Improving Government Accountability Act of 2003 - Amends the Inspector General Act of 1978 to allow an Inspector General (IG) to be removed from office prior to the expiration of his term on the grounds of: (1) permanent disability; (2) inefficiency; (3) neglect of duty; (4) malfeasance; or (5) conviction of a felony or conduct involving moral turpitude. Establishes the term of office of each IG as seven years. Directs that any individual appointed to fill a vacancy in that position, occurring before the expiration of the term for which his predecessor was appointed, be appointed for the remainder of that term. Authorizes an IG, for each fiscal year, to transmit an appropriation estimate and request to the Office of Management and Budget and to the appropriate congressional committees or subcommittees, in addition to the head of the establishment involved. Directs that each Government budget submitted by the President include a separate statement regarding amounts requested by IGs, including a comparison with the amounts requested by the head of the establishment involved. Establishes within the Executive Branch the Council of the Inspectors General on Integrity and Efficiency to increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a well-trained and highly skilled workforce in the offices of the IG. Directs the Office of Personnel Management to maintain a personnel management system applicable to the officers and employees of IG offices. Prohibits reprisals because of comments on proposed regulations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Plymouth 400th Commemoration Commission Act of 2016''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the voyage of the Mayflower and the founding of the colony at Plymouth, Massachusetts, in 1620, the first permanent and sustaining English colony in the New World, and the treaty of mutual protection between the Wampanoag indigenous tribe and the English colonists, has major significance in the history of the United States; (2) the colonists that traveled with their families were the first true immigrants to the New World, relocating their families in search of the right to self-governance and religious freedom; (3) Plymouth Colony brought people together to form a multicultural society, including English and other European settlers and indigenous tribes; (4) the economic, political, religious, and social institutions that developed during the early years of Plymouth Colony, including the signing of the Mayflower Compact and the treaty that ensured 50 years of peaceful relations between the indigenous Wampanoags and the English colonists at Plymouth, continue to have profound effects on the United States, influencing the content of the United States Constitution, English common law and language, cross-cultural relationships, and economic structure and status; and (5) in 2016, the Commonwealth of Massachusetts designated Plymouth 400, Incorporated, as the official agency responsible for planning and implementing the commemoration of the 400th anniversary of the Mayflower voyage and the founding of Plymouth Colony. (b) Purpose.--The purpose of this Act is to establish the Plymouth 400th Commemoration Commission-- (1) to ensure suitable national and international observances of the 400th anniversary of the Plymouth Colony during calendar year 2020 (referred to in this subsection as the ``Plymouth 2020 observances'') by complementing the programs and activities of the Commonwealth of Massachusetts; (2) to cooperate with and assist the programs and activities of the State in the Plymouth 2020 observances; (3) to assist in ensuring that the Plymouth 2020 observances provide an excellent visitor experience and beneficial interaction among-- (A) visitors; and (B) the natural and cultural resources of-- (i) the town of Plymouth, Massachusetts; and (ii) all other municipalities that make up the original colony; (4) to assist in ensuring that the Plymouth 2020 observances-- (A) are inclusive; and (B) appropriately recognize the experiences of all people present in 17th-Century Plymouth Colony; (5) to provide assistance in the development of Plymouth- related programs and activities; (6) to facilitate international involvement in the Plymouth 2020 observances; (7) to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Plymouth 2020 observances; and (8) to assist in the appropriate development of heritage tourism and economic benefits to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of the 400th anniversary of-- (A) the voyage of the Mayflower; and (B) the founding of Plymouth Colony. (2) Commission.--The term ``Commission'' means the Plymouth 400th Commemoration Commission established by section 4(a). (3) Governor.--The term ``Governor'' means the Governor of Massachusetts. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the Commonwealth of Massachusetts (including the governmental agencies and entities of the Commonwealth). SEC. 4. PLYMOUTH 400TH COMMEMORATION COMMISSION. (a) Establishment.--There is established a commission, to be known as the ``Plymouth 400th Commemoration Commission''. (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, of whom-- (A) 1 shall be the Director of the Brand USA (or a designee); (B) 1 shall be appointed by the Secretary from among employees of the National Park Service; (C) 4 shall be appointed by the Secretary, taking into consideration recommendations of the executive committee of Plymouth 400, Incorporated; (D) 4 shall be appointed by the Secretary, taking into consideration recommendations of the Governor; and (E) 5 shall be appointed by the Secretary from among individuals that have an interest in, support for, and expertise relating to, the commemoration. (2) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings.-- (A) In general.--The Commission shall meet-- (i) not less frequently than twice each year; or (ii) at the call of-- (I) the chairperson of the Commission; or (II) the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all initial members of the Commission have been appointed under paragraph (1), the Commission shall hold the initial meeting of the Commission. (4) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the members of the Commission shall constitute a quorum. (5) Chairperson.--The Secretary shall appoint 1 member of the Commission to serve as chairperson of the Commission, taking into consideration any recommendations of the Governor. (c) Duties of Commission.-- (1) In general.--The Commission shall-- (A) assist in the planning, development, and implementation of programs and activities appropriate to the commemoration; (B) generally facilitate commemoration activities throughout the United States; (C) encourage civic, military, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in commemoration activities to expand the understanding and appreciation of the significance of the founding and early history of Plymouth Colony; (D) coordinate and facilitate for the public scholarly research and publications regarding, and interpretation of, the cultures present in 17th-Century Plymouth Colony, including the English colonists and the indigenous Wampanoag tribes; and (E) ensure that the 400th anniversary of Plymouth provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. (2) Plans; reports.-- (A) In general.--The Commission shall prepare, with respect to each activity carried out by the Commission under this section-- (i) a strategic plan in accordance with section 306 of title 5, United States Code; and (ii) an annual performance plan in accordance with section 1115 of title 31, United States Code. (B) Final report.--Not later than December 31, 2021, the Commission shall submit to Congress a final report that includes-- (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) any findings or recommendations of the Commission. (d) Powers of Commission.--The Commission may-- (1) accept donations and make dispersions of money, personal services, and real and personal property relating to-- (A) Plymouth Colony; and (B) the significance of Plymouth Colony in the history of the United States; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this section; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take pursuant to this section; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, make grants in amounts not to exceed $10,000 to communities and nonprofit organizations to develop programs to assist in the commemoration; (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to Plymouth Colony; and (8) provide technical assistance to States, localities, and nonprofit organizations to advance the purposes of the commemoration. (e) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Except as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees.-- (A) Federal employees.-- (i) In general.--On the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section. (ii) Civil service status.--The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege. (B) State employees.--The Commission may-- (i) accept the services of personnel detailed from the State (including subdivisions of the State); and (ii) reimburse the State for services of detailed personnel. (5) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) Nonapplicability of FACA.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) No Effect on Authority.--Nothing in this section supersedes the authority of the State, the National Park Service, or the Association for the Preservation of Virginia Antiquities with respect to the commemoration. (i) Termination.--The Commission shall terminate on December 31, 2021. | Plymouth 400th Commemoration Commission Act of 2016 This bill establishes the Plymouth 400th Commemoration Commission to: assist in the planning, development, and implementation of programs and activities to commemorate the 400th anniversary of the voyage of Mayflower and the founding of Plymouth Colony, Massachusetts; facilitate such activities throughout the United States; encourage civic, military, historical, educational, religious, economic, and other organizations to organize and participate in commemoration activities to expand the understanding and appreciation of the significance of the founding and early history of Plymouth Colony; coordinate and facilitate for the public scholarly research and publications regarding, and interpretation of, the cultures present in 17th Century Plymouth Colony, including the English colonists and the indigenous Wampanoag tribes; and ensure that the 400th anniversary of Plymouth provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. The commission shall: (1) prepare a strategic plan and an annual performance plan; and (2) submit a final report by December 31, 2021, that includes a summary of its activities, a final accounting of its funds, and its findings or recommendations. The commission shall terminate on December 31, 2021. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) September 2007, marks the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. (2) In 1957, Little Rock Central High was the site of the first major national test for the implementation of the historic decision of the United States Supreme Court in Brown, et al. v. Board of Education of Topeka, et al., 347 U.S. 483 (1954). (3) The courage of the ``Little Rock Nine'' (Ernest Green, Elizabeth Eckford, Melba Pattillo, Jefferson Thomas, Carlotta Walls, Terrence Roberts, Gloria Ray, Thelma Mothershed, and Minnijean Brown) who stood in the face of violence, was influential to the Civil Rights movement and changed American history by providing an example on which to build greater equality. (4) The desegregation of Little Rock Central High by the 9 African American students was recognized by Dr. Martin Luther King, Jr. as such a significant event in the struggle for civil rights that in May 1958, he attended the graduation of the first African American from Little Rock Central High School. (5) A commemorative coin will bring national and international attention to the lasting legacy of this important event. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the desegregation of the Little Rock Central High School and its contribution to civil rights in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2007''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2007, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2007. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, and subsection (d), all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Secretary of the Interior for the protection, preservation, and interpretation of resources and stories associated with Little Rock Central High School National Historic Site, including the following: (1) Site improvements at Little Rock Central High School National Historic Site. (2) Development of interpretive and education programs and historic preservation projects. (3) Establishment of cooperative agreements to preserve or restore the historic character of the Park Street and Daisy L. Gatson Bates Drive corridors adjacent to the site. (c) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. (d) Creditable Funds.--Notwithstanding any other provision of the law and recognizing the unique partnership nature of the Department of the Interior and the Little Rock School District at the Little Rock Central High School National Historic Site and the significant contributions made by the Little Rock School District to preserve and maintain the historic character of the high school, any non-Federal funds expended by the school district (regardless of the source of the funds) for improvements at the Little Rock Central High School National Historic Site, to the extent such funds were used for the purposes described in paragraph (1), (2), or (3) of subsection (b), shall be deemed to meet the requirement of funds from private sources of section 5134(f)(1)(A)(ii) of title 31, United States Code, with respect to the Secretary of the Interior. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue coins commemorating the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. Requires the design of such coins to be emblematic of the desegregation of Little Rock Central High School and its contribution to civil rights in America. Specifies the sale price of such coins and applicable surcharges. Requires surcharges collected from sales to be paid to the Secretary of the Interior for the protection, preservation, and interpretation of resources and stories associated with the Little Rock Central High School National Historic Site, including: (1) site improvements; (2) development of interpretive and education programs and historic preservation projects; and (3) establishment of cooperative agreements to preserve or restore the historic character of the Park Street and Daisy L. Gatson Bates Drive corridors adjacent to the site. Prohibits including any surcharge with respect to the issuance of any coin under this Act during a calendar year if such issuance would result in exceeding the annual two commemorative coin program issuance limitation for such year. Deems any funds expended by the school district (regardless of the source of the funds) for improvements at the Little Rock Central High School National Historic Site, to the extent such funds were used as described in this Act, to be funds from private sources as necessary to meet statutory matching requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Protection and Restoration Act of 2000''. TITLE I--SEDIMENT REMEDIATION GRANT PROGRAM SEC. 101. SHORT TITLE. This title may be cited as the ``Great Lakes Legacy Act of 2000''. SEC. 102. GRANTS FOR THE REMEDIATION OF SEDIMENT CONTAMINATION AT AREAS OF CONCERN. Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended by adding at the end the following: ``(12) Grants for remediation of sediment contamination at areas of concern.-- ``(A) In general.--In accordance with this paragraph, the Administrator, acting through the Great Lakes National Program Office described in subsection (b), may make grants to States, Indian tribes (as defined in section 518(h)), regional agencies, and local governments to carry out qualified projects. ``(B) Qualified project.--In this paragraph, a qualified project is a project to be carried out in an area of concern located wholly or in part in the United States, that-- ``(i) remediates contaminated sediment; ``(ii) prevents further or renewed contamination of sediment; or ``(iii) monitors or evaluates contaminated sediment. ``(C) Priority.--In selecting applicants to receive grants under this paragraph, the Administrator shall give priority to an applicant proposing to carry out a qualified project that-- ``(i) remediates contaminated sediment; ``(ii) is to be carried out in an area of concern located wholly within the United States; ``(iii) has been identified in a remedial action plan submitted pursuant to paragraph (3), and is ready to be implemented; or ``(iv) will use an innovative approach to or technique for remediation. ``(D) Limitations.--The Administrator may not make a grant under this paragraph to carry out any of the following types of projects: ``(i) A project located in an area of concern that the Administrator determines is likely to suffer further or renewed contamination from existing sources of pollutants into navigable waters. ``(ii) A project that, following an evaluation of the short-term and long-term impacts of the project in relation to the reduction of risks to human health and the environment, the Administrator determines will be likely to have a greater adverse impact on human health and the environment than other remedial measures, including measures that do not involve active remediation. ``(E) Non-federal matching requirement.-- ``(i) In general.--The non-Federal share of the cost of any project assisted under this paragraph shall be not less than 35 percent. ``(ii) In-kind contributions.--The non- Federal share of the cost of a project assisted under this paragraph may include the value of in-kind services contributed by a non-Federal source, including any in-kind service performed under a consent decree or administrative order, but not including any in-kind services performed under an enforcement order or judgment. ``(iii) Operation and maintenance.--The non-Federal share of the cost of the operation and maintenance of any project assisted under this paragraph shall be 100 percent. ``(F) Maintenance of effort.--No grant may be made under this paragraph in any fiscal year to carry out a project unless the grantee enters into such agreements with the Administrator as the Administrator may require to ensure that the grantee will maintain its aggregate expenditures from all other sources for remediation programs in the area of concern in which the project is located at or above the average level of such expenditures in its 2 fiscal years preceding the date on which the grant is made. ``(G) Consideration of risks, benefits, impacts, implementation, and cost.--The Administrator shall require that each applicant for assistance under this paragraph demonstrate that each remedial action to be implemented by a project to be assisted has been selected only after careful consideration of-- ``(i) the risks to human health and the environment posed by the remedial action and the contaminants to be remediated; ``(ii) the benefits of the remedial action; ``(iv) the short-term and long-term impacts of the remedial action; ``(v) the likelihood that the remedial action can be implemented; and ``(vi) the cost of the remedial action. ``(H) Coordination.--In making grants under this paragraph, the Administrator shall coordinate with the Secretary of the Army, and with the Governors of States in which projects assisted under this paragraph are located, to ensure that Federal and State assistance for remediation in areas of concern is used as efficiently as possible. ``(I) Authorization of appropriations.-- ``(i) In general.--In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2001 through 2005. ``(ii) Availability.--Funds appropriated under clause (i) shall remain available until expended.''. TITLE II--MORATORIUM ON EXPORTS OF BULK FRESH WATER SEC. 201. FINDINGS. The Congress finds that-- (1) the waters and water-dependent natural resources of the Great Lakes Basin are precious public resources, held in trust by the Great Lakes States and the Canadian provinces of Ontario and Quebec; (2) authority over the Great Lakes is vested in the Governors of the Great Lakes States by the Water Resources Development Act of 1986; (3) the Great Lakes Charter of 1985 is a voluntary international agreement that provides the procedural framework for notice and consultation by the Great Lakes States and the Canadian provinces concerning the withdrawal of water from the Great Lakes Basin; (4) the Governors of the Great Lakes States, in exercise of their authority under the Water Resources Development Act of 1986, and the premiers of the Canadian provinces have based decisions on proposals to withdraw, divert, or use waters from the Great Lakes Basin on the extent to which such proposals conserve and protect waters and water-dependent resources of the Great Lakes Basin; (5) decisionmaking must remain vested in the Governors of the Great Lakes States and the premiers of the Canadian provinces, who currently manage the Great Lakes Basin on a day- to-day basis; (6) demand for clean and fresh water is growing around the world and bulk exports pose a unique challenge to the management of the Great Lakes; and (7) the ecological effects of bulk exports of water from the Great Lakes are unknown. SEC. 202. MORATORIUM ON EXPORTS OF BULK FRESH WATER. (a) Moratorium on Exports.--No bulk fresh water from the Great Lakes Basin may be exported from the United States. (b) Lifting of Moratorium.--Subsection (a) shall cease to apply on the earlier of-- (1) December 31, 2001; or (2) the effective date of an Act of Congress approving an agreement among the Great Lakes States to implement a mechanism that provides for a common conservation standard to make decisions concerning the withdrawal and use of water from the Great Lakes Basin. SEC. 203. DEFINITIONS. As used in this title-- (1) the term ``bulk fresh water'' means fresh water extracted in amounts intended for transportation by tanker or similar form of mass transportation, without further processing; (2) the term ``Great Lakes Basin'' means the water within Lakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior, within interconnecting waterways, within all other watercourses draining into and between those lakes, and within all tributary surface and underground channels or areas which drain into or comprise part of any watershed draining into any of those lakes; and (3) the term ``Great Lakes State'' means each of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. | Sets forth limitations on projects. Requires the non-Federal share of project costs to be at least 35 percent and 100 percent for project operation and maintenance costs. Conditions grants on a grantee achieving a specified maintenance of effort requirement with respect to expenditures from other sources for remediation programs. Requires grant applicants to demonstrate that project remedial actions have been selected only after consideration of specified health and environmental risks, benefits, impacts, implementation likelihood, and costs. Authorizes appropriations. Title II: Moratorium on Exports of Bulk Fresh Water - Prohibits the export from the United States of bulk fresh water from the Great Lakes Basin. Makes such prohibition inapplicable on the earlier of: (1) December 31, 2001; or (2) the effective date of an Act of Congress approving an agreement among the Great Lakes States to implement a mechanism that provides for a common conservation standard to make decisions concerning the withdrawal and use of water from the Basin. Defines "bulk fresh water" as fresh water extracted in amounts intended for transportation by tanker or similar form of mass transportation without further processing. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Advocate and Democracy Index Act of 2007''. SEC. 2. OFFICE OF THE VOTER ADVOCATE AND STATE REQUIREMENT TO REPORT VOTER DATA. (a) Office of the Voter Advocate.-- (1) In general.--Subtitle A of title II of the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: ``PART 4--OFFICE OF THE VOTER ADVOCATE ``SEC. 223. OFFICE OF THE VOTER ADVOCATE. ``(a) In General.--There is established within the Commission an Office of the Voter Advocate (in this section referred to as the `Office'). ``(b) Duties.--The Office shall develop and administer a program to-- ``(1) collect the voter data described in subsection (c) from States with respect to each election for Federal office; ``(2) develop, refine, and publish a Democracy Index (as described in subsection (f)); ``(3) make grants to eligible entities under section 224; and ``(4) provide recommendations to States to improve their performance in the administration of Federal elections (as determined based on a State-by-State comparison of the voter data collected under paragraph (1)). ``(c) Voter Data Described.--The voter data described in this subsection includes any data the Office determines appropriate for developing or refining the Democracy Index published under subsection (b), which may include the following: ``(1) The amount of time spent by voters waiting in line. ``(2) The number of voters who appeared at, or were incorrectly directed to, the wrong polling place. ``(3) The rate of voter ballots discarded or not counted, and the reasons those voter ballots were discarded or not counted. ``(4) Provisional voting rates, including the percentage of provisional ballots that were cast and not counted and the reasons those provisional ballots were not counted. ``(5) The number and a description of registration and election day complaints, including any problems faced by individual voters in becoming involved and effectively participating in the process and the reasons given for such problems. ``(6) The rate of voting system malfunctions and the time required on average to put malfunctioning voting systems back online or otherwise correct the malfunction, or to replace them. ``(d) Consultation.-- ``(1) In general.--In developing and refining the Democracy Index published under subsection (b), the Office shall consult an independent Board of Advisors (as described in paragraph (2)). ``(2) Independent board of advisors.--The Independent Board of Advisors consulted under paragraph (1) shall be composed of 20 members, selected by the Office from-- ``(A) the academic, nonprofit, and election administration communities; and ``(B) Citizen Advisors nominated by the chief State election official of each State. ``(e) Coordination With States.--The Office may, in coordination with a State, select precincts within the State on a sample basis from which to draw the information described in subsection (c) in order to form statistical conclusions. In forming such statistical conclusions, the Office may append the information collected from the samples to other information provided by the State that was collected with respect to elections for Federal office in that State. ``(f) Democracy Index.--The Democracy Index published under subsection (b) shall include the information described in subsection (c) with respect to each election for Federal office, presented on a State-by-State basis that allows for-- ``(1) comparisons and rankings between States along each category of voter data collected under this section; and ``(2) an aggregate ranking of each State across all categories of such voter data. ``(g) Report.--The Office shall submit an annual report to Congress and to chief State elections officials of each State that includes the voter data collected under subsection (b), together with any recommendations for-- ``(1) improving the types of voter data that are collected and included in the Democracy Index published under such subsection; and ``(2) taking into consideration the voter data collected under such subsection, legislation or administrative action to improve State performance in the administration of Federal elections (as determined based on a State-by-State comparison of such voter data). ``SEC. 224. DEMOCRACY INDEX PILOT PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Office shall establish a Democracy Index Pilot Program (in this section referred to as the `pilot program') for calendar year 2008 to make grants to eligible entities for the purpose of creating a Democracy Index (consistent with the requirements of section 223). ``(2) Eligible entity.--In this section, the term `eligible entity' means-- ``(A) a State; ``(B) a nonprofit voting rights organization; and ``(C) any other organization the Office determines appropriate for the purpose of carrying out this section. ``(3) Duration.--The pilot program shall be conducted with respect to the general election for Federal office held in 2008. ``(b) Use of Funds.--A grant awarded under subsection (a) shall be used for the following purposes: ``(1) For the collection of voter data described in section 223(c) through survey research. ``(2) The development and implementation of innovative proposals for adding-- ``(A) to the types of voter data collected under such section; and ``(B) efficient mechanisms for collecting such voter data. ``(3) The development and use of methodologies to check such voter data for accuracy and uniformity. ``(c) Publication of Program Scope and Measures.--Not later than 6 months before the general election held in 2008, the Commission shall publish a description of the scope of the program, including-- ``(1) the voter data that will be included in the Democracy Index (consistent with the requirements of section 223); and ``(2) which States will receive a grant and participate in the pilot program under this section. ``(d) Report.--Not later than 6 months after the regularly scheduled general election for Federal office held in 2008, the Office shall submit a report to Congress and each chief State election officials on the pilot program conducted under this section, together with recommendations for such legislation and administrative action as the Secretary determines appropriate. ``SEC. 225. FUNDING. ``There are authorized to be appropriated such sums as are necessary to carry out this part.''. (2) Conforming amendment.--The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 222 the following: ``PART 4--Office of the Voter Advocate ``Sec. 223. Office of the Voter Advocate. ``Sec. 224. Democracy Index Pilot Program. ``Sec. 225. Funding.''. (b) State Requirement.-- (1) In general.--Title III of the Help America Vote Act of 2002 is amended-- (A) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (B) by inserting after section 303 the following new section: ``SEC. 304. REPORTING OF STATE VOTER DATA. ``(a) In General.--Each State shall submit to the Office of the Voter Advocate the voter data described in section 223(c) with respect to each election for Federal office. Such voter data shall be submitted at the time and place, and in the manner, requested by the Office of the Voter Advocate. ``(b) Effective Date.--This section shall apply with respect to general elections for Federal office held after 2008.''. (2) Enforcement.--Section 401 of the Help America Vote Act of 2002 is amended by striking ``and 303'' and inserting ``303, and 304''. (3) Conforming amendment.--The table of contents of the Help America Vote Act of 2002 is amended-- (A) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (B) by inserting after the item relating to section 303 the following: ``Sec. 304. Reporting of State voter data.''. | Voter Advocate and Democracy Index Act of 2007 - Amends the Help America Vote Act of 2002 to establish within the Election Assistance Commission an Office of the Voter Advocate to develop and administer a program to: (1) collect specified voter data from states with respect to each election for federal office; (2) develop, refine, and publish a Democracy Index; (3) make grants to eligible entities; and (4) make recommendations to states to improve their performance in the administration of federal elections (as determined based on a state-by-state comparison of the voter data collected under this Act.) Directs the Office to establish a Democracy Index Pilot Program for calendar year 2008 to make grants to eligible entities for the purpose of creating a Democracy Index. Requires each state to submit to the Office of the Voter Advocate specified voter data with respect to each election for federal office. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Book Stamp Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Literacy is fundamental to all learning. (2) Between 40 and 60 percent of the Nation's children do not read at grade level, particularly children in families or school districts that are challenged by significant financial or social instability. (3) Increased investments in child literacy are needed to improve opportunities for children and the efficacy of the Nation's education investments. (4) Increasing access to books in the home is an important means of improving child literacy, which can be accomplished nationally at modest cost. (5) Effective channels for book distribution already exist through child care providers, hospitals, pediatrician's offices, entities carrying out faith-based programs, and entities carrying out early literacy programs. SEC. 3. DEFINITIONS. In this Act: (1) Early learning program.--The term ``early learning'', used with respect to a program, means a program of activities designed to facilitate development of cognitive, language, motor, and social-emotional skills in children under age 6 as a means of enabling the children to enter school ready to learn, such as a Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), or a State pre-kindergarten program. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State.--The term ``State'' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) State agency.--The term ``State agency'' means an agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b). SEC. 4. GRANTS TO STATE AGENCIES. (a) Establishment of Program.--The Secretary shall establish and carry out a program to promote child literacy and improve children's access to books at home and in early learning, child care, literacy, and nutrition programs, by making books available through early learning programs, child care programs, hospital-based or clinic-based literacy programs, library-based literacy programs, nutrition programs at clinics described in section 6(a)(2)(A)(v), faith-based literacy programs, and other literacy programs. (b) Grants.-- (1) In general.--In carrying out the program, the Secretary shall make grants to State agencies from allotments determined under paragraph (2). (2) Allotments.--For each fiscal year, the Secretary shall allot to each State an amount that bears the same ratio to the total of the available funds for the fiscal year as the amount the State receives under section 658O(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) for the fiscal year bears to the total amount received by all States under that section for the fiscal year. (c) Applications.--To be eligible to receive an allotment under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Accountability.--The provisions of sections 658I(b) and 658K(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(b), 9858i(b)) shall apply to State agencies receiving grants under this Act, except that references in those sections-- (1) to a subchapter shall be considered to be references to this Act; and (2) to a plan or application shall be considered to be references to an application submitted under subsection (c). (e) Definition.--In this section, the term ``available funds'', used with respect to a fiscal year, means the total of-- (1) the funds made available under section 417(c)(1) of title 39, United States Code, for the fiscal year; and (2) the amounts appropriated under section 9 for the fiscal year. SEC. 5. CONTRACTS TO CHILD CARE RESOURCE AND REFERRAL AGENCIES. A State agency that receives a grant under section 4 shall use funds made available through the grant to enter into contracts with local child care resource and referral agencies to carry out the activities described in section 6. The State agency may reserve not more than 3 percent of the funds made available through the grant to support a public awareness campaign relating to the activities. SEC. 6. USE OF FUNDS. (a) Activities.-- (1) Book payments for eligible providers.--A child care resource and referral agency that receives a contract under section 5 shall use the funds made available through the grant to provide payments for eligible providers, on the basis of local needs, to enable the providers to make books available to promote child literacy and improve children's access to books at home and in early learning, child care, literacy, and nutrition programs. (2) Eligible providers.--To be eligible to receive a payment under paragraph (1), a provider shall-- (A)(i) be a center-based child care provider, a group home child care provider, or a family child care provider, described in section 658P(5)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(5)(A)); (ii) be a Head Start agency designated under section 641 of the Head Start Act (42 U.S.C. 9836), an entity that receives assistance under section 645A of such Act (42 U.S.C. 9840a) to carry out an Early Head Start program, or another provider of an early learning program; (iii) be an entity that carries out a hospital- based or clinic-based literacy program; (iv) be an entity that carries out a library-based literacy program serving children under age 6; (v) be an entity that carries out a nutrition program at a clinic (as defined in part 246.2 of title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(6)); (vi) be an entity that carries out a faith-based literacy program serving children under age 6; or (vii) be another entity carrying out a literacy program serving children under age 6; and (B) provide services in an area where children face high risks of literacy difficulties, as defined by the Secretary. (b) Responsibilities.--A child care resource and referral agency that receives a contract under section 5 to provide payments to eligible providers shall-- (1) consult with local individuals and organizations concerned with early literacy (including parents, teachers, pediatricians, directors of the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), literacy coalitions, and organizations carrying out the Reach Out and Read, First Book, and Reading Is Fundamental programs) regarding local book distribution needs; (2) make reasonable efforts to learn public demographic and other information about local families and child literacy programs carried out by the eligible providers, as needed to inform the agency's decisions as the agency carries out the contract; (3) coordinate local orders of the books made available under this Act; (4) distribute, to each eligible provider that receives a payment under this Act, not fewer than 1 book every 6 months for each child served by the provider for more than 3 of the preceding 6 months; (5) use not more than 5 percent of the funds made available through the contract to provide training and technical assistance to the eligible providers on the effective use of books with young children at different stages of development; and (6) be a training resource for eligible providers that want to offer parent workshops on developing reading readiness. (c) Discounts.-- (1) In general.--Federal funds made available under this Act for the purchase of books may only be used to purchase books on the same terms as are customarily available in the book industry to entities carrying out nonprofit bulk book purchase and distribution programs. (2) Terms.--An entity offering books for purchase under this Act shall be present to have met the requirements of paragraph (1), absent contrary evidence, if the terms include a discount of 43 percent off the catalogue price of the books, with no additional charge for shipping and handling of the books. (d) Administration.--The child care resource and referral agency may not use more than 6 percent of the funds made available through the contract for administrative costs. SEC. 7. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report on the implementation of the activities carried out under this Act. SEC. 8. SPECIAL POSTAGE STAMPS FOR CHILD LITERACY. Chapter 4 of title 39, United States Code is amended by adding at the end the following: ``Sec. 417. Special postage stamps for child literacy ``(a) In order to afford the public a convenient way to contribute to funding for child literacy, the Postal Service shall establish a special rate of postage for first-class mail under this section. The stamps that bear the special rate of postage shall promote childhood literacy and shall, to the extent practicable, contain an image relating to a character in a children's book or cartoon. ``(b)(1) The rate of postage established under this section-- ``(A) shall be equal to the regular first-class rate of postage, plus a differential of not to exceed 25 percent; ``(B) shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures described in chapter 36); and ``(C) shall be offered as an alternative to the regular first-class rate of postage. ``(2) The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons. ``(c)(1) Of the amounts becoming available for child literacy pursuant to this section, the Postal Service shall pay 100 percent to the Department of Health and Human Services. ``(2) Payments made under this subsection to the Department shall be made under such arrangements as the Postal Service shall by mutual agreement with such Department establish in order to carry out the objectives of this section, except that, under those arrangements, payments to such agency shall be made at least twice a year. ``(3) In this section, the term `amounts becoming available for child literacy pursuant to this section' means-- ``(A) the total amounts received by the Postal Service that the Postal Service would not have received but for the enactment of this section; reduced by ``(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including costs attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that the Postal Service shall prescribe. ``(d) It is the sense of Congress that nothing in this section should-- ``(1) directly or indirectly cause a net decrease in total funds received by the Department of Health and Human Services, or any other agency of the Government (or any component or program of the Government), below the level that would otherwise have been received but for the enactment of this section; or ``(2) affect regular first-class rates of postage or any other regular rates of postage. ``(e) Special postage stamps made available under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of enactment of this section. ``(f) The Postmaster General shall include in each report provided under section 2402, with respect to any period during any portion of which this section is in effect, information concerning the operation of this section, except that, at a minimum, each report shall include information on-- ``(1) the total amounts described in subsection (c)(3)(A) that were received by the Postal Service during the period covered by such report; and ``(2) of the amounts described in paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(3)(B). ``(g) This section shall cease to be effective at the end of the 2- year period beginning on the date on which special postage stamps made available under this section are first made available to the public.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2003 through 2007. | Book Stamp Act - Directs the Secretary of Health and Human Services (HHS) to establish a grant program (based on certain State allocations under the Child Care and Development Block Grant Act of 1990) to promote child literacy and improve children's access to books at home and in early learning, child care, literacy and nutrition programs, by making books available through such programs.Requires State agencies to use such grants to enter into contracts with local child care resource and referral agencies to: (1) provide payments for eligible early learning, child care, literacy and nutrition providers, on the basis of local needs, to make books available; and (2) improve children's access to books at home. Allows State agencies to reserve a portion of grant funds to support a public awareness campaign relating to program activities.Amends Federal law relating to the U.S. Postal Service (USPS) to require USPS to establish special postage stamps for child literacy, at the regular first-class rate plus a differential amount, for voluntary use by patrons. Requires USPS to pay certain amounts raised by stamp sales to HHS for child literacy promotion activities. |
SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``GEAR UP Enhancement Act of 2007''. (b) References.--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 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1998, Congress created the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) following the leadership and innovation of successful programs such as Say Yes to Education, 21st Century Scholars Program, Tell Them We Are Rising, ``I Have a Dream'' Foundation, Project GRAD, and others. GEAR UP, originally conceived of as High Hopes, is now one of the most innovative and successful national college access programs. (2) Though college has become a reality for more families now than ever before, an opportunity gap continues to exist in which low-income students are far less likely to earn a high school diploma, and enroll in and complete college. Whereas 73.9 percent of all students nationally graduate from high school, only 52.1 percent of children from low-income families achieve this educational milestone. While 76 percent of high- income high school graduates enroll in college or trade school, only 49 percent of low-income graduates do so. (3) Since its enactment, GEAR UP has served approximately 2 million students in 48 states, the District of Columbia, American Samoa, Guam, Palau and Puerto Rico. The Department of Education reports that 84.4 percent of the first class of GEAR UP students graduated from high school, while only 52.1 percent of low-income students and 73.9 percent all students nationally achieved this same educational milestone. An ACT study found that students from GEAR UP schools had greater changes in academic performance, were more likely to be on track to be college-ready in English and Reading, more likely to take the core high school curriculum, and more likely to have plans for college at grade 10. SEC. 3. AWARD PERIOD; PRIORITY. Section 404A(b) (20 U.S.C. 1070a-21(b)) is amended by striking paragraph (2) and inserting the following: ``(2) Award period.--The Secretary may award a grant under this chapter to an eligible entity described in paragraphs (1) and (2) of subsection (c) for 7 years. ``(3) Priority.--In making awards to eligible entities described in subsection (c)(1), the Secretary shall-- ``(A) give priority to eligible entities that-- ``(i) on the day before the date of enactment of the GEAR UP Enhancement Act of 2007, carried out successful educational opportunity programs under this chapter (as this chapter was in effect on such day); and ``(ii) have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; and ``(B) ensure that students served under this chapter on the day before the date of enactment of the GEAR UP Enhancement Act of 2007 continue to receive assistance through the completion of secondary school.''. SEC. 4. REQUIREMENTS: CONTINUITY OF SERVICES. (a) Cohort Approach.--Section 404B(g)(1) (20 U.S.C. 1070a-22(g)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) in subparagraph (B)-- (A) by inserting ``and provide the option of continued services through the student's first year of attendance at an institution of higher education'' after ``grade level''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) provide services under this chapter to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.''. (b) Early Intervention.--Section 404D (20 U.S.C. 1070a-24) is amended-- (1) in subsection (a)(1)(B)-- (A) by striking ``and'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iv) the transition to college or post- secondary education through continuity of services to support students in and through the first year of attendance at an institution of higher education.''; (2) in subsection (b)(2)(A), by inserting ``and students in the first year of attendance at an institution of higher education'' after ``grade 12''; and (3) in subsection (c), by inserting ``, and may consider students in their first year of attendance at an institution,'' after ``grade 12''. SEC. 5. FLEXIBILITY IN MEETING MATCHING REQUIREMENTS. Section 404C (20 U.S.C. 1070a-23) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A), by inserting ``and accrued over the full duration of the grant award period'' after ``in cash or in kind''; (B) in paragraph (2), by adding at the end the following new sentence: ``Eligible entities may request reduced match percentage at the time of application or by petition at any time during the grant award period.''; and (C) by adding at the end the following new paragraph: ``(3) Additional special rule.--To encourage eligible entities described in 404A(c) to provide students under this chapter with financial assistance for post-secondary education, each dollar of non-Federal funds obligated under subsection (c)(1) and (c)(2) shall, for purposes of paragraph (1)(A) of this subsection, be treated as 2 dollars.''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``paid to students from State, local, institutional, or private funds under this chapter'' and inserting ``obligated to students from state, local, institutional, or private funds under this chapter, including pre-existing , non- federal financial assistance programs''; (B) by striking ``and'' at the end of paragraph (2); (C) by striking the period at the end of paragraph (3); and (D) by adding at the end the following new paragraph: ``(4) other resources recognized by the Secretary, including equipment and supplies, cash contribution from non- Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.''. SEC. 6. EARLY INTERVENTION. Section 404D (20 U.S.C. 1070a-24) is amended-- (1) in subsection (b)(2)(A)(ii), by striking ``and academic counseling'' and inserting ``, academic counseling, and financial literacy and economic literacy education or counseling''; (2) in subsection (b)(2), by adding at the end the following new subparagraphs: ``(F) Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities. ``(G) Engaging entities described in section 404A(c)(2)(C) in a collaborative manner to provide matching resources and participate in other activities authorized under this section. ``(H) Disseminating information that promotes the importance of higher education, explains college preparation and admission requirements, and raises awareness of the resources and services provided by the eligible entities described in section 404A(c) to eligible students, their families, and communities.''; and (3) by adding at the end of subsection (b) the following new paragraph: ``(3) Additional permissible activities for states.--In meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter may, in addition to the activities authorized by paragraph (2), use funds to providing technical assistance to-- ``(A) middle schools or secondary schools that are located within the State; or ``(B) partnerships described in section 404A(c)(2) that are located within the State.''. SEC. 7. SCHOLARSHIP COMPONENT. Section 404E (20 U.S.C. 1070a-25) is amended-- (1) in subsection (a)(1), by inserting ``scholarships to students to supplement aid for which they are regularly eligible'' after ``shall establish or maintain a financial assistance program that awards''; (2) in subsection (a)(2), by inserting ``scholarships to students to supplement aid for which they are regularly eligible'' after ``An eligible entity described in section 404A(c)(2) may award''; (3) in subsection (b)(2), by striking ``the maximum Federal Pell Grant'' and inserting ``the minimum Federal Pell Grant''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 404H (20 U.S.C. 1070a-31) is amended by striking ``$200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$500,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 6 succeeding fiscal years''. | GEAR UP Enhancement Act of 2007 - Amends the Higher Education Act of 1965 to revise the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP) created to facilitate the transition of low-income high school students into postsecondary education. Establishes a seven year GEAR UP grant period. Requires grantees to provide services to students through their first year of postsecondary education. Revises GEAR UP matching requirements to allow: (1) matching funds to accrue over the duration of a grant; (2) grantees to request that the match be reduced; and (3) each non-federal dollar obligated for student financial aid to be treated as two dollars toward the match. Expands permissible uses of grant funds to include promoting student financial and economic literacy and facilitating family and community involvement in the program. Permits state grantees to use program funds for technical assistance to middle or secondary schools or partnership grantees located in the state. Provides that GEAR UP scholarships are to supplement aid to which students are already eligible. Alters the formula used in determining the minimum GEAR UP scholarship to factor in the minimum, rather than maximum, Pell Grant. Reauthorizes GEAR UP appropriations through FY2014. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Conservation Corps Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) On April 20, 2010, the mobile offshore drilling unit Deepwater Horizon, operated by BP, P.L.C. (in this Act referred to as ``BP''), exploded and sank, triggering the oil spill that is the worst environmental disaster in the history of the United States. (2) Since then, BP has been unsuccessful in stemming the discharge of oil into the Gulf of Mexico, currently estimated at a rate of up to 60,000 barrels of oil per day. (3) Many who live in the area of the Gulf of Mexico are dependent on the Gulf for their livelihoods. (4) The fishing industry, including seafood processing and related wholesale and retail businesses, supports over 200,000 jobs with related economic activity of $5,500,000,000. (5) As of May 25, 2010, commercial and recreational fishing were prohibited within a 54,096 square-mile area, approximately 22 percent of Federal waters of the Gulf Exclusive Economic Zone. (6) The tourist industry contributed 620,000 jobs and over $9,000,000,000 in wages to the Gulf region. (7) The oil spill will require a dedicated and trained workforce working over an extended period of time to clean up and restore the damage. (8) Contracts and cooperative agreements between Federal agencies and State and local governments and other entities empower communities and are cost-effective tools that provide positive social and environmental benefits. The use of such contracts and agreements should be encouraged as a means to rehabilitate public land affected or altered by the BP oil spill, and enhance and maintain environmentally important land and water. (9) Joint collaborations between the Federal agencies, private businesses, and local, State, and Federal service and conservation corps are particularly beneficial, as the collaborations provide the opportunity to prepare for productive lives while engaged in meaningful and educational public service opportunities, and the public with cost-saving human resources to assist in conserving, maintaining, and protecting public land. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to create a Gulf Coast Conservation Corps to perform rehabilitation and enhancement projects in any area of the Gulf of Mexico affected by the oil discharged as a result of the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon by creating a workforce to collect the oil discharged, and restore affected wildlife and damaged ecosystems, in such areas; (2) to create jobs in the Gulf of Mexico region that offer unemployed individuals a chance to obtain skills and experience so that they are better equipped to gain productive employment related to environmental restoration; and (3) to provide such individuals the opportunity to serve their communities and the Country. SEC. 4. GULF COAST CONSERVATION CORPS. (a) Establishment.--There is established the Gulf Coast Conservation Corps (in this Act referred to as the ``Corps''), which shall be administered by the President and shall carry out rehabilitation and enhancement projects described in subsection (b). (b) Rehabilitation and Enhancement Projects.--The President, through the Corps, shall hire individuals that meet the requirements described in subsection (c) to carry out rehabilitation and enhancement projects involving the construction, maintenance, cleaning, and restoration (including the restoration of wildlife and plantlife) in any area of the Gulf of Mexico affected by the oil discharged as a result of the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon. (c) Participants.-- (1) In general.--To be selected as a participant in the Corps, an individual-- (A) shall be otherwise unemployed; (B) shall be a citizen or legal permanent resident of the United States; (C) shall be physically capable of performing the work required by the specific project, subject to any reasonable accommodations that may be made for such individual in accordance with the Americans with Disabilities Act; and (D) shall not be enrolled as a full-time student in any institution of higher education, vocational or job training school or program and may not prematurely terminate such enrollment to obtain employment under this Act. (2) No displacement of existing employees or positions of permanent employment.--Individuals participating in the Corps whose positions are funded under this Act may not displace other employees whose positions are not funded under this Act. (3) Compensation.--Individuals participating in the Corps shall be compensated at the same rates, including periodic increases, as employees who are similarly situated in similar occupations and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law. (4) Not federal employees.--Individuals participating in the Corps shall not be considered employees of the Federal Government. (d) Authorized Uses of Funds.--In administering the Corps, the President may carry out the following: (1) Enter into a contract or cooperative agreement with-- (A) any local, State, or Federal service or conservation corps, including a service or conservation corps carried out by the Corporation for National and Community Service under the national service laws; (B) a department of natural resources, agriculture, or marine (or an equivalent department) of any State; or (C) a nongovernmental or private organization; or (D) any other agency or organization that may assist the President in administering the Corps. (2) Provide the Corps with technical assistance, administrative support, and assistance in training participants. (3) Monitor and evaluate the Corps to ensure that the Corps is in compliance with the requirements of this Act. (4) Consult with international authorities on the best methods and practices for carrying out the projects described in subsection (b). (5) Carry out research and development activities to determine the best methods and practices for carrying out the projects described in subsection (b). SEC. 5. FUNDING FROM OIL SPILL LIABILITY TRUST FUND. The cost of carrying out this Act shall be treated as removal costs for purposes of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), including section 1012 of that Act (33 U.S.C. 2712; relating to the use of amounts in the Oil Spill Liability Trust Fund). SEC. 6. DEFINITIONS. In this Act: (1) In general.--The terms ``discharge''; ``oil''; and ``removal'' have the meanings given the terms in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) National service laws.--The term ``national service laws'' has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (4) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2011 and 2012. | Gulf Coast Conservation Corps Act of 2010 - Establishes the Gulf Coast Conservation Corps. Requires the President, through the Corps, to hire individuals who meet certain requirements (unemployed, U.S. citizens or legal permanent residents, physically capable of performing work, and not enrolled as a full-time student) to carry out rehabilitation and enhancement projects involving the construction, maintenance, cleaning, and restoration in any area of the Gulf of Mexico affected by the oil discharged as a result of the Deepwater Horizon incident. Prohibits Corps participants whose positions are funded under this Act from displacing other employees whose positions are not funded under this Act. Allows Oil Spill Liability Trust Fund amounts to be used for the costs of carrying out this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Emergencies Lack Provider Specialists Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In communities facing environmental health hazards that have been declared a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), it is increasingly difficult for the health care facilities in those areas to recruit the specialists necessary to treat the particular health needs of the residents. As a result, these communities and their populations are medically underserved. (2) Since 1970, the National Health Service Corps has helped communities recruit health care professionals who are committed to serving the needs of underserved populations. SEC. 3. NATIONAL HEALTH SERVICE CORPS; PARTICIPATION OF SPECIALISTS IN LOAN REPAYMENT AND SCHOLARSHIP PROGRAMS. (a) Mission of Corps; Definition of Primary Health Services.-- Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by striking ``or mental health,'' and inserting ``mental health, or specialists needed to serve in medically underserved areas or populations that have needs for particular specialists related to a public health emergency declaration (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) based upon environmental health hazard-related health concerns,''. (b) Loan Repayment Program.--Section 338B of the Public Health Service Act (42 U.S.C. 254l-1) is amended-- (1) in subsection (a)(1), by striking ``and physician assistants;'' and inserting ``physician assistants, and specialists related to the health needs of environmental exposure affected individuals stemming from its declaration as a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980);''; (2) in subsection (b)(1)-- (A) in subparagraph (A), by inserting before the semicolon the following: ``, or have been det ermined by the Secretary to be a specialist necessary to treat the particular health needs of environmental exposure affected individuals in an area that has been declared a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980)''; (B) in subparagraph (B), by inserting ``specialists related to the health needs of environmental exposure affected individuals stemming from its declaration as a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980),'' after ``mental health,''; and (C) in subparagraph (C)(ii), by inserting ``specialists related to the health needs of environmental exposure affected individuals stemming from its declaration as a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980),'' after ``dentistry,''; and (3) by adding at the end the following: ``(i) Definition.--In this section, the term `environmental exposure affected individual' means any individual who-- ``(1) is diagnosed with a medical condition caused by the exposure of the individual to a public health hazard to which an emergency declaration applies, based on such medical conditions, diagnostic standards, and other criteria as the Secretary specifies; ``(2) as demonstrated in such manner as the Secretary determines appropriate, has been present for an aggregate total of 6 months in the geographic area subject to the emergency declaration involved, during a period determined appropriate by the Secretary; and ``(3) is determined under this section to meet the criteria described in this subsection.''. (c) Scholarship Program.--Section 338A of the Public Health Service Act (42 U.S.C. 254l) is amended-- (1) in subsection (a)(1), by striking ``and physician assistants;'' and inserting ``physician assistants, and specialists related to the health needs of environmental exposure affected individuals stemming from its declaration as a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980);''; (2) in subsection (b)(1), by inserting before the semicolon the following: ``, or have been determined by the Secretary to be a specialist necessary to treat the particular health needs of environmental exposure affected individuals in an area that has been declared a public health emergency (pursuant to section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980)''; and (3) by adding at the end the following: ``(i) In this section, the term `environmental exposure affected individual' means any individual who-- ``(1) is diagnosed with a medical condition caused by the exposure of the individual to a public health hazard to which an emergency declaration applies, based on such medical conditions, diagnostic standards, and other criteria as the Secretary specifies; ``(2) as demonstrated in such manner as the Secretary determines appropriate, has been present for an aggregate total of 6 months in the geographic area subject to the emergency declaration involved, during a period determined appropriate by the Secretary; and ``(3) is determined under this section to meet the criteria described in this subsection.''. | Health Emergencies Lack Provider Specialists Act of 2010 - Amends the Public Health Service Act to make eligible for the National Health Service Corps loan repayment and scholarship programs specialists needed to serve medically underserved areas or populations that have needs for particular specialists related to a public health emergency declaration based upon environmental health hazard-related health concerns. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Rural Physician Recruitment and Retention Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States is facing shortages in a wide range of health workforce professions, including as many as 91,500 physicians, consisting of 46,100 specialists and 45,400 primary care physicians, by 2020. Many rural and other underserved areas continue to experience chronic shortages. (2) These shortages will be exacerbated as millions of previously uninsured Americans gain access to health insurance and the ``Baby Boomer'' generation enters the Medicare program in greater numbers. (3) To address the physician shortage, United States medical schools have already started fulfilling their commitment to expanding class size by 30 percent by the year 2015. However, the Medicare program has not yet increased the number of approved medical residency training positions it helps support in order to accommodate a 30 percent increase in medical school graduates. (4) From 1966 through 1991, Medicare physician payments reflected physician charges for health care services. The Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239) mandated the creation of a national Medicare physician fee schedule, which was implemented in 1992. (5) As mandated by the Balanced Budget Act of 1997 (Public Law 105-33), the statutory method for determining annual updates to the Medicare physician fee schedule, known as the sustainable growth rate system, has resulted in a reduction in physician reimbursement rates each year since 2002. With the exception of 2002, when a 4.8 percent decrease was applied, Congress has passed a series of bills to override the reductions. (6) Although a number of modifications to the Medicare sustainable growth rate system have been proposed, Congress has yet to pass legislation that would provide for a long-term alternative to the current system. (7) The Medicare physician fee schedule establishes payment rates for more than 7,000 services. Payments for each service on the fee schedule is based on 3 relative value units that correspond to the 3 physician payment components of physician work, practice expense, and malpractice expense. (8) Each relative value unit is geographically adjusted to reflect the cost of providing a particular service in a particular location (a ``locality''). Physician payment localities are primarily consolidations of the carrier-defined localities established in 1966. (9) Medicare's geographic adjustment for a particular physician payment locality is determined using 3 Geographic Practice Cost Indices that also correspond to the 3 Medicare physician payment components of physician work, practice expense, and malpractice expense. (10) In general, Medicare Geographic Practice Cost Indices (and thus, reimbursements) are less in rural areas than in urban areas largely because rural cost-of-living is estimated to be lower. (11) Medicare Geographic Practice Cost Indices are based on 1990 earnings of professionals with 5 or more years of post high school education, not current physician earnings, and the office rent portion of the practice expense Geographic Practice Cost Index is based on 2000 residential apartment rental data from the Department of Housing and Urban Development, proxy data used in place of actual national data for physician office rents. (12) Rural physician employers and rural communities recruiting physicians must pay salaries that are competitive in regional and national, not local, markets. (13) Though the percentage difference may seem small, the elderly represent a higher percent of the rural population. Consequently, Medicare patients will represent a greater percentage of a rural physician's practice, and differences in payment due to variation in Medicare Geographic Practice Cost Indices represent many thousands of reimbursement dollars. (14) Furthermore, commercial insurers often reimburse physicians at rates directly related to Medicare's fee schedule. As a result, the impact of any Medicare payment disparity is potentially extended to non-Medicare payors as well. (15) Recruitment and retention of rural physicians remains problematic. TITLE I--RURAL PHYSICIAN RETENTION IN MEDICARE SEC. 101. MEDICARE PHYSICIAN FEE SCHEDULE UPDATE. (a) Update.-- (1) Remaining portion of 2010.--Section 1848(d)(11) of the Social Security Act (42 U.S.C. 1395w-4(d)(11)) is amended-- (A) in the heading, by striking ``november'' and inserting ``december''; (B) in subparagraph (A), by striking ``November 30'' and inserting ``December 31''; and (C) in subparagraph (B)-- (i) in the heading, by striking ``remaining portion of 2010'' and inserting ``2011''; and (ii) by striking ``the period beginning on December 1, 2010, and ending on December 31, 2010, and for''. (2) For 2011 and subsequent years.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following new paragraph: ``(12) Update for 2011 and subsequent years.--The update to the single conversion factor established in paragraph (1)(C) for 2011 and each subsequent year shall be the percentage increase in the MEI (as defined in section 1842(i)(3)) for that year.''. (b) Conforming Sunset of Sustainable Growth Rate.--Section 1848(f)(1)(B) of the Social Security Act (42 U.S.C. 1395w-4(f)(1)(B)) is amended by inserting ``(ending with 2008)'' after ``each succeeding year''. SEC. 102. RECOGNITION OF EQUALITY OF PHYSICIAN WORK IN ALL GEOGRAPHIC AREAS UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraphs (B)'' through ``the Secretary'' and inserting ``the succeeding provisions of this paragraph, the Secretary''; and (2) in subparagraph (E)-- (A) by striking ``and before January 1, 2011,''; and (B) by adding at the end the following new sentence. ``For services furnished on or after January 1, 2011, the preceding sentence shall not be applied in a budget neutral manner.''. SEC. 103. REVISIONS TO THE PRACTICE EXPENSE GEOGRAPHIC ADJUSTMENT UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) Repeal.--Effective as if included in the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), the provisions of, and amendments made by, sections 3102(b) and 10324(c) of such Act and section 1108 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) are repealed. (b) Establishment of Floor.--Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-4(e)(1)) is amended by adding at the end the following new subparagraph: ``(F) Floor at 1.0 on practice expense geographic index.--After calculating the practice expense geographic index in subparagraph (A)(i), for purposes of payment for services furnished on or after January 1, 2010, the Secretary shall increase the practice expense geographic index to 1.0 for any locality for which such practice expense geographic index is less than 1.0. The preceding sentence shall not be applied in a budget neutral manner.''. TITLE II--RURAL PHYSICIAN RECRUITMENT IN MEDICARE SEC. 201. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``and (8)'' and inserting ``, (8), and (9)''; (2) in paragraph (4)(H)(i), by striking ``and (8)'' and inserting ``, (8), and (9)''; (3) in paragraph (7)(E), by striking ``this paragraph, paragraph (8),'' and inserting ``paragraph, paragraph (8), paragraph (9),''; and (4) by adding at the end the following new paragraph: ``(9) Distribution of additional residency positions.-- ``(A) Number available for distribution.--The number of additional residency positions available for distribution under subparagraph (B) shall be an amount that the Secretary determines would result in a 15 percent increase in the aggregate number of full-time equivalent residents in approved medical residency training programs (as determined based on the most recent cost reports available at the time of distribution). ``(B) Distribution.--The Secretary shall increase the otherwise applicable resident limit for each qualifying hospital that submits an application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1, 2011. The aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to the number of additional residency positions available for distribution under subparagraph (A). ``(C) Considerations in distribution.--In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions within the first 3 cost reporting periods beginning on or after July 1, 2011, made available under this paragraph, as determined by the Secretary. ``(D) Priority for certain areas.-- ``(i) In general.--In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), the Secretary shall give preference to hospitals located in States that are in the lowest quartile of active physician- to-population ratio. ``(ii) Hospitals in other states.--In the case where the Secretary does not distribute all of the positions available for distribution under subparagraph (A) to hospitals located in States described in clause (i), the Secretary shall distribute the remaining positions available to qualifying hospitals in other States. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(F) Definitions.--In this paragraph: ``(i) Reference resident level.-- ``(I) In general.--Except as otherwise provided in subclause (II), the reference resident level specified in this clause for a hospital is the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. ``(II) Use of most recent accounting period to recognize expansion of existing program or establishment of new program.--If a hospital submits a timely request to increase its resident level due to an expansion of an existing residency training program or the establishment of a new residency training program that is not reflected on the most recent cost report that has been settled (or, if not, submitted (subject to audit)), after audit and subject to the discretion of the Secretary, the reference resident level for such hospital is the resident level for the cost reporting period that includes the additional residents attributable to such expansion or establishment, as determined by the Secretary. ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i). ``(iii) Otherwise applicable resident level.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A) and (8)(A)''. (b) IME.-- (1) In general.--The second sentence of section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended to read as follows: ``The provisions of subsections (h)(4)(H)(vi), (h)(7), (h)(8), and (h)(9) shall apply with respect to the first sentence of this clause in the same manner as they apply with respect to subsection (h)(4)(F)(i).''. (2) Conforming amendment.--Section 1886(d)(5)(B)(x) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(x)), as added by section 5503(b)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) is redesignated as clause (xi) and amended by striking ``subsection (h)(8)(B)'' and inserting ``subsection (h)(8)(B) or (h)(9)(B)''. (c) Conforming Amendment.--Section 422(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amendment by striking ``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and (9)''. | Medicare Rural Physician Recruitment and Retention Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend the current update to the single conversion factor in the formula for the Medicare physician fee schedule through December 31, 2010; and (2) add an update for 2011 and subsequent years. Repeals the January 1, 2001, termination of the increase in the work geographic index to 1.00 for certain localities. Declares, however, that for services furnished on or after January 1, 2011, such 1.00 index shall not be applied in a budget neutral manner. Amends the Patient Protection and Affordable Care Act (PPACA) to repeal its revisions to requirements for calculation of the practice expense portion of the geographic adjustment factor applied in a fee schedule area for services furnished in 2010 or 2011. Repeals also the requirement that the Secretary analyze current methods of establishing practice expense geographic adjustments and make appropriate further adjustments (a new methodology) to such adjustments for 2010 and subsequent years. Amends PPACA to repeal the practice expense index for services furnished in frontier states. Amends the Health Care and Education Reconciliation Act of 2010 (HCERA) to repeal certain modifications in the employee wage and rent portions of the practice expense geographic index adjustment for 2010 and subsequent years. (Such modifications require that such portions reflect 1/2 (instead of 3/4) of the difference between the relative costs of employee wages and rents in each of the different fee schedule areas and the national average of such employee wages and rents.) Restores as though never amended corresponding previous provisions of law revised by PPACA and HCERA. Directs the Secretary of Health and Human Services (HHS) to increase the practice expense geographic index for services furnished on or after January 1, 2010, to 1.0 for certain localities. Declares that, as with the work geographic index, such increase shall not be applied in a budget neutral manner. Revises requirements for determination of full-time-equivalent (FTE) residents in an approved medical residency training program for purposes of payments for direct graduate medical education (GME) costs. Directs the Secretary to increase the limit on residents for each qualifying hospital that applies for additional residency positions. Requires an overall 15% increase in the aggregate number of FTE residency positions in approved medical residency training programs. Requires the Secretary to give preference to hospitals located in states in the lowest quartile of active physician-to-population ratio (generally, rural areas). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Privacy Protection Act''. SEC. 2. PROHIBITIONS RELATING TO INFORMATION COLLECTION DEVICES. (a) Prohibition.--It is unlawful for any person to knowingly make, import, export, distribute, sell, offer for sale, install, or use an information collection device in a manner that violates any regulation issued under subsection (b). (b) Regulations.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Federal Trade Commission shall issue regulations that make it unlawful under subsection (a) for any person-- (A) to knowingly make, import, export, distribute, sell, or offer for sale an information collection device, unless the device has a label that discloses in a manner that is readily apparent and understood that the device may transmit from a computer information that is identifiable to that computer, to a primary user of that computer, or to an individual who operates that computer but is not a primary user thereof; (B) to knowingly install an information collection device on a computer that is not under general management and control of that person, unless that person in accordance with regulations issued under paragraph (2)-- (i) has given a primary user of that computer notice of such installation; and (ii) after providing such notice to a primary user, has obtained the consent of the primary user to such installation; or (C) to knowingly use an information collection device to transmit from a computer that is not under general management and control of that person, any information that is identifiable to that computer, to a primary user of that computer, or to an individual who operates that computer but is not a primary user thereof, unless that person in accordance with regulations issued under paragraph (2)-- (i) has given a primary user of that computer notice that the device may transmit such information; and (ii) after providing such notice to a primary user, has obtained consent by the primary user to such a transmission. (2) Notice and consent.--For purposes of notice and consent required by paragraph (1), regulations shall require that-- (A) notice be given and consent be obtained for each instance of installation or use of an information collection device; and (B) consent is effective only if the person obtaining the consent has a good faith belief that the person giving the consent-- (i) has attained 18 years of age; and (ii) has authority to give such consent. (c) Limitation on Application of Regulations.--Regulations issued under subsection (b)(1)(A) shall not prohibit the making, importation, exportation, distribution, sale, or offer for sale of any information collection device made before the date of the enactment of this Act. (d) Penalty.-- (1) In general.--Subject to paragraph (2), whoever violates this section shall be fined $500 for the first such violation and $1,500 for each subsequent violation. (2) Information about minors.--Whoever commits a violation of a regulation issued under subsection (b)(1)(C) shall be fined twice the amount of the fine that would otherwise apply under this subsection if such violation results in the transmission from a computer of information that is identifiable to-- (A) an individual who operates that computer and has not attained 18 years of age; or (B) that computer if a primary user of that computer is an individual who has not attained such age. (3) Subsequent violations.--Each violation of a regulation issued under subsection (b)(1), including each transmission of information in violation of subsection (b)(1)(C), constitutes a separate violation for purposes of this subsection. (e) Definitions.--For purposes of this section: (1) Computer.--The term ``computer'' means a programmable electronically activated device that-- (A) is capable of accepting information, applying prescribed processes to the information, and supplying the results of those processes with or without human intervention; and (B) consists of a central processing unit containing extensive storage, logic, and control capabilities. (2) Information collection device.--The term ``information collection device'' means any device that-- (A) is a computer program that is capable of collecting and transmitting from a computer to a person other than a primary user of that computer, information that is identifiable to that computer, to a primary user of that computer, or to an individual who operates that computer but is not a primary user thereof; and (B) does not consist of only a simple identifying string of computer code, commonly referred to as a ``cookie''. (3) Primary user.--The term ``primary user'' means any individual with general authority over management and use of a computer or any person on whose behalf an individual exercises such general authority. | Sets forth civil penalties for violations of this Act. |
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