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SECTION 1. FINDINGS. The Congress finds the following: (1) After significant work educating the people of the United States about the February 17, 2009, digital television transition, efforts to delay the transition will confuse people, leaving them less, rather than more, prepared. Delay will-- (A) not move a single consumer off of the waiting list for analog-to-digital converter box coupons; (B) require an additional appropriation of $650 million in the American Recovery and Reinvestment Act of 2009; (C) jeopardize the availability of the spectrum that the transition clears for police, firefighters, and emergency personnel (spectrum that public safety officials stated 5 years to the day before September 11, 2001, they needed), and jeopardize that spectrum despite the support in the 2004 report of the 9/11 Commission for legislation setting an even earlier firm date; and (D) jeopardize the availability of the spectrum that the transition clears for advanced wireless services, perhaps our Nation's best and quickest way to improve broadband deployment, stimulating the economy and creating job growth. (2) The program sending households up to 2 coupons, each worth $40, to use for the purchase of analog-to-digital converter boxes is not out of funds. Only approximately half of the $1.5 billion in the coupon program has been spent on redeemed coupons; the other half remains in circulation, which is why there is a waiting list. Under current law, the coupons expire 90 days after issuance if not redeemed. Approximately 300,000 coupons expire every week, and the recouped funding is used to send more coupons. (3) In a January 14, 2009, letter, the Commerce Department said that the National Telecommunications and Information Administration could immediately resume sending coupons even before existing ones expire if Congress authorized another $250 million for the program. The Treasury of the United States might even recoup those funds because of unredeemed coupons that expire at the end of the program. (4) Industry has spent more than $1 billion successfully educating consumers about the transition and the February 17, 2009, transition date. According to Nielsen, as of the end of November 2008, approximately 93 percent of television households already had one or more televisions ready for the transition because the televisions had a digital tuner, were connected to cable or satellite service, or were connected to a converter box. Approximately 83 percent of television households had all their televisions ready. (5) Only households that rely exclusively on over-the-air antennas to receive television service and that do not have a digital television or a converter box are at risk of losing all television service. According to Nielsen, there are approximately 14.3 million exclusively over-the-air households. The National Telecommunications and Information Administration reports that it has already sent coupons to approximately 13.5 million households that identify themselves as relying exclusively on over-the-air antennas. Thus, only 800,000 exclusively over-the-air households have not yet received a coupon. Approximately 600,000 of those households are on the waiting list to receive a coupon. Authorizing an additional $250 million for the coupon program should help those households receive coupons before the transition date. (6) Based on these figures, only 200,000 households could lose all service if such households do not take action. Such households represent less than 2 percent of exclusively over- the-air households, and less than two-tenths of one percent of all television households. Such a small number of households with the potential to lose service is not reason enough to delay the transition. Government and industry can help households get coupons and converter boxes if such households want them, but a small group will always be unprepared no matter what the government and industry do. In addition, households can always get a converter box without a coupon, either before or after the transition. The converter boxes only cost $40 to $80. Such households have additional options, as well, by which they can receive television service. SEC. 2. ADDITIONAL COUPONS. (a) Amendment.--Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 23) is amended-- (1) in subsection (b), by striking ``$1,500,000,000'' and inserting ``$1,750,000,000''; and (2) in subsection (c)(3)-- (A) in subparagraph (A)(i), by striking ``by substituting `$160,000,000''' and inserting ``by substituting `$170,000,000'''; and (B) by striking ``by substituting `$1,500,000,000''' each place it appears in subparagraphs (A)(ii) and (B) and inserting ``by substituting `$1,750,000,000'''. (b) Conforming Amendment.--Section 309(j)(8)(E)(iii) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)(iii)) is amended by striking ``$7,363,000,000'' and inserting ``$7,113,000,000''. SEC. 3. EXPEDITING DELIVERY. Not later than 7 days after the date of enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall expedite the distribution of coupons issued under section 3005 of the Digital Television Transition and Public Safety Act of 2005 by directing that such coupons shall be delivered via pre-sorted first class mail service until February 17, 2009. The Assistant Secretary shall continue to direct that such coupons be delivered by such service subsequent to such date if the Assistant Secretary determines that doing so will significantly improve coupon redemption rates without jeopardizing the availability of administrative funds. SEC. 4. EXTENSION OF AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2011'' and inserting ``2012''. | Amends the Digital Television Transition and Public Safety Act of 2005 to increase funding for the program to provide coupons for digital-to-analog converter boxes. Directs the Assistant Secretary of Commerce for Communications and Information to: (1) expedite the distribution of such coupons by delivering them via presorted first class mail service until February 17, 2009; and (2) continue such delivery after that date if the Assistant Secretary determines that doing so will significantly improve coupon redemption rates without jeopardizing the availability of administrative funds. Amends the Communications Act of 1934 to extend through September 30, 2012 (currently until September 30, 2011), the authority of the Federal Communications Commission (FCC) to grant a license or permit under provisions relating to competitive bidding. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Administration Ombudsman Act of 2013''. SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN OFFICE. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code is amended by adding at the end the following new section: ``Sec. 44946. Ombudsman ``(a) In General.-- ``(1) Establishment.--There is established an Office of the Ombudsman in the Transportation Security Administration. ``(2) Ombudsman.-- ``(A) In general.--The Office shall be under the direction of the Ombudsman of the Transportation Security Administration, who shall be appointed by the Chief Human Capital Officer of the Department of Homeland Security on behalf of the Secretary of Homeland Security. ``(B) Qualifications.--An individual appointed as the Ombudsman must have expertise in-- ``(i) labor and employment relations with Federal agencies; and ``(ii) dispute resolution. ``(C) Notification of appointment and removal.--The Chief Human Capital Officer of the Department of Homeland Security shall notify the appropriate congressional committees within 30 days after the effective date of any of the following actions: ``(i) The appointment of an individual as Ombudsman. ``(ii) The reappointment as Ombudsman of an individual who is serving as Ombudsman. ``(iii) The removal of an individual from the position of Ombudsman. ``(3) Ensuring independence of ombudsman.-- ``(A) In general.--The Ombudsman shall report-- ``(i) to the Administrator of the Transportation Security Administration; and ``(ii) to the Chief Human Capital Officer of the Department of Homeland Security with respect to any dispute between the Ombudsman and the Administrator of Transportation Security Administration over matters involving the execution of the Ombudsman's duties as set forth in subsection (b). ``(B) Inspector general's authority to conduct investigations not affected.--Nothing in this section shall prohibit the Inspector General of the Department of Homeland Security from initiating, carrying out, or completing any investigation. ``(b) Duties.--The Ombudsman shall-- ``(1) conduct outreach to Transportation Security Administration employees, including publicizing a toll-free telephone number to report complaints; ``(2) evaluate each complainant's claim objectively; ``(3) provide information, advice, and assistance to complainants and, as appropriate, initiate informal, impartial fact-finding and inquiries, on complaints or on the Ombudsman's own initiative; ``(4) inform each complainant-- ``(A) when the Ombudsman decides against conducting a fact-finding inquiry into the complaint; ``(B) on the status of the Ombudsman's fact-finding inquiry to the complainant, on a regular basis if requested by the complainant; and ``(C) of the Ombudsman's recommendations and information, as appropriate, for the complainant to formally complain to the appropriate authority; ``(5) work with the Administrator of the Transportation Security Administration to address issues identified through fact-finding and inquiries; ``(6) maintain confidential any matter related to complaints and inquiries, including the identities of the complainants and witnesses; and ``(7) submit an annual report to the appropriate congressional committees in accordance with subsection (c). ``(c) Annual Report.-- ``(1) In general.--The Ombudsman shall report no later than September 30 each year to the appropriate congressional committees on the actions taken by the Office of the Ombudsman over the preceding year and the objectives of those actions. ``(2) Contents.--Each such report shall, for the period covered by the report, include-- ``(A) statistical information, by region, on the volume of complaints received, general nature of complaints, general information on complainants, and the percentage of complaints that resulted in a fact- finding inquiry; ``(B) a summary of problems encountered by complainants, including information on the most pervasive or serious types of problems encountered by complainants; ``(C) policy recommendations that the Office of the Ombudsman made to the Administrator of the Transportation Security Administration; ``(D) an inventory of the items described in subparagraphs (B) and (C) for which action has been taken, and the result of such action; ``(E) an inventory of the items described in subparagraphs (B) and (C) for which action remains to be completed; and ``(F) such other information as the Ombudsman considers relevant. ``(3) Report to be submitted directly.--Each report under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment by the Administrator of the Transportation Security Administration. However, the Ombudsman shall seek comment from the Administrator to be submitted by the Ombudsman together with the annual report. ``(4) Other reports.--Nothing in this subsection shall be construed to preclude the Ombudsman from issuing other reports on the activities of the Office of the Ombudsman. ``(d) Contact Information.--The Administrator of the Transportation Security Administration shall make publically available on the Internet site of the Administration information about the Office of the Ombudsman, including regarding how to contact the Office. ``(e) Appropriate Congressional Committee Defined.--In this section the term `appropriate congressional committee' means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned.''. (b) Clerical Amendment.--The analysis at the beginning of such chapter is amended by adding at the end the items relating to subchapter II the following new item: ``44946. Ombudsman.''. (c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2014, 2015, and 2016 $575,000 for implementing section 44946 of title 49, United States Code, as amended by this section. | Transportation Security Administration Ombudsman Act of 2013 - Establishes in the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) an Office of the Ombudsman to assist TSA employees who have complaints about TSA, including publicizing a toll-free telephone number to report such complaints. Directs the Ombudsman to ensure that each TSA region has a regional ombudsman. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Availability Act of 1997''. SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS. (a) In General.--Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions.--For purposes of this section: (1) Covered hospital.-- (A) In general.--Subject to subparagraph (B), the term ``covered hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc), is participating in the program under title XIX of such Act, or is receiving a Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals.--Such term does not include a hospital that-- (i) is a facility of the Federal Government, or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician.--(A) The term ``physician'' means, with respect to a hospital, an individual who is a doctor of medicine or osteopathy legally authorized under State law to practice medicine and surgery in that hospital. (B) The term ``qualified physician'' means, with respect to a hospital, an individual who is a physician and whose credentials as such a physician have been verified by the administration of the hospital (before providing any services at the hospital) through appropriate means, including verification through the National Practitioner Databank. (3) Physician availability.--A physician is considered to be ``available'' in a hospital if-- (A) the physician is physically present in the hospital other than in the hospital's emergency room or emergency department; (B) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital's emergency room or emergency department. (c) Enforcement.-- (1) Warning.--If the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') determines that a hospital has violated subsection (a), in the first instance the Secretary shall provide a written warning regarding such violation to the hospital and shall notify the Inspector General of the Department of Health and Human Services (in this section referred to as the ``HHS Inspector General'') of such violation. Subsequently, the HHS Inspector General shall monitor the compliance of the hospital with the requirement of subsection (a). (2) Second violation.--After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)-- (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b) of such section, shall apply to civil money penalties under subparagraph (A) in the same manner as they apply to a penalty or proceeding under subsection (a) of such section. (3) Subsequent violations.--After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act and from receipt of Federal funds under any grant or cooperative agreement for such period as the Secretary specifies and until the Secretary receives satisfactory assurances that the hospital will be in substantial compliance with the requirement of subsection (a). (4) Failure to submit or comply with remedial plan.--If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act and under Federal grants or cooperative agreements until the Secretary receives satisfactory assurances that such failures will not continue. (d) Effective Date.--This section shall take effect on the date that is 6 months after the date of the enactment of this Act. | Physician Availability Act of 1997 - Requires each non-Federal hospital with at least 100 licensed beds and meeting other criteria to have a qualified physician available in the hospital (other than in the emergency department) 24 hours a day, seven days a week to attend to the hospital's inpatients. Provides for enforcement, including through civil penalities and suspension or disqualification regarding titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Innovation Networks Act of 2013''. SEC. 2. STATE NETWORKS AND CONSORTIA ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION (STEM) INNOVATION NETWORKS. (a) In General.--From amounts made available to carry out this section, the Secretary of Education shall make grants to eligible networks to expand STEM education and STEM educator development. (b) Eligible Network Defined.--In this section, the term ``eligible network'' means a State-based STEM network or similar organization, which-- (1) may include the participation of State officials, local educational agencies, educators, administrators, afterschool providers, out of school time educators, parents, industry leaders, philanthropists, and representatives from the STEM communities in partnership with institutions of higher education, nonprofit organizations, other public agencies, and businesses; (2) aims to increase the number of students who are effectively prepared for postsecondary education and careers in STEM fields; (3) aims to increase student achievement and experiences in the STEM disciplines at the elementary schools and secondary schools in its State, and out of school programs and particularly for students with a high concentration of historically underrepresented students and at rural schools (within the meaning of part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)); and (4) aims to increase the number of quality afterschool programs offering STEM learning opportunities, particularly for students from populations traditionally underrepresented in the STEM fields. (c) Eligible Network Application.-- (1) In general.--An eligible network seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Matching requirement.--In order to receive a grant under this section, an eligible network shall agree to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 30 percent of the amount of the grant. (d) Uses of Funds.--Each eligible network receiving a grant under this section shall use the funds to carry out one or more of the following: (1) Testing, validating, sharing, and scaling up STEM education research, promising practices, and exemplary programs among members of the network and with other eligible networks receiving grants under this section. (2) Identifying points of weakness and strength among State STEM education efforts, prioritizing strategies for addressing problem areas, and communicating State needs to the Secretary. (3) Assisting in the implementation of rigorous career and college ready standards in STEM education for grades prekindergarten through grade 12 that reflect and take into consideration-- (A) career and college ready standards in STEM disciplines; (B) established international standards and 21st century skills that include critical thinking, problem solving, communication, collaboration, creativity, and innovation; (C) the needs of English language learners and special education students; and (D) the need to increase STEM literacy of prekindergarten through grade 12 students. (4) Assisting the development of innovative STEM assessments that measure interest, engagement, and content proficiency. (5) Supporting the implementation of STEM assessments that measure career and college ready standards. (6) Promoting and developing rigorous undergraduate pre- service teacher programs in institutions of higher education that emphasize STEM content with emphasis on the elementary educator. (7) Promoting and developing curriculum tools and professional development for STEM educators both in school and out of school. (8) Developing STEM career pathways that reflect the projected STEM workforce needs of the 21st century that may include mentoring programs and STEM professional outreach. (9) Developing STEM-related education and workforce training programs in secondary schools and community colleges to reflect the needs of the local community. (10) Developing systems for the implementation of expanded learning opportunities on school sites to enhance STEM education inside and outside of the classroom. (11) Promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. (e) Evaluation and Report.--Not later than 2 years after receiving a grant under this section, each eligible network receiving such a grant shall-- (1) conduct periodic independent evaluations, by grant or by contract, of the eligible network's effectiveness at accomplishing the activities described in this section, which shall include an assessment of the impact of such activities on STEM teaching and learning; and (2) prepare and submit a report on the results of each evaluation described in paragraph (1) to the Secretary and make for dissemination to other STEM Networks. (f) Prohibitions.--In implementing this section, the Secretary may not-- (1) endorse, approve, or sanction any STEM curriculum designed for use in any elementary school, secondary school, or institution of higher education; or (2) engage in oversight, technical assistance, or activities that will require the adoption of a specific STEM program or instructional materials by a State, local educational agency, or school. (g) Total Amount of Grants.--The total amount of grants made under this section in any fiscal year may not exceed $20,000,000. (h) Definitions.--In this section: (1) The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``high concentration of low-income students'' has the meaning given such term in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537). (3) The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) The term ``STEM'' means science, technology, engineering, and mathematics. (7) The term ``STEM education'' means the subjects of science, technology, engineering, and mathematics, including other academic subjects that build on these disciplines, such as computer science, and other academic subjects that a State identifies as important to the workforce of the State. (8) The term ``21st century readiness initiative'' means any initiative that-- (A) embeds core academic subjects with critical skills; and (B) is focused on ensuring that students are prepared for postsecondary education and careers, upon graduation from secondary school. | STEM Innovation Networks Act of 2013 - Directs the Secretary of Education to award matching grants to state-based science, technology, engineering, and mathematics (STEM) networks or similar organizations of STEM stakeholders to expand STEM education and STEM educator development. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous career and college ready standards in STEM education; developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; facilitating the implementation of expanded STEM learning opportunities on school sites; and promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Uniformity for Food Act of 1998''. SEC. 2. NATIONAL UNIFORMITY FOR FOOD. (a) National Uniformity.--Section 403A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)) is amended-- (1) by striking ``or'' at the end of paragraph (4); (2) in paragraph (5), by striking the period and inserting a comma; and (3) by adding at the end the following: ``(6) any requirement for the labeling of food described in section 403(j), or 403(s), that is not identical to the requirement of such section, or ``(7) any requirement for a food described in section 402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 402(f), 402(g), 404, 406, 408, 409, 512, or 721(a), that is not identical to the requirement of such section.''. (b) Uniformity in Food Safety Warning Notification Requirements.-- Chapter IV of such Act (21 U.S.C. 341 et seq.) is amended-- (1) by redesignating sections 403B and 403C as sections 403C and 403D, respectively; and (2) by inserting after section 403A the following new section: ``SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION REQUIREMENTS. ``(a) Uniformity Requirement.-- ``(1) In general.--Except as provided in subsections (b) and (c), no State or political subdivision of a State may, directly or indirectly, establish or continue in effect under any authority any notification requirement for a food that provides for a warning concerning the safety of the food, or any component or package of the food, unless such a notification requirement has been prescribed under the authority of this Act and the State or political subdivision notification requirement is identical to the notification requirement prescribed under the authority of this Act. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) the term `notification requirement' includes any mandatory disclosure requirement relating to the dissemination of information about a food in any manner, such as through a label, labeling, poster, public notice, advertising, or any other means of communication; and ``(B) the term `warning', used with respect to a food, means any statement, vignette, or other representation that indicates, directly or by implication, that the food presents or may present a hazard to health or safety. ``(b) Exemptions and National Standards.-- ``(1) Exemptions.--Any State may petition the Secretary to provide by regulation, after providing notice and an opportunity for written and oral presentation of views, an exemption from subsection (a) for a requirement of the State or a political subdivision of the State. The Secretary may provide such an exemption, under such conditions as the Secretary may impose, for such a requirement that-- ``(A) protects an important public interest that would otherwise be unprotected, in the absence of the exemption; ``(B) would not cause any food to be in violation of any applicable requirement or prohibition under Federal law; and ``(C) would not unduly burden interstate commerce, balancing the importance of the public interest of the State or political subdivision against the impact on interstate commerce. ``(2) National standards.--Any State may petition the Secretary to establish by regulation, after providing notice and an opportunity for written and oral presentation of views, a national standard respecting any requirement under this Act or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) relating to the regulation of a food. ``(3) Action on petitions.-- ``(A) Publication.--Not later than 30 days after receipt of any petition under paragraph (1) or (2), the Secretary shall publish such petition in the Federal Register for public comment during a period specified by the Secretary. ``(B) Time periods for action.--Not later than 60 days after the end of the period for public comment, the Secretary shall take action on the petition. If the Secretary is unable to take action on the petition during the 60-day period, the Secretary shall inform the petitioner, in writing, the reasons that taking the action is not possible, the date by which the action will be taken, and the action that will be taken or is likely to be taken. In every case, the Secretary shall take action on the petition not later than 120 days after the end of the period for public comment. ``(4) Judicial review.--The failure of the Secretary to comply with any requirement of this subsection shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court. ``(c) Imminent Hazard Authority.-- ``(1) In general.--A State may establish a requirement that would otherwise violate section 403A or subsection (a) if-- ``(A) the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences or death; ``(B) the State has instituted enforcement action with respect to the matter involved in compliance with State law; ``(C) the State has informed the Secretary about the matter and the Secretary has not initiated enforcement action with respect to the matter; and ``(D) a petition is submitted by the State under subsection (b) for an exemption or national standard relating to the requirement not later than the date that the State establishes the requirement under this subsection. ``(2) Action on petition.-- ``(A) In general.--The Secretary shall take action on any petition submitted under paragraph (1)(D) not later than 7 days after the petition is received. ``(B) Judicial review.--The failure of the Secretary to comply with the requirement described in subparagraph (A) shall constitute final agency action for purposes of judicial review. If the court conducting the review determines that the Secretary has failed to comply with the requirement, the court shall order the Secretary to comply within a period determined to be appropriate by the court. ``(d) Affect on Product Liability Law.--Nothing in this section shall be construed to modify or otherwise affect the product liability law of any State. ``(e) No Affect on Identical Law.--Nothing in this section or section 403A relating to a food shall be construed to prevent a State or political subdivision of a State from establishing, enforcing, or continuing in effect a requirement that is identical to a requirement of this Act. ``(f) No Affect on Certain State Law.--Nothing in this section or section 403A relating to a food shall be construed to prevent a State or political subdivision of a State from establishing, enforcing, or continuing in effect a requirement relating to freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, or a statement of origin.''. | National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act''. SEC. 2. MODERNIZATION OF LANGUAGE REFERRING TO INDIVIDUALS WHO ARE NOT CITIZENS OR NATIONALS OF THE UNITED STATES. An Executive agency (as defined in section 105 of title 5, United States Code) shall not use the following terms in any proposed or final rule, regulation, interpretation, publication, other document, display, or sign issued by the agency after the date of the enactment of this Act, except to the extent that the term is used in quoting or reproducing text written by a source other than an officer (as defined in section 2104 of title 5, United States Code) or employee (as defined in section 2105 of title 5, United States Code) of the agency: (1) The term ``alien'', when used to refer to an individual who is not a citizen or national of the United States. (2) The term ``illegal alien'' when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States. SEC. 3. UNIFORM DEFINITION. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``Sec. 9. Definition of `foreign national' ``In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of various administrative bureaus and agencies of the United States, the term `foreign national' means any individual other than an individual-- ``(1) who is a citizen of the United States; or ``(2) though not a citizen of the United States, who owes permanent allegiance to the United States.''. (b) Technical Amendment.--The table of sections for chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``9. Definition of `foreign national'.''. SEC. 4. REFERENCES. (a) In General.--Any reference in any Federal statute, rule, regulation, Executive order, publication, or other document of the United States-- (1) to the term ``alien'', when used to refer to an individual who is not a citizen or national of the United States, is deemed to refer to the term ``foreign national''; and (2) to the term ``illegal alien'', when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States, is deemed to refer to the term ``undocumented foreign national''. (b) Conforming Amendments.-- (1) Section 421(5)(A)(ii)(II) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(5)(A)(ii)(II)) is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (2) Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. 240(e)) is amended by striking ``illegal alien'' and inserting ``undocumented foreign national''. (3) Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is amended in the section heading by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (4) Section 280(b)(3)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1330(b)(3)(A)(iii)) is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (5) Section 286(r)(3)(ii) of the Immigration and Nationality Act (8 U.S.C. 1356(r)(3)(ii)) is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (6) Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (A) in the section heading, by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''; (B) in the subsection heading for subsection (b), by striking ``Illegal Aliens'' and inserting ``Undocumented Foreign Nationals''; and (C) by striking ``illegal alien'' each place such term appears and inserting ``undocumented foreign national''. (7) Section 332 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1366) is amended by striking ``illegal aliens'' each place such term appears and inserting ``undocumented foreign nationals''. (8) Section 411(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(d)) is amended in the subsection heading by striking ``Illegal Aliens'' and inserting ``Undocumented Foreign Nationals''. (9) Section 106(e) of the Public Works Employment Act of 1976 (42 U.S.C. 6705(e)) is amended in the subsection heading by striking ``Illegal Aliens'' and inserting ``Undocumented Foreign Nationals''. (10) Section 40125(a)(2) of title 49, United States Code, is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. | Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act This bill prohibits an executive agency from using the following terms in any rule, regulation, interpretation, publication, other document, display, or sign issued by the agency except to the extent that the term is used in quoting or reproducing text written by a source other than an officer or employee of the agency: "alien" when used to refer to an individual who is not a U.S. citizen or national, and "illegal alien" when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful U.S. immigration status. In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of various U.S. administrative bureaus and agencies, the term "foreign national" in federal law means any individual other than an individual who: (1) is a U.S. citizen; or (2) though not a U.S. citizen, owes permanent allegiance to the United States. Any reference in any federal statute, rule, regulation, executive order, publication, or other U.S. document to the term: "alien" when used to refer to an individual who is not a U.S. citizen or national is deemed to refer to the term "foreign national," and "illegal alien" when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful U.S. immigration status is deemed to refer to the term "undocumented foreign national." Conforming amendments are made to specified Acts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Libraries Enhancement Act of 2001.'' SEC. 2. DEFINITIONS. Section 213 of the Library Services and Technology Act (20 U.S.C. 9122) is amended by adding at the end the following new paragraphs: ``(7) Construction.--The term `construction' includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and for the purchase, lease, and installation of equipment of any such buildings, or any combination of such activities (including architects' fees and the cost of acquisition of land). Such term includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the `Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), remodeling designed to ensure safe working environments and to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries. For the purposes of this paragraph, the term ``equipment'' includes information and building technologies, video and telecommunications equipment, machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them; and such term includes all other items necessary for the functioning of a particular facility as a facility for the provision of library services. ``(8) Reference materials.--The term `reference materials' includes any books, videotapes and audiotapes, magazines, newspapers, software, and other library and media materials, regardless of format, that are made available for public reference. ``(9) Rural area.--The term `rural area' when used with respect to the location of any library means that the library is located in a non-metropolitan county, as designated by the Bureau of the Census using the metropolitan statistical area method, except that a portion of an urban metropolitan county may be classified as rural area for such purpose if its census block or tract number is identified by the `Goldsmith Modification' methodology as a rural `pocket' areas within a larger urban metropolitan county.''. SEC. 3. INCREASE IN AUTHORIZATION OF APPROPRIATIONS. Section 214(a) of the Library Services and Technology Act (20 U.S.C. 9123(a)) is amended-- (1) in paragraph (2)(A), by inserting ``or (2)'' after ``paragraph (1)''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Construction; acquisition; operations.--In addition to the amounts authorized to be appropriated by paragraph (1), there are authorized to be appropriated $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006 to carry out section 232 of this subtitle.''. SEC. 3. AUTHORITY TO USE FUNDS FOR CONSTRUCTION, ACQUISITION, AND OPERATION. Chapter 2 of the Library Services and Technology Act is amended-- (1) in section 231(a) (20 U.S.C. 9141(a))-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting a semicolon; and (C) by adding at the end the following new paragraph: ``(3) conducting library construction, acquiring reference materials, and operating public libraries during hours of library service to the public, in accordance with section 232.''; (2) in section 231(b)-- (A) by striking ``(1) and (2)'' and inserting ``(1), (2) and (3)''; and (B) by inserting before the period at the end the following: ``, subject to the limitations in section 232(a)''; and (2) by adding at the end the following new section: ``SEC. 232. USE OF FUNDS FOR CONSTRUCTION, ACQUISITION, AND OPERATION. ``(a) Identification of Amounts Available for Construction.--From the amount allotted to any State under section 221, the Secretary shall identify the portion of the allotment that is attributable to appropriations pursuant to section 214(a)(2). A State may, in accordance with this section, use not more than that portion of such allotment for the Federal share of the cost of any one or more of the following purposes: ``(1) library construction; ``(2) acquisition of reference materials; and ``(3) operation of public libraries during hours of library service to the public. Any amounts of that portion that are not used for such purposes shall be used for purposes described in paragraph (1) or (2) of section 231(a). ``(b) Matching Requirement.--For the purposes of subsection (a), the Federal share of the cost of any activity under subsection (a) shall not exceed, as a percentage the total cost of the activity, the percentage specified in section 223(b)(1). ``(c) Requirements for Use of Funds for Construction.--Any State that intends to use a portion of its allotment for the purposes of construction shall revise its State plan under section 224-- ``(1) to revise the goals and priorities specified pursuant to section 224(b)(1) consistent with the purposes of this section; ``(2) to describe, consistent with the requirements of section 224(b)(2), the activities that the agency will carry out under this section; and ``(3) to specify the procedures by which the State library administrative agency will competitively award grants for library construction under this section. Such revisions shall be subject to approval or disapproval by the Director. ``(d) Minimum and Maximum Awards.--Of the amount of funds provided under this section that are used by any State for library construction, acquisition of reference materials, or library operation in any fiscal year-- ``(1) not less than 35 percent shall be used in rural areas; and ``(2) not more than $1,000,000 may be used for the construction or benefit of any single library facility. ``(e) Labor Standards.--It shall be a condition of the receipt of any grant under this section that the State library administrative agency and any recipient of any grant under this section for purposes of construction furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects assisted under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a et seq.). The Secretary of Labor shall have with respect to the labor standards specified in this subsection the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 2 of the Davis-Bacon Act (40 U.S.C. 276c). ``(f) Continued Use for Library Purposes.--If, within 20 years after completion of construction of any library facility which has been constructed in part with funds made available under this title-- ``(1) the recipient (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or ``(2) the facility ceases to be used as a library facility, unless the Secretary determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located.''. | Public Libraries Enhancement Act of 2001 - Amends the Library Services and Technology Act to authorize increased appropriations for FY 2002 through 2006 for State allotments. Directs the Secretary of Education to identify the increased portion of a State's allotment. Authorizes a State to use such portion as the Federal share for any of the following: (1) new library construction, existing facilities remodeling, and equipment purchase, lease, and installation; (2) acquisition of reference materials; or (3) operation of public libraries during hours of library service to the public. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Care for the Uninsured Act of 1999''. TITLE I--REFUNDABLE CREDIT FOR HEALTH INSURANCE COVERAGE SEC. 101. REFUNDABLE CREDIT FOR HEALTH INSURANCE COVERAGE. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for coverage months during such taxable year for each individual referred to in subsection (a) for whom the taxpayer paid during the taxable year any amount for coverage under qualified health insurance. ``(2) Monthly limitation.-- ``(A) In general.--The monthly limitation for an individual for each coverage month of such individual during the taxable year is the amount equal to 1/12 of-- ``(i) $1,000 if such individual is the taxpayer, ``(ii) $1,000 if-- ``(I) such individual is the spouse of the taxpayer, ``(II) the taxpayer and such spouse are married as of the first day of such month, and ``(III) the taxpayer files a joint return for the taxable year, and ``(iii) $500 if such individual is an individual for whom a deduction under section 151(c) is allowable to the taxpayer for such taxable year. ``(B) Limitation to 2 dependents.--Not more than 2 individuals may be taken into account by the taxpayer under subparagraph (A)(iii). ``(C) Special rule for married individuals.--In the case of an individual-- ``(i) who is married (within the meaning of section 7703) as of the close of the taxable year but does not file a joint return for such year, and ``(ii) who does not live apart from such individual's spouse at all times during the taxable year, the limitation imposed by subparagraph (B) shall be divided equally between the individual and the individual's spouse unless they agree on a different division. ``(3) Coverage month.--For purposes of this subsection-- ``(A) In general.--The term `coverage month' means, with respect to an individual, any month if-- ``(i) as of the first day of such month such individual is covered by qualified health insurance, and ``(ii) the premium for coverage under such insurance for such month is paid by the taxpayer. ``(B) Employer-subsidized coverage.--Such term shall not include any month for which such individual participates in any subsidized health plan (within the meaning of section 162(l)(2)) maintained by any employer of the taxpayer or of the spouse of the taxpayer. ``(C) Cafeteria plan and flexible spending account beneficiaries.--Such term shall not include any month during a taxable year if any amount is not includible in the gross income of the taxpayer for such year under section 106 with respect to-- ``(i) a benefit chosen under a cafeteria plan (as defined in section 125(d)), or ``(ii) a benefit provided under a flexible spending or similar arrangement. ``(D) Medicare and medicaid.--Such term shall not include any month with respect to an individual if, as of the first day of such month, such individual-- ``(i) is entitled to any benefits under title XVIII of the Social Security Act, or ``(ii) is a participant in the program under title XIX of such Act. ``(E) Certain other coverage.--Such term shall not include any month during a taxable year with respect to an individual if, at any time during such year, any benefit is provided to such individual under-- ``(i) chapter 17 of title 38, United States Code, or ``(ii) any medical care program under the Indian Health Care Improvement Act. ``(F) Prisoners.--Such term shall not include any month with respect to an individual if, as of the first day of such month, such individual is imprisoned under Federal, State, or local authority. ``(G) Insufficient presence in united states.--Such term shall not include any month during a taxable year with respect to an individual if such individual is present in the United States on fewer than 183 days during such year (determined in accordance with section 7701(b)(7)). ``(4) Coordination with deduction for health insurance costs of self-employed individuals.--In the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. ``(c) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care as defined in section 213(d) without regard to-- ``(A) paragraph (1)(C) thereof, and ``(B) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(2) Exclusion of certain other contracts.--Such term shall not include insurance if a substantial portion of its benefits are excepted benefits (as defined in section 9832(c)). ``(d) Medical Savings Account Contributions.-- ``(1) In general.--If a deduction would (but for paragraph (2)) be allowed under section 220 to the taxpayer for a payment for the taxable year to the medical savings account of an individual, subsection (a) shall be applied by treating such payment as a payment for qualified health insurance for such individual. ``(2) Denial of double benefit.--No deduction shall be allowed under section 220 for that portion of the payments otherwise allowable as a deduction under section 220 for the taxable year which is equal to the amount of credit allowed for such taxable year by reason of this subsection. ``(e) Special Rules.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2000, each dollar amount contained in subsection (b)(2)(A) 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 1999' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50 ($25 in the case of the dollar amount in subsection (b)(2)(A)(iii)).'' (b) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050S the following new section: ``SEC. 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED HEALTH INSURANCE. ``(a) In General.--Any person who, in connection with a trade or business conducted by such person, receives payments during any calendar year from any individual for coverage of such individual or any other individual under creditable health insurance, shall make the return described in subsection (b) (at such time as the Secretary may by regulations prescribe) with respect to each individual from whom such payments were received. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of the individual from whom payments described in subsection (a) were received, ``(B) the name, address, and TIN of each individual who was provided by such person with coverage under creditable health insurance by reason of such payments and the period of such coverage, and ``(C) such other information as the Secretary may reasonably prescribe. ``(c) Creditable Health Insurance.--For purposes of this section, the term `creditable health insurance' means qualified health insurance (as defined in section 35(c)) other than-- ``(1) insurance under a subsidized group health plan maintained by an employer, or ``(2) to the extent provided in regulations prescribed by the Secretary, any other insurance covering an individual if no credit is allowable under section 35 with respect to such coverage. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required under subsection (b)(2)(A) to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, ``(2) the aggregate amount of payments described in subsection (a) received by the person required to make such return from the individual to whom the statement is required to be furnished, and ``(3) the information required under subsection (b)(2)(B) with respect to such payments. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. ``(e) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of any amount received by any person on behalf of another person, only the person first receiving such amount shall be required to make the return under subsection (a).''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xi) through (xvii) as clauses (xii) through (xviii), respectively, and by inserting after clause (x) the following new clause: ``(xi) section 6050T (relating to returns relating to payments for qualified health insurance),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(BB) section 6050T(d) (relating to returns relating to payments for qualified health insurance).''. (3) Clerical amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050S the following new item: ``Sec. 6050T. Returns relating to payments for qualified health insurance.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Health insurance costs. ``Sec. 36. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 102. ADVANCE PAYMENT OF CREDIT FOR PURCHASERS OF QUALIFIED HEALTH INSURANCE. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR PURCHASERS OF QUALIFIED HEALTH INSURANCE. ``(a) General Rule.--In the case of an eligible individual, the Secretary shall make payments to the provider of such individual's qualified health insurance equal to such individual's qualified health insurance credit advance amount with respect to such provider. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual-- ``(1) who purchases qualified health insurance (as defined in section 35(c)), and ``(2) for whom a qualified health insurance credit eligibility certificate is in effect. ``(c) Qualified Health Insurance Credit Eligibility Certificate.-- For purposes of this section, a qualified health insurance credit eligibility certificate is a statement furnished by an individual to the Secretary which-- ``(1) certifies that the individual will be eligible to receive the credit provided by section 35 for the taxable year, ``(2) estimates the amount of such credit for such taxable year, and ``(3) provides such other information as the Secretary may require for purposes of this section. ``(d) Qualified Health Insurance Credit Advance Amount.--For purposes of this section, the term `qualified health insurance credit advance amount' means, with respect to any provider of qualified health insurance, the Secretary's estimate of the amount of credit allowable under section 35 to the individual for the taxable year which is attributable to the insurance provided to the individual by such provider. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7527. Advance payment of health insurance credit for purchasers of qualified health insurance.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2000. TITLE II--STUDY OF SAFETY-NET HEALTH INSURANCE PROGRAMS FOR THE MEDICALLY UNINSURABLE SEC. 201. STUDY OF STATE SAFETY-NET HEALTH INSURANCE PROGRAMS FOR THE MEDICALLY UNINSURABLE. (a) Study.-- (1) In general.--The Secretary of Health and Human Services shall provide for a study on the current state of all existing State safety-net health insurance programs (as defined in subsection (c)). The study shall determine which forms of such programs are the most successful in making health insurance available to all willing payers regardless of their health status. (2) Consultation.--In conducting the study the Secretary shall consult with representatives of the National Governors Association, the National Association of Insurance Commissioners, national associations representing health insurers, insurance companies that administer and participate in State safety-net health insurance programs, and individuals who receive their health insurance through such programs. (b) Report.--The Secretary shall submit to Congress, by not later than October 1, 2000, a detailed report on the study conducted under subsection (a). The report shall include recommendations on how Congress can best strengthen State safety-net health insurance programs where they currently exist and can encourage their establishment in States where they do not exist. (c) State Safety-Net Health Insurance Program Defined.--For purposes of this section, the term ``State safety-net health insurance program'' means a high risk pool or similar arrangement provided under State law for providing access of medically uninsurable individuals to health insurance coverage. Such term may include such other arrangements as the Secretary finds appropriate for assuring the provision of health insurance coverage to such individuals. | Title II: Study of Safety-Net Health Insurance Programs for the Medically Uninsurable - Directs the Secretary of Health and Human Services to provide for a study on the current state of all existing State safety-net health insurance programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Pest Detection and Surveillance Improvement Act''. SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT INTRODUCTION OR SPREAD OF PESTS. (a) Definitions.--In this section: (1) Department of agriculture.--The term ``department of agriculture'' means an agency of a State that has a legal responsibility to perform early pest detection and surveillance activities. (2) Early pest detection and surveillance.--The term ``early pest detection and surveillance'' means the full range of activities undertaken to find newly introduced pests, whether new to the United States or new to certain areas of the United States, before the pests become established, or before pest infestations become too large and costly to eradicate or control. (3) Pest.--The term ``pest'' has the meaning given the term ``plant pest'' in section 403(14) of the Plant Protection Act (7 U.S.C. 7702(14)). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) State.--The term ``State'' means-- (A) each of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (b) Cooperative Agreements Authorized.--The Secretary of Agriculture shall enter into a cooperative agreement with each department of agriculture that agrees to conduct early pest detection surveillance activities in accordance with guidelines established under the Cooperative Agricultural Pest Survey. The pest detection surveillance activities of the department of agriculture of a State may include inspection and surveillance of domestic plant shipments between that State and other States. (c) Application.--A department of agriculture seeking to enter into a cooperative agreement under this section shall submit an application to the Secretary containing such information as the Secretary may require. The Secretary shall notify applicants of the following: (1) The requirements to be imposed on a department of agriculture for auditing of, and reporting on, the use of any funds provided by the Secretary under the cooperative agreement. (2) The criteria to be used to ensure that early pest detection and surveillance activities supported under the cooperative agreement are based on knowledge, experience, and capabilities. (3) The means of identifying pathways of pest introductions. (4) The methods to be used to determine the level of support for proposed early pest detection and surveillance activities by private and public interests adversely affected by pests. (d) Consultation.--The Secretary will consult with the National Plant Board and the National Association of State Departments of Agriculture in carrying out this section. (e) Base Funds Under Agreements.--Subject to the availability of appropriated funds to carry out this section, each State department of agriculture with which the Secretary enters into a cooperative agreement under this section shall receive a base level of funding of $250,000 for each of fiscal years 2008 through 2012. If the funds available for a fiscal year are insufficient to provide the full amount specified in this subsection, the Secretary shall reduce the amount provided to each State as necessary so that each State receives an equal amount of the available funds. (f) Additional Funds; Special Considerations.--After the application of subsection (e), the Secretary shall distribute the remainder of the funds appropriated to carry out this section, if any, to departments of agriculture of States that are recognized as high- risk sentinel States for one or more pest, based on the following factors: (1) The number of international airports and maritime facilities in the State. (2) The volume of international passenger and cargo entry into the State. (3) The geographic location of the State, such that its location would be conducive to agricultural pest and disease establishment due to both the State's climate and its crop diversity. (4) The State has received an emergency declaration, as authorized by section 442 of the Plant Protection Act (7 U.S.C. 7772), due to an agricultural pest or disease of Federal concern. (5) Such other factors as the Secretary determines to be appropriate. (g) Use of Funds.-- (1) Pest detection and surveillance activities.--A department of agriculture that receives funds under this section shall use the funds to carry out early pest detection and surveillance activities to prevent the introduction of a pest or facilitate the eradication of a pest. (2) Subagreements.--Nothing in this section is intended to prevent the department of agriculture of a State from using funds received under subsection (e) or (f) to enter into subagreements with political subdivisions in the State that have legal responsibilities relating to agricultural pest and disease surveillance. (3) Treatment of funds.--Funds provided under subsection (e) or (f) are intended for implementation purposes, and it is expected that administrative or overhead costs will be limited in a manner to achieve this purpose. (4) Relationship to other funds and programs.--Funds provided under subsection (e) or (f) are intended to augment the funds otherwise available to a department of agriculture to perform early pest detection and surveillance activities, and not to replace such funds. (h) Reporting Requirement.--Not later than 180 days after the date of completion of an early pest detection and surveillance activity conducted by a department of agriculture using funds provided under this section, the department of agriculture shall submit to the Secretary a report that describes the purposes and results of the activities. (i) No Effect on PILT Payments.--The receipt of funds by the department of agriculture of a State under this section shall have no effect on the amount of any payment received by the State under chapter 69 of title 31, United States Code. (j) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section. Not more than five percent of the funds appropriated pursuant to this authorization of appropriations for a fiscal year may be used by the Secretary for administrative costs. | Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture that agrees to conduct early plant pest detection surveillance activities, including inspection and surveillance of domestic plant shipments between a state and other states. |
SEC. ____. COMPLETION OF THE NATURALIZATION PROCESS FOR CERTAIN NATIONALS OF THE PHILIPPINES. (a) In General.--Section 405 of the Immigration and Nationality Act of 1990 (8 U.S.C. 1440 note) is amended-- (1) by striking subparagraph (B) of subsection (a)(1) and inserting the following: ``(B) who-- ``(i) is listed on the final roster prepared by the Recovered Personnel Division of the United States Army of those who served honorably in an active duty status within the Philippine Army during the World War II occupation and liberation of the Philippines, ``(ii) is listed on the final roster prepared by the Guerrilla Affairs Division of the United States Army of those who received recognition as having served honorably in an active duty status within a recognized guerrilla unit during the World War II occupation and liberation of the Philippines, or ``(iii) served honorably in an active duty status within the Philippine Scouts or within any other component of the United States Armed Forces in the Far East (other than a component described in clause (i) or (ii)) at any time during the period beginning September 1, 1939, and ending December 31, 1946;''; (2) by adding at the end of subsection (a) the following new paragraph: ``(3)(A) For purposes of the second sentence of section 329(a) and section 329(b)(3) of the Immigration and Nationality Act, the executive department under which a person served shall be-- ``(i) in the case of an applicant claiming to have served in the Philippine Army, the United States Department of the Army; ``(ii) in the case of an applicant claiming to have served in a recognized guerrilla unit, the United States Department of the Army or, in the event the Department of the Army has no record of military service of such applicant, the General Headquarters of the Armed Forces of the Philippines; or ``(iii) in the case of an applicant claiming to have served in the Philippine Scouts or any other component of the United States Armed Forces in the Far East (other than a component described in clause (i) or (ii)) at any time during the period beginning September 1, 1939, and ending December 31, 1946, the United States executive department (or successor thereto) that exercised supervision over such component. ``(B) An executive department specified in subparagraph (A) may not make a determination under the second sentence of section 329(a) with respect to the service or separation from service of a person described in paragraph (1) except pursuant to a request from the Service.''; and (3) by adding at the end the following new subsection: ``(d) Implementation.--(1) Notwithstanding any other provision of law, for purposes of the naturalization of natives of the Philippines under this section-- ``(A) the processing of applications for naturalization, filed in accordance with the provisions of this section, including necessary interviews, shall be conducted in the Philippines by employees of the Service designated pursuant to section 335(b) of the Immigration and Nationality Act; and ``(B) oaths of allegiance for applications for naturalization under this section shall be administered in the Philippines by employees of the Service designated pursuant to section 335(b) of that Act. ``(2) Notwithstanding paragraph (1), applications for naturalization, including necessary interviews, may continue to be processed, and oaths of allegiance may continue to be taken in the United States.''. (b) Repeal.--Section 113 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1440 note), is repealed. (c) Effective Date; Termination Date.-- (1) Application to pending applications.--The amendment made by subsection (a) shall apply to applications filed before February 3, 1995. (2) Termination date.--The authority provided by the amendment made by subsection (a) shall expire February 3, 2001. | Amends the Immigration and Nationality Act of 1990 with respect to the naturalization of certain Philippine World War II veterans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Excessive Corporate Deductions for Stock Options Act''. SEC. 2. CONSISTENT TREATMENT OF STOCK OPTIONS BY CORPORATIONS. (a) Consistent Treatment for Wage Deduction.-- (1) In general.--Section 83(h) of the Internal Revenue Code of 1986 (relating to deduction of employer) is amended-- (A) by striking ``In the case of'' and inserting: ``(1) In general.--In the case of'', and (B) by adding at the end the following new paragraph: ``(2) Stock options.--In the case of property transferred to a person in connection with a stock option, any deduction related to such stock option shall be allowed only under section 162(q) and paragraph (1) shall not apply.''. (2) Treatment of compensation paid with stock options.-- Section 162 of such Code (relating to trade or business expenses) is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: ``(q) Treatment of Compensation Paid With Stock Options.-- ``(1) In general.--In the case of compensation for personal services that is paid with stock options, the deduction under subsection (a)(1) shall not exceed the amount the taxpayer has treated as compensation cost with respect to such stock options for the purpose of ascertaining income, profit, or loss in a report or statement to shareholders, partners, or other proprietors (or to beneficiaries), and shall be taken into account in the same period that such compensation cost is recognized for such purpose. ``(2) Special rules for controlled groups.--The Secretary may prescribe rules for the application of paragraph (1) in cases where the stock option is granted by-- ``(A) a parent or subsidiary corporation (within the meaning of section 424) of the taxpayer, or ``(B) another corporation.''. (b) Consistent Treatment for Research Tax Credit.--Section 41(b)(2)(D) of the Internal Revenue Code of 1986 (defining wages for purposes of credit for increasing research expenses) is amended by inserting at the end the following new clause: ``(iv) Special rule for stock options.--The amount which may be treated as wages for any taxable year in connection with the issuance of a stock option shall not exceed the amount allowed for such taxable year as a compensation deduction under section 162(q) with respect to such stock option.''. (c) Application of Amendments.--The amendments made by this section shall apply to stock options exercised after the date of the enactment of this Act, except that-- (1) such amendments shall not apply to stock options that were granted before such date and that vested in taxable periods beginning on or before June 15, 2005, (2) for stock options that were granted before such date of enactment and vested during taxable periods beginning after June 15, 2005, and ending before such date of enactment, a deduction under section 162(q) of the Internal Revenue Code of 1986 (as added by subsection (a)(2)) shall be allowed in the first taxable period of the taxpayer that ends after such date of enactment, (3) for public entities reporting as small business issuers and for non-public entities required to file public reports of financial condition, paragraphs (1) and (2) shall be applied by substituting ``December 15, 2005'' for ``June 15, 2005'', and (4) no deduction shall be allowed under section 83(h) or section 162(q) of such Code with respect to any stock option the vesting date of which is changed to accelerate the time at which the option may be exercised in order to avoid the applicability of such amendments. SEC. 3. APPLICATION OF EXECUTIVE PAY DEDUCTION LIMIT. (a) In General.--Subparagraph (D) of section 162(m)(4) of the Internal Revenue Code of 1986 (defining applicable employee remuneration) is amended to read as follows: ``(D) Stock option compensation.--The term `applicable employee remuneration' shall include any compensation deducted under subsection (q), and such compensation shall not qualify as performance-based compensation under subparagraph (C).''. (b) Effective Date.--The amendment made by this section shall apply to stock options exercised or granted after the date of the enactment of this Act. | Ending Excessive Corporate Deductions for Stock Options Act - Amends the Internal Revenue Code to: (1) limit the employer tax deduction for stock options granted to its employees to the value of such options as recorded on the employer's books at the time such options are granted; and (2) apply the $1 million limitation on the employer tax deduction for employee remuneration to stock option compensation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolutionizing Education Through Digital Investment Act of 2007''. SEC. 2. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY TRUST FUND. (a) Establishment.--There is established a nonprofit corporation to be known as the ``National Center for Learning Science and Technology'' (referred to in this Act as the ``Center'') which shall not be an agency or establishment of the United States Government. The Center shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29-501 et seq.). (b) Funding.-- (1) In general.--There is established in the Treasury a separate fund to be known as the ``National Center for Learning Science and Technology Trust Fund'' (referred to in this Act as the ``Trust Fund''). The Trust Fund shall contain such amounts as are credited to the Trust Fund under paragraph (2) and other funds obtained under paragraph (3). (2) Authorization of appropriations.--There are authorized to be appropriated to the Trust Fund such sums as may be necessary for the fiscal years 2008 through 2012. (3) Additional funds.--The Trust Fund is authorized-- (A) to accept funds from any Federal agency or entity; (B) to accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Center; and (C) to enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Center. (c) Board of Directors; Functions, and Duties.-- (1) In general.--A board of directors of the Center (referred to in this Act as the ``Board'') shall be established to oversee the administration of the Center. Such Board shall consist of 9 members to be appointed by the Secretary of Education, who-- (A) reflect representation from the public and private sectors; and (B) shall provide, as nearly as practicable, a broad representation of various regions of the United States, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Center. (2) Organization and operation.--The board shall incorporate and operate the center in accordance with the laws governing tax exempt organizations in the District of Columbia. (d) Trust Fund Uses.-- (1) Uses of funds.--To achieve the objectives of this Act, the Director of the Center, after consultation with the Board, may use Trust funds-- (A) to support basic and applied research development and demonstrations of innovative learning and assessment systems as well as the components and tools needed to create them; (B) to support the testing and evaluation of these systems; and (C) to encourage the widespread adoption and use of effective approaches to learning. (2) Contracts and grants.-- (A) In general.--In order to carry out the activities described in paragraph (1), the Director of the Center, with the agreement of a majority of the members of the Board, may award contracts and grants to colleges and universities, museums, libraries, public broadcasting entities and similar nonprofit organizations and public institutions (with or without private partners). (B) Public domain.-- (i) In general.--The research and development properties and materials associated with a project in which a majority of the funding used to carry out the project is from a grant or contract under this Act shall be freely and nonexclusively available to the general public in a timely manner. (ii) Exemption.--The Director of the Center may exempt specific projects from the requirement of clause (i) if the Director of the Center and a majority of the members of the Board determine that the general public will benefit significantly due to the project not being freely and nonexclusively available to the general public in a timely manner. (C) Peer review.--To the extent practicable, proposals for grants or contracts shall be evaluated on the basis of comparative merit by panels of experts who represent diverse interests and perspectives, and who are appointed by the Director of the Center from recommendations from the fields served and from the Board of Directors. (e) Accountability and Reporting.-- (1) Report.-- (A) In general.--Not later than April 30 of each year, the Director of the Center shall prepare a report for the preceding fiscal year that contains the information described in subparagraph (B). (B) Contents.--A report under subparagraph (A) shall include-- (i) a comprehensive and detailed report of the Center's operations, activities, financial condition, and accomplishments, and such recommendations as the Director of the Center determines appropriate; (ii) a comprehensive and detailed inventory of funds distributed from the Trust Fund during the fiscal year for which the report is being prepared; and (iii) an independent audit of the Trust Fund's finances and operations, and of the implementation of the goals established by the Board. (C) Statement of the board.--Each report under subparagraph (A) shall include a statement from the Board containing-- (i) a clear description of the plans and priorities of the Board for the subsequent 5- year period for expenditures from the Trust Fund; and (ii) an estimate of the funds that will be available for such expenditures from the Trust Fund. (D) Submission to the president and congress.--A report under this subsection shall be submitted to the President and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (2) Testimony.--The Director and principal officers of the Center shall testify before the appropriate committees of Congress, upon request of such committees, with respect to-- (A) a report prepared under paragraph (1)(A); and (B) any other matter that such committees may determine appropriate. (f) Use of Funds Subject to Appropriations.--The authority to make grants or enter into contracts or otherwise to expend funds under this section is subject to such amounts as are provided in advance in appropriations Acts. | Revolutionizing Education Through Digital Investment Act of 2007 - Establishes a National Center for Learning Science and Technology (the Center). Establishes in the Treasury the "National Center for Learning Science and Technology Trust Fund," the amounts of which may be used for: (1) supporting basic and applied research development and demonstrations of innovative learning and assessment systems and the components and tools needed to create them; (2) supporting the testing and evaluation of those systems; and (3) encouraging the widespread adoption and use of effective approaches to learning. Creates a board of directors for the Center to oversee the administration of the Center. Authorizes the Director of the Center to award contracts and grants to colleges and universities, museums, libraries, public broadcasting entities and similar nonprofits and public institutions (with or without private partners). Requires: (1) the Director to submit, to the President and specified congressional committees, an annual report which shall include a statement from the Board of its plans and priorities for expenditures and an estimate of funds that will be available for such expenditures from the Trust Fund; and (2) the Director and the Center's principal officers to testify to appropriate congressional committees about such reports and any other appropriate matters. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Implementation of Simpson-Bowles Spending Reductions Act of 2011''. SEC. 2. REDUCTION IN APPROPRIATIONS TO THE WHITE HOUSE AND CONGRESS. (a) Appropriations to the White House.--Notwithstanding any other provision of law, the total amount of funds appropriated to the appropriations account under the heading ``The White House'' under the heading ``EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT'' for each of fiscal years 2012 through 2016 may not exceed 85 percent of the total amount of funds appropriated to that account for fiscal year 2011. (b) Appropriations to Congress.--Notwithstanding any other provision of law, the total amount of funds appropriated under the headings ``SENATE'' and ``HOUSE OF REPRESENTATIVES'' for each of fiscal years 2012 through 2016 may not exceed 85 percent of the total amount of funds appropriated under those headings for fiscal year 2011. SEC. 3. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF CONGRESS. Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during fiscal years 2013, 2014, and 2015. SEC. 4. PAY FREEZE FOR FEDERAL EMPLOYEES. Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111-242) is amended-- (1) in subsection (b)(1), by striking ``December 31, 2012'' and inserting ``December 31, 2015''; and (2) in subsection (c), by striking ``December 31, 2012'' and inserting ``December 31, 2015''. SEC. 5. REDUCTION IN FEDERAL WORKFORCE. (a) Definition.--For the purpose of this section-- (1) the term ``total number of Federal employees'' means the total number of Federal employees in all agencies; (2) the term ``Federal employee'' means an employee as defined by section 2105 of title 5, United States Code; and (3) the term ``agency'' means an Executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office. (b) Limitation.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective beginning in fiscal year 2015, the total number of Federal employees (as determined under subsection (c)) shall not exceed 90 percent of the total number of Federal employees as of September 30, 2011 (as so determined). (c) Monitoring and Notification.--The Office of Management and Budget (in consultation with the Office of Personnel Management)-- (1) shall continuously monitor all agencies and make a determination, as of September 30, 2011, and the last day of each quarter of each fiscal year beginning thereafter, as to whether or not the total number of Federal employees exceeds the maximum number allowable under subsection (b); and (2) whenever a determination under paragraph (1) is made that the total number of Federal employees exceeds the maximum number allowable under subsection (b), shall provide written notice to that effect to the President and Congress within 14 days after the last day of the quarter to which such determination relates. (d) Compliance.--Whenever, with respect to the quarter ending on September 30, 2014, or any subsequent quarter, the Office of Management and Budget provides written notice under subsection (c)(2) that the total number of Federal employees exceeds the maximum number allowable under subsection (b), no agency may thereafter appoint any employee to fill any vacancy within such agency until the Office of Management and Budget provides written notice to the President and Congress of a determination under subsection (c)(1) that the total number of Federal employees no longer exceeds the maximum number allowable under subsection (b). Any notice under the preceding sentence shall be provided within 14 days after the last day of the quarter to which the determination relates. (e) Waiver.-- (1) Emergencies.--This section may be waived upon a determination by the President that-- (A) the existence of a state of war or other national security concern so requires; or (B) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (2) Agency efficiency or critical mission.--This section may be waived, with respect to a particular position or category of positions in an agency, upon a determination by the President that the efficiency of the agency or the performance of a critical agency mission so requires. (f) Replacement Rate.--To the extent necessary to achieve the workforce reduction required by subsection (b), the Office of Management and Budget (in consultation with the Office of Personnel Management) shall take appropriate measures to ensure that agencies shall appoint no more than 1 employee for every 3 employees retiring or otherwise separating from Government service after the date of the enactment of this Act. This subsection shall cease to apply after September 30, 2014. (g) Counting Rule.--For purposes of this section, any determination of the number of employees in an agency shall be expressed on a full- time equivalent basis. (h) Limitation on Procurement of Service Contracts.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. SEC. 6. REDUCTION IN GOVERNMENT TRAVEL COSTS. (a) Definition.--In this section, the term ``agency'' means an executive agency as defined under section 105 of title 5, United States Code. (b) Reduction.--Notwithstanding any other provision of law, the total amount of funds appropriated to the appropriations account providing for travel expenses for each agency for each of fiscal years 2012, 2013, 2014, 2015, and 2016 may not exceed 80 percent of the total amount of funds appropriated to each of those appropriations accounts for fiscal year 2011. SEC. 7. LIMITATION ON GOVERNMENT PRINTING COSTS. Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to-- (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2012, except that the Director shall ensure that essential printed documents prepared for social security recipients, medicare beneficiaries, and other populations in areas with limited internet access or use continue to remain available; (2) establish government-wide Federal guidelines on employee printing; (3) issue on the Office of Management and Budget's public website the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees; except that the Director of the Office of Management and Budget shall ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually; and (4) issue guidelines requiring every department, agency, commission or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government-- (A) the name of the issuing agency, department, commission or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the firm publishing the document. SEC. 8. REDUCTION IN FEDERAL VEHICLE COSTS. Notwithstanding any other provision of law, for fiscal year 2012 and each fiscal year thereafter, the amount made available to the General Services Administration for the acquisition of new vehicles for the Federal fleet shall not exceed an amount equal to 80 percent of the amount made available for the acquisition of those vehicles for fiscal year 2010. SEC. 9. SALE OF EXCESS FEDERAL PROPERTY. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY ``Sec. 621. Definitions ``In this subchapter: ``(1) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(2) Landholding agency.--The term `landholding agency' means a landholding agency (as defined in section 501(i) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i))). ``(3) Real property.-- ``(A) In general.--The term `real property' means-- ``(i) a parcel of real property under the administrative jurisdiction of the Federal Government that is-- ``(I) excess; ``(II) surplus; ``(III) underperforming; or ``(IV) otherwise not meeting the needs of the Federal Government, as determined by the Director; and ``(ii) a building or other structure located on real property described in clause (i). ``(B) Exclusion.--The term `real property' excludes any parcel of real property, and any building or other structure located on real property, that is to be closed or realigned under the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note; Public Law 100-526). ``Sec. 622. Disposal program ``(a) In General.--Except as provided in subsection (e), the Director shall, by sale or auction, dispose of a quantity of real property with an aggregate value of not less than $100,000,000 that, as determined by the Director, is not being used, and will not be used, to meet the needs of the Federal Government for the period of fiscal years 2011 through 2015. ``(b) Recommendations.--The head of each landholding agency shall recommend to the Director real property for disposal under subsection (a). ``(c) Selection of Properties.--After receiving recommendations of candidate real property under subsection (b), the Director-- ``(1) with the concurrence of the head of each landholding agency, may select the real property for disposal under subsection (a); and ``(2) shall notify the recommending landholding agency head of the selection of the real property. ``(d) Website.--The Director shall ensure that all real properties selected for disposal under this section are listed on a website that shall-- ``(1) be updated routinely; and ``(2) include the functionality to allow any member of the public, at the option of the member, to receive updates of the list through electronic mail. ``(e) Transfer of Property.--The Director may transfer real property selected for disposal under this section to the Department of Housing and Urban Development if the Secretary of Housing and Urban Development determines that the real property is suitable for use in assisting the homeless.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: ``subchapter vii--expedited disposal of real property ``Sec. 621. Definitions. ``Sec. 622. Disposal program.''. SEC. 10. PROHIBITION ON EARMARKS. Section 312 of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``(g) Prohibition on Earmarks.-- ``(1) Bills and joint resolutions.-- ``(A) In general.--It shall not be in order in the Senate or the House of Representatives to consider a bill, resolution, or amendment that includes an earmark, limited tax benefit, or limited tariff benefit. ``(B) Procedure.--In the Senate, a point of order under this paragraph may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. ``(2) Conference report.-- ``(A) In general.--It shall not be in order in the Senate or the House of Representatives to vote on the adoption of a report of a committee of conference if the report includes an earmark, limited tax benefit, or limited tariff benefit. ``(B) Procedure.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, an appropriations act, upon a point of order being made by any Senator pursuant to this paragraph, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable under the same conditions as was the conference report. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. ``(3) Waiver.--Any Senator may move to waive any or all points of order under this subsection by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(4) Definitions.--For the purpose of this subsection-- ``(A) the term `earmark' means a provision or report language included primarily at the request of a Senator or Member of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; ``(B) the term `limited tax benefit' means any revenue provision that-- ``(i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and ``(ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; and ``(C) the term `limited tariff benefit' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities. ``(5) Application.--This subsection shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality or congressional district.''. | Implementation of Simpson-Bowles Spending Reductions Act of 2011 - Prohibits the total amount of appropriations to: (1) the White House for the Executive Office of the President and to the President for FY2012-FY2016 from exceeding 85% of the total amount of such appropriations for FY2011, and (2) Congress for such fiscal years from exceeding such a percentage of its FY2011 appropriations as well. Eliminates cost-of-living (COLA) adjustments for Members of Congress during FY2013-FY2015. Amends the Continuing Appropriations Act, 2011 to extend through December 31, 2015, the freeze on any COLA to the pay of certain federal civilian employees (thus extending such freeze from two to five calendar years). Extends through such date also the prohibition against receipt by a senior executive or senior-level employee of any increase in the rate of basic pay absent a change of position that results in a substantial increase in responsibility or a promotion. Requires the Office of Management and Budget (OMB) to: (1) take appropriate measures to ensure that the total number of federal employees, beginning in FY2015, does not exceed 90% of the total number of federal employees on September 30, 2011; (2) continuously monitor all agencies, make a determination on whether the total number of federal employees in any quarter of a fiscal year exceeds the maximum number allowed by this Act, and notify the President and Congress if the number exceeds the maximum; and (3) ensure that there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Allows the President to waive the workforce limitations imposed by this Act in specified circumstances. Requires OMB to take appropriate measures through FY2014 to ensure that agencies shall appoint no more than one employee for every three employees retiring or otherwise separating from government service. Prohibits the total amount of funds appropriated for travel expenses for each agency for each of FY2012-FY2016 from exceeding 80% of the total amount of funds appropriated for FY2011. Directs OMB to coordinate with federal departments and independent agencies to take certain steps to limit government printing costs. Reduces to 80% of the amount for FY2010 the amount made available to the General Services Administration (GSA) for FY2012 and each succeeding fiscal year to acquire new vehicles for the federal fleet. Requires OMB, by sale or auction, to dispose of a quantity of real property worth at least $100 million altogether (with specified exceptions) that is not being used, and will not be used, to meet the needs of the federal government for FY2011-FY2015. Amends the Congressional Budget Act of 1974 to make it out of order in either chamber to consider a bill, resolution, or any other measure that includes an earmark or limited tax or tariff benefit. Permits waiver of such prohibition in the Senate only by an affirmative vote of two-thirds of the Members. Exempts from such prohibition any authorization of appropriations to a federal entity if such authorization is not specifically targeted to a state, locality, or congressional district. |
SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nurse and Health Care Worker Protection Act of 2013''. (b) Findings.--Congress finds the following: (1) In 2011, registered nurses ranked fifth among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work, with 11,880 total cases. In 2011, nursing assistants reported 25,010 cases--the highest of all occupations. The leading cause of these health care employees' injuries is patient lifting, transferring, and repositioning injuries, which constitute a significant risk to the health and welfare of those employees. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. These consequences constitute a material impairment of health for these employees. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical and other appropriate lift programs can substantially reduce skin tears and pressure ulcers suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care. (4) The development of assistive patient handling technology, equipment, and devices has essentially rendered the act of strict manual patient handling outdated and typically unnecessary as a function of nursing care. (5) A growing number of health care facilities that have incorporated patient handling technology and practices have reported positive results. Injuries among nursing staff and health care workers have dramatically declined at health care facilities implementing safe patient handling technology, equipment, devices, and practices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (6) A number of States have implemented safe patient handling, mobility and injury prevention standards. The success of these programs at the facility and State level demonstrates the feasibility of such standards. (7) Establishing a safe patient handling, mobility, and injury prevention standard for direct-care registered nurses and other health care workers is a critical component reasonably necessary for protecting the health and safety of nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling, mobility, and injury prevention standard. Sec. 3. Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds. Sec. 4. Nonpreemption. Sec. 5. Definitions. SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD. (a) Rulemaking.--Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim final standard on safe patient handling, mobility, and injury prevention (in this section such standard is referred to as the ``safe patient handling, mobility, and injury prevention standard'') to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients. A final safe patient handling, mobility, and injury prevention standard shall be promulgated not later than 2 years after the date of enactment of this Act. (b) Requirements.--The safe patient handling, mobility, and injury prevention standard shall require the use of engineering and safety controls to perform handling of patients and the elimination of injuries from manual handling of patients by direct-care registered nurses and all other health care workers, through the development of a comprehensive program, to include the use of mechanical technology and devices to the greatest degree feasible. Where the use of mechanical technology and devices is not feasible, the standards shall require the use of alternative controls and measures, including trained, designated lift teams, to minimize the risk of injury to nurses and health care workers resulting from the manual handling of patients. The standard shall apply to all health care employers, shall generally align with interprofessional national safe patient handling, mobility, and injury prevention standards, and shall include the following: (1) Program development.--A requirement that each health care employer shall develop and implement a safe patient handling, mobility, and injury prevention program within 6 months of the date of promulgation of the final standard, which program shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Technology and equipment purchase and management.--A requirement that, within 2 years of the date of promulgation of the final standard, each health care employer shall purchase, use, maintain, and make accessible to health care workers, such safe patient handling equipment, technology, and accessories as the Secretary determines appropriate. (3) Health care worker participation.--A requirement that each health care employer shall obtain input from health care workers, to include direct care registered nurses, health care workers, their representatives, and their collective bargaining agents, in developing and implementing the safe patient handling, mobility, and injury prevention program, including the purchase of technology and equipment and necessary accessories. (4) Data tracking and review.--A requirement that each health care employer shall establish a review program to analyze data relevant to the implementation of the employers' safe patient handling, mobility, and injury prevention program, and shall account for circumstances where safe patient handling technology and equipment, or trained, designated lift teams, were not utilized in accordance with the health care employers safe patient handling, mobility, and injury prevention standard. Each health care employer shall upon request, make available their findings and data used in such review, to health care workers, their representatives, their collective bargaining agents, and the Secretary or other Federal agency. (5) Incorporation of technology into facilities.--A requirement that each health care employer shall consider the feasibility of incorporating safe patient handling technology as part of process of new facility design and construction, or facility remodeling. (6) Education and training.--A requirement that each health care employer shall train health care workers on safe patient handling, mobility, and injury prevention policies, technology, equipment, and devices, initially, and on a continuing annual basis, and as necessary. Such training shall prepare health care workers, including designated lift teams, to identify, assess, and control musculoskeletal hazards of a general nature, and those specific to particular patient care areas, and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive simulated point-of-care training and hands-on format that reflects the specific demands of a health care workers' duties. (7) Notice of safe patient handling and rights under this act.--A requirement that each health care employer shall post a uniform notice in a form specified by the Secretary that-- (A) explains the safe patient handling, mobility, and injury prevention standard; (B) includes information regarding safe patient handling, mobility, and injury prevention policies and training; (C) explains procedures to report patient handling- related injuries; and (D) explains health care workers' rights under this Act. (8) Annual evaluation.--A requirement that each health care employer shall conduct an annual written evaluation of the implementation of the safe patient handling, mobility, and injury prevention program, including handling procedures, selection of technology, equipment, and engineering controls, assessment of injuries, and new safe patient handling, mobility, and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, their representatives, and their collective bargaining agents, and their input shall be documented in the evaluation. Health care employers shall take corrective action as recommended in the written evaluation. (9) Right to refuse unsafe assignment.--A requirement that each health care employer shall provide procedures under which a health care worker or employee may refuse to perform the employee's duties if the employee has a reasonable apprehension that performing such duties would violate the safe patient handling, mobility, and injury prevention standard, and would result in injury or impairment of health to the health care worker, other health care workers, or patients. Where practicable, the health care worker must have communicated the health or safety concern to the health care employer and have not been able to obtain a correction of the violation. (c) Inspections.--The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with the safe patient handling, mobility, and injury prevention standard. SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND MEDICAID FUNDS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)(V), by inserting ``and safe patient handling, mobility, and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2009)'' before the period at the end; and (2) in subsection (b)(4)-- (A) in subparagraph (A), inserting ``and the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''; and (B) in subparagraph (B), inserting ``or the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling, mobility, and injury prevention standard required under section 2. SEC. 4. NONPREEMPTION. (a) Effect on Other Laws.--Nothing in this Act shall be construed to-- (1) preempt any law, rule, or regulation of a State or political subdivision of a State, unless such law, rule, or regulation is in conflict with this Act or a regulation or order issued under this Act; or (2) impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for employees engaging in conduct protected under this Act. (b) Rights Retained by Health Care Workers.--Nothing in this Act shall be construed to diminish the rights, privileges, or remedies of any health care worker or employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct-care registered nurse'' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Employee.--The term ``employee'' means any individual employed by a health care employer, to include health care workers, as well as employees who do not qualify as health care workers, including independent contractors. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Handling.--The term ``handling'' includes actions such as lifting, transferring, repositioning, mobilizing, moving, or any other action involving the physical movement, manipulation, or support of a patient by a health care worker, or any direct patient care action which presents a risk of musculoskeletal injury. (5) Health care employer.--The term ``health care employer'' means an outpatient health care facility, hospital, nursing home, home health care agency, social assistance facility or program, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar health care facility that employs direct-care registered nurses or other health care workers. (6) Health care worker.--The term ``health care worker'' means an individual who has been assigned by a health care employer to engage in patient handling, including direct-care registered nurses, independent contractors, or individuals who perform the duties of health care workers. (7) Lift team.--The term ``lift team'' means health care workers with specialized training and knowledge of safe patient handling, mobility, and injury prevention practices and technology. | Nurse and Health Care Worker Protection Act of 2013 - Requires the Secretary of Labor to promulgate an interim final standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering and safety controls to handle patients through the use of mechanical technology and devices where feasible. Requires, however, the use of alternative controls and measures, including trained, designated lift teams, where such technology and devices are not feasible, in order to minimize the risk of injury to nurses and health care workers. Includes among the requirements of a final standard that health care employers: (1) develop and implement a safe patient handling, mobility, and injury prevention program; (2) train their workers on safe patient handling, mobility, and injury prevention; and (3) post a uniform notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Requires the Secretary to conduct unscheduled inspections to ensure compliance with the standard. Amends title XVIII (Medicare) of the Social Security Act to apply the safe patient handling, mobility, and injury prevention standard to hospitals receiving Medicare funds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Property Mitigation Assistance Act of 2007''. SEC. 2. HOMEOWNER MITIGATION LOAN PROGRAM. Section 203 of the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5133) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following: ``(m) Homeowner Mitigation Loan Program.-- ``(1) Establishment.--The Administrator of the Federal Emergency Management Agency shall establish a grant program to provide assistance to States to promote pre-disaster property mitigation measures within the jurisdiction of the States. ``(2) Application.--A State desiring a grant under this subsection shall submit an application as required pursuant to regulations promulgated by the Administrator under paragraph (7). ``(3) Eligibility requirements.--In order to be eligible to receive a grant under paragraph (1) a State shall have-- ``(A) submitted a mitigation plan under section 322(c); ``(B) established a process for accepting and processing grant and loan applications from individual homeowners and business owners; ``(C) established a revolving loan fund to which any grant amounts received under this section shall be deposited; and ``(D) submitted a detailed plan for how terms and conditions for loans and grants authorized under paragraph (5) will be set. ``(4) Funding formula.-- ``(A) In general.--The Administrator shall allocate grant amounts to eligible States under paragraph (1) according to a formula based on the following factors: ``(i) The extent and nature of the potential hazards to property in the State. ``(ii) The level and degree of risk of potential hazards or natural disasters confronted by the State. ``(iii) The number of properties at risk in the event that a hazard or natural disaster should occur in the State. ``(iv) The amount of prior property damages incurred by the State during any previous hazard or natural disaster. ``(v) Any available data on the future risk of occurrence of any hazard or natural disaster in a State. ``(B) Baseline amount.--Any formula developed by the Administrator under subparagraph (A), shall ensure that each eligible State shall, at a minimum, receive an amount equal to not less than $500,000. ``(C) Matching requirement.--To be eligible to receive any grant funds under this subsection, a State shall contribute matching non-Federal funds in an amount equal to not less than 10 percent of the total amount of the grant. ``(5) Eligible activities.-- ``(A) In general.--A grant under this subsection may be used by a State to carry out grant and lending functions as authorized under this paragraph. ``(B) Revolving loans and grants to homeowners and businesses.-- ``(i) Authority of states.--Each State is authorized to make from any revolving loan fund established pursuant to paragraph (3)(C) grants or loans from such fund to assist individual homeowners and businesses in undertaking pre- disaster property mitigation measures. ``(ii) Determination of the state.--No loans shall be provided under this paragraph unless a State determines that-- ``(I) there is reasonable assurance of repayment of the loan; and ``(II) the amount of the loan, together with other funds available to the property owner, is adequate to assure the purposes for which the loan is made. ``(iii) Grant and loan requirements.-- ``(I) Grants.--A State may make grants for elevation and other pre- disaster property mitigation measures to homeowners with household incomes of less than 50 percent of area median income. ``(II) Loans.--A State may make-- ``(aa) low-interest loans for elevation and other pre- disaster property mitigation measures to homeowners with household incomes of less than 120 percent of area median income; and ``(bb) loans for elevation and other pre-disaster property mitigation measures to homeowners with household incomes of greater than 120 percent of area median income or any other property owner, including business owners. ``(III) Maximum grant and loan amounts.-- ``(aa) In general.--Each State shall establish maximum grant and loan amounts for elevation and other pre- disaster property mitigation measures under subclause (II). ``(bb) Considerations.--In establishing the grant and loan amounts under item (aa), each State shall consider the following: ``(AA) The degree to which such amounts will maximize mitigation efforts. ``(BB) The ability of such amounts to allow a homeowner to properly and effectively undertake mitigation activities. ``(IV) Interest rate.--For purposes of this paragraph, each State shall develop a sliding scale mechanism for determining the rate of interest to charge homeowners who apply for loans under this program based on their income level. ``(V) No compounding.--Interest on the outstanding principal balance of any loan under this paragraph shall not compound. ``(VI) Balance due.-- ``(aa) In general.--The principal of any loan made under this paragraph, including any interest accrued on such principal, shall not be due and payable before the period set forth in subclause (VII)(bb) unless the real property securing such loan is sold or transferred. ``(bb) Deposit of balance due.--If the event described in item (aa) occurs, the principal of any loan made under this paragraph, including any interest accrued on such principal, shall immediately become due and payable to the State. ``(VII) Repayment period.--All loans made under this paragraph shall be repayable-- ``(aa) on a monthly basis; and ``(bb) within a period of not more than 15 years. ``(VIII) No penalty for prepayment.--Any homeowner or other property owner who receives a loan under this section may repay the loan in full, without penalty, by lump sum or by installment payments, at any time prior to the loan becoming due and payable. ``(IX) Credits.--The interest on, and the proceeds from the collection or redemption of, any loan obligations held by the revolving loan fund of a State shall be credited to and form a part of such fund. ``(X) Subordination permitted.--Any loan made under this section will be subordinated to any refinancing of the first mortgage, any preexisting subordinate financing, any purchase money mortgage, or subordinated for any other reason, as determined by the State. ``(C) Application process.-- ``(i) In general.--An individual homeowner or business desiring a loan or grant under this paragraph shall submit an application at such time, in such manner, and accompanied by such information as the State may reasonably require. ``(ii) Required showing by homeowners.--An individual homeowner desiring a loan or grant under this paragraph shall submit to the State proof that such homeowner has insured the property on which any funds awarded under this paragraph will be used to undertake pre- disaster property mitigation measures, including proving that such homeowner has flood insurance on such property if the pre-disaster mitigation measure to be undertaken are being done to lower the risk of loss from a flood. ``(iii) State responsibility.--Each State receiving a grant under this subsection shall establish a process wherein not later than 60 days after the receipt of an application for a loan or grant submitted by a homeowner or business under clause (i), the State issues a determination as to whether or not such application is approved. In making such determination that State shall examine if the proposed mitigation project in the application satisfies the requirements of this paragraph, including whether-- ``(I) the homeowner or business is located in an area at risk of hazard or natural disaster; ``(II) the mitigation project is an eligible activity for purposes of such loan or grant; and ``(III) the cost of the mitigation project is reasonable. ``(D) Consultation with localities.--Each State receiving a grant under this subsection shall develop a process by which such State will consult with local and municipal governments as to each project proposed to be funded by a loan or grant under this paragraph. ``(6) Prohibition on use of funds for community wide mitigation activities.--None of the amounts made available under this subsection may be used for community wide mitigation activities. ``(7) Permissible designees.--A State receiving a grant under this subsection may designate a State housing finance agency or any other State agency, office, or entity with experience in maintaining grant and loan programs to-- ``(A) apply for a grant under this subsection; ``(B) receive and distribute grant funds awarded under this subsection in accordance with the requirements of this subsection; and ``(C) perform any other administrative duties related to the activities authorized by this subsection. ``(8) Rulemaking.--Not later than 6 months after the date of enactment of the Property Mitigation Assistance Act of 2007, the Administrator shall promulgate regulations implementing the provisions of this subsection. ``(9) Report to congress.--The Administrator shall, on annual basis, report to Congress on the activities authorized by this subsection. ``(10) Definitions.--As used in this subsection: ``(A) Low-interest loan.--The term `low-interest loan' means a loan that carries a simple annual percentage rate that shall be determined in the discretion of the State, but that shall, at minimum, be less than the prime rate of interest. ``(B) Median income.--The term `median income' means, with respect to an area, the unadjusted median family income for the area, as determined and published annually by the Secretary of Housing and Urban Development. ``(C) Other pre-disaster property mitigation measures.--The term `other pre-disaster property mitigation measures' includes-- ``(i) activities such as the addition of storm shutters, hurricane clips, and safe rooms; ``(ii) small elevation projects, such as the elevation of an electrical or heating system; and ``(iii) any other activity the Administrator, State, or local government believes will mitigate the risks of future hazards and natural disasters. ``(D) Prime rate of interest.--The term `prime rate of interest' means the target federal funds rate as determined by the Federal Open Markets Committee of the Federal Reserve System plus 300 basis points. ``(E) Property mitigation measures related to elevation.--The term `property mitigation measures related to elevation' means the elevation of a home. ``(F) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, each of the United States Virgin Islands, and any territory or possession of the United States. ``(11) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2008 through 2013.''. | Property Mitigation Assistance Act of 2007 - Amends the Robert T. Stafford Disaster Assistance and Emergency Relief Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish a grant program to provide assistance to states to promote pre-disaster property mitigation measures within their jurisdictions. Requires a state, to be eligible for assistance, to have: (1) submitted a mitigation plan; (2) established a process for accepting and processing grant and loan applications from individual homeowners and business owners; (3) established a revolving loan fund to which any grant amounts received under this Act shall be deposited; and (4) submitted a detailed plan for how terms and conditions for authorized loans and grants will be set. Directs the Administrator to allocate grant amounts to eligible states according to a formula based on specified factors, including the nature and extent of potential hazards to property in the state, the number of properties at risk in the event that a hazard or natural disaster should occur, the amount of prior property damage incurred by the state during any previous hazard or natural disaster, and any available data on the future risk of occurrence of any hazard or natural disaster in a state. Sets forth provisions regarding baseline amounts for eligible states and matching requirements. Authorizes each state to make grants or loans to assist individual homeowners and businesses in undertaking pre-disaster property mitigation measures from a revolving loan fund established under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Aid Accountability and Transparency Act of 2007''. SEC. 2. ACCOUNTABILITY AND TRANSPARENCY. Title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``PART E--INSTITUTIONAL REQUIREMENTS RELATED TO STUDENT LOANS ``SEC. 151. DEFINITIONS. ``In this part: ``(1) Agent.--The term `agent', when used with respect to an institution of higher education, means an organization such as an alumni association or booster club. ``(2) Lender.-- ``(A) In general.--The term `lender'-- ``(i) means a creditor, except that such term shall not include an issuer of credit under a residential mortgage transaction; and ``(ii) includes an agent of a lender. ``(B) Incorporation of tila definitions.--The terms `creditor' and `residential mortgage transaction' have the meanings given such terms in section 103 of the Truth in Lending Act (15 U.S.C. 1602). ``(3) Loan.-- ``(A) Student loan.--The term `student loan' means-- ``(i) any Federal student loan; or ``(ii) a private educational loan. ``(B) Federal student loan.--The term `Federal student loan' means any loan made, insured, or guaranteed under title IV of this Act. ``(C) Federal direct loan.--The term `Federal Direct loan' means any loan made under part D of title IV of this Act. ``(D) Private educational loan.--The term `private educational loan' means a private loan provided by a lender that-- ``(i) is not made, insured, or guaranteed under title IV; and ``(ii) is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender. ``(4) Postsecondary educational expenses.--The term `postsecondary educational expenses' means any of the expenses that are included as part of a student's cost of attendance, as defined under section 472. ``(5) Recommend.--An institution shall be considered to recommend any lender if the institution communicates to any student or parent of any student any recommendation, referral, promotion, or endorsement of any lender or the loan products of any lender. ``SEC. 152. RECOMMENDED LENDERS. ``No institution of higher education or agent of an institution of higher education may recommend any lender unless-- ``(1) the institution has adopted a formal written policy concerning the procedures and criteria by which the institution will select lenders for inclusion in or exclusion from those recommendations; ``(2) the policy, procedures, and criteria adopted by the institution are disclosed in accordance with section 153(a); and ``(3) if the institution recommends-- ``(A) any lender for making a Federal student loan, other than a Federal Direct loan, the institution recommends a minimum of 3 eligible lenders (as that term is defined in section 435) that are not affiliated lenders (as determined in accordance with regulations of the Secretary) for making such loans; and ``(B) any lender for making a private educational loan, the institution recommends a minimum of 3 lenders that are not affiliated lenders (as so determined) for making such loans. ``SEC. 153. DISCLOSURES. ``(a) Lender Recommendations.--An institution of higher education shall disclose, on its website and in the informational materials listed in subsection (d), the policy, procedures, and criteria that the institution has adopted in accordance with section 152(1), and the process by which the institution adopted such policy, procedures, and criteria. ``(b) Model Disclosure Form for Loan Options.-- ``(1) Requirement.--The Secretary shall develop and prescribe an easy-to-read model disclosure form that will provide students with the relevant information about the terms and conditions for both Federal loans and private educational loans for use by both institutions of higher education and lenders. ``(2) Consultation.--In developing the model disclosure forms required by this subsection, the Secretary shall consult with-- ``(A) students; ``(B) representatives from institutions of higher education, including financial aid administrators, registrars, business officers, and student affairs officials; ``(C) lenders; ``(D) loan servicers; and ``(E) guaranty agencies. ``(3) Information on federal student loans.--The model disclosure forms under this subsection with respect to Federal student loans shall include at a minimum the following information with respect to loans provided through each lender recommended by the institution and, in the case of a Federal Direct loan, with respect to loans provided through the institution: ``(A) the interest rate of the loan; ``(B) any fees associated with the loan; ``(C) the repayment terms available on the loan; ``(D) the opportunity for deferment or forbearance with the loan, including whether the loan payments can be deferred if the student is in school; and ``(E) contact information for the lender. ``(4) Information on private educational loans.--The model disclosure forms under this subsection with respect to private educational loans shall include at a minimum the following information with respect to loans made by each lender recommended by the institution: ``(A) the method of determining the interest rate of the loan; ``(B) types of repayment plans that are available; ``(C) whether, and under what conditions, early repayment may be available without penalty; ``(D) other borrower benefits such as in-school deferments; ``(E) late payment penalties; and ``(F) such other information as the Secretary may require. ``(5) Deadline.--The model disclosure forms required by this subsection shall be developed and prescribed within one year after the date of enactment of the Financial Aid Accountability and Transparency Act of 2007. ``(c) Disclosures by Institutions of Higher Education.--An institution of higher education that participates in the Federal student loan programs under part B of title IV of this Act, or any institution that recommends any lender of private educational loans for its students, shall disclose, on its website and in the informational materials described in subsection (e)-- ``(1) a statement that-- ``(A) indicates that students are not limited to or required to use the lenders the institutions recommends; and ``(B) the institution is required to process the documents required to obtain a loan from any eligible lender the student selects; ``(2) at a minimum, all of the information provided by the model disclosure form prescribed under subsection (b) with respect to any lender recommended by the institution for Federal student loans and, as applicable, private educational loans; ``(3) disclose the maximum amount of Federal grant and loan aid available to students in an easy-to-understand format; and ``(4) the institution's cost of attendance (as determined under section 472). ``(d) Disclosures for Federal Direct Loans.--An institution of higher education that participates in the Federal Direct loan program shall disclose, on its website and in the informational materials described in subsection (e), the information required under paragraphs (2), (3), and (4) of subsection (c), and the policies, procedures, and criteria the institution used to make the determination to participate in such Federal Direct loan program. ``(e) Informational Materials.--The informational materials described in this subsection are any publications, mailings, or electronic messages or media distributed to prospective or current students that describe, discuss, or relate to the financial aid opportunities available to students at an institution of higher education. ``SEC. 154. CODE OF CONDUCT. ``(a) Code of Conduct Required.--Each institution of higher education that participates in the Federal student loan program or has students that obtain private educational loans shall-- ``(1) develop a code of conduct in accordance with subsection (b) with which its employees, trustees, and directors are required to comply with respect to student loans; ``(2) publish the code of conduct prominently on its website; and ``(3) administer and enforce such code in accordance with the requirements of this section. ``(b) Contents of Code.-- ``(1) In general.--The code required by this section shall contain a limitation on the acceptance of gifts, payments, or other financial benefits (including the opportunity to purchase stock) provided to officers and employees of the institution (and, when appropriate, family members of such officers and employees) by any lender or guaranty agency that present or may present a conflict of interest or the appearance of a conflict of interest with the responsibilities of such officer or employee with respect to student loans or other financial aid. ``(2) Fees from lenders for service prohibited.--The code required by this section shall prohibit any officer or employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to student loans or other financial aid, from accepting from any lender or affiliate of any lender any fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for consulting services, serving on an advisory council, or otherwise advising such lender or affiliate. ``(3) Permitted exclusions from gift limitations.--An institution may exclude from treatment as a gift, payment, or other financial benefit under the code of conduct required by this section-- ``(A) standard informational material related to a loan, such as a brochure; ``(B) reimbursement for necessary transportation, lodging, and related expenses (including food and refreshments) for travel to a meeting in connection with serving on an advisory council, if such reimbursement is for travel for a period not exceeding 2 days and 1 night for each such meeting; ``(C) training or informational material furnished to an officer, employee, or agent of an institution as an integral part of a training session or through participation in an advisory council that is designed to improve the lender's service to the institution, if such training or participation contributes to the professional development of the employee or agent of the institution; and ``(D) favorable terms, conditions, and borrower benefits on an educational loan provided to a student, or a parent of a student, employed by the covered institution. ``(c) Training and Compliance.--An institution of higher education shall administer and enforce a code of conduct required by this section by, at a minimum, requiring all of its officers and employees with responsibilities with respect to student loans or other financial aid to obtain training annually in compliance with the code. ``(d) Ban on Education Loan Arrangements.--An institution of higher education shall be prohibited from entering into an education loan arrangement. For purposes of this section, an education loan arrangement is an arrangement between an institution of higher education (or an agent of the institution) and a lender under which-- ``(1) a lender provides or issues student loans to students attending the institution or to parents of such students; ``(2) the institution recommends the lender or the loan products of the lender; and ``(3) the lender pays a fee or provides other material benefits to the institution or officers, employees, or agents of the institution. ``(e) Ban on Staffing Assistance.-- ``(1) Prohibition.--An institution of higher education shall be prohibited from requesting or accepting from any lender any assistance with call center staffing or financial aid office staffing. ``(2) Certain assistance permitted.--Nothing in paragraph (1) shall be construed to prohibit an institution from requesting or accepting assistance from a lender related to-- ``(A) professional development training for financial aid administrators; or ``(B) providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that assisted in preparing or providing such materials. ``SEC. 155. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit an institution of higher education from negotiating with lenders for reduced interest rates or fees on student loans for students or parents.''. SEC. 3. DISCLOSURES REQUIRED FOR PRIVATE EDUCATIONAL LOANS. (a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Disclosures Required for Private Educational Loans.-- ``(1) In general.--In addition to any other disclosures required under this chapter with respect to a consumer credit transaction, a creditor shall provide any consumer with the following information, and obtain the acknowledgment of the consumer under paragraph (3), before executing any contract or agreement between the creditor and the consumer relating to any extension of credit consisting of or involving a private educational loan: ``(A) The consumer may qualify for Federal financial assistance for education through a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(B) In many cases, a Federal student loan may provide the consumer with more beneficial terms and conditions , including a lower annual percentage rate and fewer and lower fees, than private educational loans. ``(C) The consumer may obtain additional information concerning such Federal financial assistance at the website of the Department of Education. ``(2) Clear and conspicuous disclosure.--The disclosure required under paragraph (1) shall be placed in a conspicuous and prominent location on or with any written application, solicitation, or other document or paper relating to any extension of credit consisting of or involving a private educational loan for which such disclosure is required. ``(3) Written acknowledgment of receipt.--In each case in which a disclosure is provided pursuant to paragraph (1), a creditor shall obtain a written acknowledgment from the consumer that the consumer has read and understood the disclosure. ``(4) Definitions.--For purposes of this subsection, the terms `Federal student loan' and `private educational loan' have the same meanings as in section 151 of the Higher Education Act of 1965. ``(5) Regulations.--In prescribing regulations to implement this subsection, the Board shall consult with the Secretary of Education.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any credit consisting of or involving a private educational loan that is extended pursuant to a contract or agreement entered into after July 1, 2007. | Financial Aid Accountability and Transparency Act of 2007 - Amends the Higher Education Act of 1965 to prohibit an institution of higher education (IHE) from recommending student loan providers unless it has a formal written recommendation policy, publicizes such policy, and recommends a minimum of three unaffiliated lenders. Requires IHEs to disclose to students: (1) that they cannot limit students to recommended lenders and must process the loan documents of any eligible lender; (2) the maximum federal grant and loan aid available; and (3) the cost of attendance. Directs the Secretary of Education to develop and prescribe an easy-to-read model disclosure form for use by IHEs and lenders in providing relevant and specified minimum information to students concerning the terms of federal and private student loans. Requires IHEs to develop, publicize, and enforce codes of conduct for their employees, trustees, and directors prohibiting the acceptance of certain financial benefits or fees from student loan providers or guarantors. Bans IHEs from: (1) entering into educational loan arrangements that involve lender payments for recommended lender status; or (2) requesting or accepting lender assistance with call center or financial aid office staffing. Amends the Truth in Lending Act to require private educational loan providers to inform consumers, before such loans are executed, that they may qualify for federal educational assistance, that federal student loans may have more beneficial terms than private loans, and that they may obtain additional information concerning such assistance from the Department of Education's website. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Extremely Hazardous Materials Transportation Security Act of 2005''. SEC. 2. RULEMAKING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal, State, and local government entities, security experts, representatives of the hazardous materials shipping industry and labor unions representing persons who work in the hazardous materials shipping industry, and other interested persons, shall issue, after notice and opportunity for public comment, regulations concerning the shipping of extremely hazardous materials. (b) Purposes of Regulations.--The regulations shall be consistent, to the extent the Secretary determines appropriate, with and not duplicative of other Federal regulations and international agreements relating to the shipping of extremely hazardous materials and shall require-- (1) physical security measures for such shipments, such as the use of passive secondary containment of tanker valves and other technologies to ensure the physical integrity of pressurized tank cars used to transport extremely hazardous materials, additional security force personnel, and surveillance technologies and barriers; (2) concerned Federal, State, and local law enforcement authorities (including, if applicable, transit, railroad, or port authority police agencies) to be informed before an extremely hazardous material is transported within, through, or near an area of concern; (3) the creation of terrorism response plans for shipments of extremely hazardous materials; (4) the use of currently available technologies and systems to ensure effective and immediate communication between transporters of extremely hazardous materials and all entities charged with responding to acts of terrorism involving shipments of extremely hazardous materials; (5) comprehensive and appropriate training in the area of extremely hazardous materials transportation security for all individuals who transport, load, unload, or are otherwise involved in the shipping of extremely hazardous materials or who would respond to an accident or incident involving a shipment of extremely hazardous material or would have to repair transportation equipment and facilities in the event of such an accident or incident; and (6) for the transportation of extremely hazardous materials through or near an area of concern, the Secretary to determine whether or not the transportation could be made by one or more alternate routes at lower security risk and, if the Secretary determines the transportation could be made by an alternate route, the use of such alternate route, except when the origination or destination of the shipment is located within the area of concern. (c) Judicial Relief.--A person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials and violates or fails to comply with a regulation issued by the Secretary under this section may be subject, in a civil action brought in United States district court, for each shipment with respect to which the violation occurs-- (1) to an order for injunctive relief; or (2) to a civil penalty of not more than $100,000. (d) Administrative Penalties.-- (1) Penalty orders.--The Secretary may issue an order imposing an administrative penalty of not more than $1,000,000 for failure by a person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials to comply with a regulation issued by the Secretary under this section. (2) Notice and hearing.--Before issuing an order described in paragraph (1), the Secretary shall provide to the person against whom the penalty is to be assessed-- (A) written notice of the proposed order; and (B) the opportunity to request, not later than 30 days after the date on which the person receives the notice, a hearing on the proposed order. (3) Procedures.--The Secretary may issue regulations establishing procedures for administrative hearings and appropriate review of penalties issued under this subsection, including necessary deadlines. SEC. 3. WHISTLEBLOWER PROTECTION. (a) In General.--No person involved in the shipping of extremely hazardous materials may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person-- (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law, rule or regulation related to the security of shipments of extremely hazardous materials, or any other threat to the security of shipments of extremely hazardous materials, when the information or assistance is provided to or the investigation is conducted by-- (A) a Federal regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, discover, or terminate misconduct); (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule or regulation related to the security of shipments of extremely hazardous materials or any other threat to the security of shipments of extremely hazardous materials; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of shipments of extremely hazardous materials. (b) Enforcement Action.-- (1) In general.--A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by-- (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure.-- (A) In general.-- An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person's employer. (C) Burdens of proof.--An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations.--An action under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs. (c) Remedies.-- (1) In general.--A person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- (A) reinstatement with the same seniority status that the person would have had, but for the discrimination; (B) the amount of any back pay, with interest; and (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (d) Rights Retained by Person.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement. SEC. 4. REPORT ON EXTREMELY HAZARDOUS MATERIALS TRANSPORTATION SECURITY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal agencies, shall transmit to Congress a report on the security of, and risk of a terrorist attack on, shipments of extremely hazardous materials. (b) Content.--The report under subsection (a) shall include-- (1) information specifying-- (A) the Federal and State agencies that are responsible for the regulation of the transportation of extremely hazardous materials; and (B) the particular authorities and responsibilities of the heads of each such agency; and (2) an assessment of the vulnerability of the infrastructure associated with the transportation of extremely hazardous materials. (c) Form.--The report under subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 5. DEFINITIONS. In this Act, the following definitions apply: (1) Extremely hazardous material.--The term ``extremely hazardous material'' means-- (A) a material that is toxic by inhalation; (B) a material that is extremely flammable; (C) a material that is highly explosive; and (D) any other material designated by the Secretary to be extremely hazardous. (2) Area of concern.--The term ``area of concern'' means an area that the Secretary determines could pose a particular interest to terrorists. | Extremely Hazardous Materials Transportation Security Act of 2005 - Directs the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials that require: (1) physical security measures; (2) Federal, State, and local law enforcement authorities to be informed before such material is transported within, through, or near an area of concern; (3) the creation of response plans for shipments of extremely hazardous materials; (4) the use of currently available technologies and systems to ensure effective communication between transporters of extremely hazardous materials and all entities charged with responding to acts of terrorism involving shipments of such materials; (5) comprehensive training for all individuals involved in the shipping of such materials; and (6) the Secretary to determine whether transportation through or near an area of concern could be made by alternate routes at a lower security risk. Subjects a person (other than an individual) who violates such a regulation to injunctive relief or a civil penalty of up to $100,000. Authorizes the Secretary to impose administrative penalties. Sets forth whistleblower protections for persons involved in the shipment of extremely hazardous materials. Requires the Secretary to report to Congress on the security of, and risk of a terrorist attack on, such shipments. Defines "extremely hazardous material" as material that is toxic by inhalation, extremely flammable, highly explosive, or otherwise designated by the Secretary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Inspection Accountability Act''. SEC. 2. CIVIL PENALTIES FOR VIOLATION OF MEAT AND POULTRY INSPECTION LAWS. (a) Authority to Assess Penalties.--The Secretary of Agriculture may assess, by written order, a civil penalty against a person who violates the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), including a regulation promulgated or order issued under such Acts. Each violation, and each day during which a violation continues, shall be a separate offense. (b) Amount and Factors in Assessing Penalties.--The maximum amount that may be assessed under this section for a violation may not exceed $100,000. In determining the amount of the civil penalty, the Secretary of Agriculture shall take into account-- (1) the gravity of the violation; (2) the degree of culpability; (3) the size and type of the business; and (4) any history of prior offenses under the Federal Meat Inspection Act or the Poultry Products Inspection Act. (c) Notice and Opportunity for Hearing.--The Secretary of Agriculture shall not assess a civil penalty under this section against a person unless the person is given notice and opportunity for a hearing on the record before the Secretary in accordance with sections 554 and 556 of title 5, United States Code. (d) Judicial Review.-- (1) Review.--An order assessing a civil penalty against a person under subsection (a) may be reviewed only in accordance with this subsection. (2) Finality.--The order shall be final and conclusive unless the person-- (A) not later than 30 days after the effective date of the order, files a petition for judicial review in the United States court of appeals for the circuit in which the person resides or has its principal place of business or in the United States Court of Appeals for the District of Columbia; and (B) simultaneously sends a copy of the petition by certified mail to the Secretary. (3) Filing.--The Secretary shall promptly file in the court a certified copy of the record on which the violation was found and the civil penalty assessed. (e) Collection Action for Failure to Pay Assessment.--If a person fails to pay a civil penalty after the order assessing the civil penalty has become final and unappealable, the Secretary shall refer the matter to the Attorney General, who shall bring a civil action to recover the amount of the civil penalty in United States district court. In the collection action, the validity and appropriateness of the order of the Secretary of Agriculture imposing the civil penalty shall not be subject to review. (f) Refusal or Withdrawal of Inspection Pending Payment.--If a person fails to pay the amount of a civil penalty after the order assessing the civil penalty becomes final and unappealable, the Secretary of Agriculture may refuse to provide or withdraw inspection under title I of the Federal Meat Inspection Act or under the Poultry Products Inspection Act, as the case may be, until the civil penalty is paid or until the Secretary directs otherwise. (g) Penalties in Lieu of Other Actions.--Nothing in the Federal Meat Inspection Act or the Poultry Products Inspection Act requires the Secretary of Agriculture to report for prosecution, or for the institution of an action, a violation of such Act if the Secretary believes that the public interest will be adequately served by assessment of a civil penalty under this section. (h) Additional Remedies.--The remedies provided in this section shall be in addition to any other remedies that may be available. (i) Person Defined.--In this section, the term ``person'' means any individual, partnership, corporation, association, or other business unit. SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT; CIVIL PENALTIES REGARDING MEAT AND POULTRY. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following subsection: ``(h)(1) Any person who violates section 301 with respect to meat or poultry shall be liable to the United States for a civil penalty in an amount not to exceed $100,000. In determining the amount of the civil penalty, the Secretary shall take into account-- ``(A) the gravity of the violation; ``(B) the degree of culpability; ``(C) the size and type of the business; and ``(D) any history of prior offenses under this Act with respect to food. ``(2) Paragraphs (3) through (5) of subsection (g) apply with respect to a civil penalty under this subsection to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty under subsection (g).''. | Meat and Poultry Inspection Accountability Act - Authorizes the Secretary of Agriculture to assess specified civil money penalties for violations of the Federal Meat Inspection Act or the Poultry Products Inspection Act.Amends the Federal Food, Drug, and Cosmetic Act to authorize civil money penalties for violations of provisions under such Act as they relate to meat and poultry. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Schools Empowered to Respond Act''. SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL SCHOOL PREPAREDNESS AND RESPONSE. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 708. OFFICE OF NATIONAL SCHOOL PREPAREDNESS AND RESPONSE. ``(a) Establishment.--There is an Office of National School Preparedness and Response within the Office of the Secretary of Homeland Security. ``(b) Director.--The Office of National School Preparedness and Response shall be headed by a National Director for School Preparedness and Response (in this section referred to as the `Director'). ``(c) Responsibilities.--The Director shall have primary responsibility within the Department for the support of statewide, regional, and national efforts to enhance the collective response to acts of terrorism and other natural and man-made disasters at schools, including the following: ``(1) Serving as the principal advisor to the Secretary on the needs of schools and children in response to emergency situations, including acts of terrorism and other natural and man-made disasters, and providing the Secretary with guidance on how to address the role of schools and those who care for children in the National Strategy for Homeland Security. ``(2) Ensuring that policies, programs, and activities in the Department developed for the collective response to terrorism and other emergencies appropriately consider the needs of and impact upon schools and children, by facilitating the coordination of relevant agencies of the Department and reviewing departmental policies. ``(3) Coordinating with appropriate Federal agencies to enhance the collective response to terrorism and other emergencies at State, regional, local, and tribal levels at schools, including the following: ``(A) Developing initiatives and best practices. ``(B) Supporting efforts of local education agencies and other education institutions. ``(C) Creating and promoting training materials for elementary, secondary, and post-secondary teachers and school personnel, school resource officers, and school emergency planning professionals, including current training efforts in the Department. ``(D) Coordinating continued collaborations of the Department, including the Safe Schools Initiative. ``(4) Creating an Internet clearinghouse, in partnership with other appropriate Federal agencies, that identifies resources available to schools and, as appropriate, includes detailed implementation instructions or examples. The clearinghouse shall-- ``(A) incorporate guidance and best practices for the collective response to acts of terrorism and natural and man-made disasters, addressing at a minimum-- ``(i) advance planning; ``(ii) training with local law enforcement and first responders; ``(iii) sheltering and evacuating special needs students; and ``(iv) incorporating procedures for continuation of education in the event of extended school closures; and ``(B) include a resource to educate and empower educators, school personnel, students, and parents to know their roles in the collective response to acts of terrorism and natural and man-made disasters, such as that created by the Ready Campaign of the Department. ``(5) Monitoring the use of Federal grants within the Department and at other Federal agencies that support the collective response to acts of terrorism and natural and man- made disasters at schools, and based on such monitoring-- ``(A) making recommendations to improve the effectiveness of such funding; and ``(B) ensuring that grant guidance is clear regarding whether schools are eligible for support or disbursement of funds. ``(6) Working with States to support State efforts to make school district emergency management plans consistent with federally recommended practices. ``(7) Working with volunteer organizations, including the Citizen Corps, to encourage the involvement of schools and the consideration of school needs in planning and execution. ``(8) Working with other Department officials to ensure that schools are appropriately categorized within the Critical Infrastructure/Key Resources regime. ``(9) Working to ensure that schools are appropriately considered and prioritized in the development of and recommendations connected with the National Infrastructure Preparedness Plan and the National Response Framework. ``(10) Ensuring that education officials have input with the Government Coordinating Council. ``(11) Reviewing public awareness programs and screening policies by departmental entities, including transportation and border security screening, and ensure that such policies consider the needs and well-being of children. ``(12) Any additional responsibilities as determined by the Secretary. ``(d) Report to Congress.--Not later than one year after the date of the enactment of the Schools Empowered to Respond Act, and every two years thereafter, the Director shall submit to Congress a report on the activities of the Office of National School Preparedness and Response and the success of efforts to support the collective response to terrorism and other emergencies at schools.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 707 the following new item: ``Sec. 708. Office of National School Preparedness and Response.''. SEC. 3. HOMELAND SECURITY GRANTS. (a) Eligibility of Schools for Funding.-- (1) UASI and shsgp.--Section 2008(a)(8) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(8)) (as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007) is amended to read as follows: ``(8) enhancing school preparedness, including-- ``(A) the development of school security plans, including emergency preparedness evaluations and technical assistance; ``(B) training and exercises to assist public elementary and secondary schools in developing and implementing programs to instruct students regarding age-appropriate skills to prevent, prepare for, respond to, mitigate against, or recover from an act of terrorism; ``(C) staff development days to develop emergency plans and train and drill plans with appropriate staff; and ``(D) communications equipment vital for implementation of a school security plan or school transportation security plan.''. (2) Law enforcement terrorism prevention program.--Section 2006(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 607(a)(2)) (as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007) is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) training activities consistent with a State homeland security plan, including training that involves officials of State or local governments or schools;''. (b) Prioritization of Grant Proposals That Describe Effect on Schools.--Section 2007(a)of the Homeland Security Act of 2002 (6 U.S.C. 608(a)(2)) (as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007) is amended by striking ``and'' after the semicolon at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; and'', and by adding at the end the following new paragraph: ``(3) the extent to which grant proposals describe how the proposed use of a grant by a State or high-risk urban area considers the effect of that use for the collective response to acts of terrorism and other natural and man-made disasters and on the preparedness or utilization of auxiliary facilities and actors, including local education agencies and State education resources.''. SEC. 4. ENSURING SCHOOLS HAVE A VOICE IN NATIONAL, STATE, AND LOCAL HOMELAND SECURITY PLANNING. (a) General Responsibility.-- (1) Section 102(c) of the Homeland Security Act of 2002 is amended-- (A) by inserting ``and through the Office of School Preparedness and Response (established under section 708)'' after ``equipment)''; and (B) by inserting ``with the education sector,'' after ``authorities,''. (2) Section 102(c)(1) of such Act is amended by inserting ``with the education sector,'' after ``authorities,''. (b) Amendments to Homeland Security Planning Provisions.-- (1) Representation of state departments of education in state homeland security decision making.-- (A) Condition of receipt of assistance.--Section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended by adding at the end the following: ``(d) Representation of State Departments of Education in State Homeland Security Decision Making.--The Secretary shall require, as a condition of receipt of grants to any State under section 2003 and 2004, that the State include, in each homeland security decision-making body of the State that has authority to determine how such grants will be used, a representative, selected by the State education authority, who has an understanding of the emergency planning needs of local schools.''. (B) Limitation on application.--The amendment made by subparagraph (A) shall apply with respect to grants made with amounts appropriated for fiscal years beginning after the date of the enactment of this Act. (2) School resource officers are emergency response providers.--Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C. 101(6)) is amended by inserting ``school resource officer,'' after ``law enforcement,''. (3) School officials on state grant planning committees.-- Section 2021(b)(2)(A) of the Homeland Security Act of 2002 (6 U.S.C. 611(b)(2)(A)) is amended by striking ``and'' after the semicolon at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; and'', and by adding at the end the following new clause: ``(iii) school emergency planning officials, which may include representatives of the State education authority, local education agencies, and universities, and experts in school security and school emergency preparedness.''. (4) National training exercises effect on children and schools.--Section 648(b)(2)(A) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 748) is amended by striking ``and'' after the semicolon at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: ``(v) designed to address the unique needs of children in the event of a terrorist attack or other emergency and the impact of the same on schools and education facilities; and''. (5) DHS reporting on grant effectiveness.--Section 652(a)(2)(E) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 752(a)(2)(E)) (as amended by Public Law 110-53) is amended by striking ``and'' after the semicolon at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; and'', and by adding at the end the following new clause: ``(iii) have led to the resiliency of public institutions, including schools, during and after an act of terrorism or other natural or man-made disaster.''. (6) Consideration of education officials for the national advisory council.--Section 508(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 318(c)(1)) is amended-- (A) in subparagraph (A) by inserting ``, school resource officers and experts in school emergency preparedness,'' after ``emergency medical services,''; and (B) in subparagraph (C) by inserting ``, the education sector'' after ``governments,''. SEC. 5. SENSE OF CONGRESS ON EDUCATION SECTOR FOR HOMELAND SECURITY. (a) Findings.--Congress makes the following findings: (1) Children spend a significant portion of the day in schools and rely on education institutions for the safety and security throughout the day. (2) School facilities are major public assets in many communities and will be relied upon for shelter in-place and other uses during a terrorist or other emergency for children and adults. (b) Sense of Congress Regarding Adoption of Voluntary National Standards.--It is the sense of Congress that the Secretary of Homeland Security should promote, where appropriate, the adoption of voluntary national standards in schools to prepare for and enable a collective response to acts of terrorism and other natural and man-made disasters. (c) Sense of Congress Regarding Planning.--It is the sense of Congress that to ensure the ability of schools to participate in the collective response to terrorism and other emergencies, plans for responding to acts of terrorism and other natural and man-made disasters should include, as appropriate, the following: (1) A risk assessment addressing relative risks for local education authorities, schools, and other education institutions, similar to risk analysis and management for critical asset protection. (2) Detailed school emergency plans, including, as appropriate, the following: (A) District-wide school safety plans, including policies and procedures for the following: (i) Responding to threats, including terrorist threats. (ii) Responding to acts of violence that could arise from terrorism. (iii) Appropriate prevention and intervention strategies, such as the following: (I) Training for security personnel, including regarding how to de-escalate potentially violent situations. (II) Conflict resolution. (III) Peer mediation. (IV) Youth courts. (V) Extended day programs. (VI) Contacting law enforcement and first responders. (VII) Contacting parents or guardians. (VIII) School building security. (IX) Dissemination of informative materials regarding early detection of potentially violent behaviors. (X) Annual school safety training for staff and students. (XI) Protocol for responding to bomb threats, hostage taking, intruders and kidnappers. (XII) Developing strategies to improve communication among students and between students and staff. (XIII) Description of duties of hall monitors and other school safety personnel. (B) Building-level emergency response plans that include the following: (i) Policies and procedures for safe evacuation, including evacuation routes, shelter sites, procedures for addressing medical needs, transportation, and emergency notification to parents. (ii) Designation of an emergency response team. (iii) Access to floor plans, blueprints, and schematics of school interiors and grounds, and road maps of surrounding areas. (iv) An internal and external communication system. (v) Implementation of an incident command system. (vi) Coordination with any State-wide disaster mental health plan. (vii) Procedures to review and conduct of drills and exercises to test components of plans. (viii) Policies and procedures for securing and restricting access to crime scene. | Schools Empowered to Respond Act - Amends the Homeland Security Act of 2002 to establish within the Office of the Secretary of Homeland Security an Office of National School Preparedness and Response. Gives the Director of that office primary responsibility within the Department of Homeland Security (DHS) for the support of statewide, regional, and national efforts to enhance the collective response to acts of terrorism and other disasters at schools, including by: (1) serving as the principal advisor to the Secretary on the needs of schools and children in response to emergency situations; (2) ensuring that DHS policies, programs, and activities appropriately consider the needs of and impact upon schools and children; (3) creating an Internet clearinghouse that identifies resources available to schools; and (4) ensuring that education officials have input with the Government Coordinating Council. Permits the use of funds under the Urban Area Security Initiative and State Homeland Security Grant Program to enhance school preparedness. Directs the Secretary to condition the receipt of grants on a state including in each state homeland security decision-making body that has authority to determine how grants will be used a representative selected by the state education authority who has an understanding of the emergency planning needs of local schools. Expresses the sense of Congress: (1) promoting the adoption of voluntary national standards in schools to prepare for and enable a collective response to acts of terrorism and other disasters; and (2) regarding what plans for responding should be included to ensure school participation in such collective response. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Integrity in Contracting Act of 2007''. SEC. 2. DEFINITIONS. (a) Corporate Expatriation Transaction Defined.-- (1) In general.--In this Act, the term ``corporate expatriation transaction''-- (A) means any transaction in which-- (i) a foreign corporation (referred to in this section 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; and (B) includes any transaction in which-- (i) a foreign corporation acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership; 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 partners of the domestic partnership or related foreign partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction). (2) Lower stock ownership threshold for certain acquiring corporations.--Clause (ii) of paragraph (1)(A) shall be applied by substituting ``50 percent'' for ``80 percent'' with respect to any foreign corporation if-- (A) 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 (B) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. (3) Rules for determining ownership and scope of transaction.--For purposes of this subsection-- (A) a series of related transactions shall be treated as 1 transaction; and (B) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. (b) Other Definitions.--In this Act: (1) Domestic.--The term ``domestic'' means created or organized in the United States or under the law of the United States or of any State. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 102 of title 31, United States Code. (3) Expanded affiliated group.--The term ``expanded affiliated group'' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b) of such Code. (4) Foreign subsidiary.--The term ``foreign subsidiary'' means any foreign entity owned or controlled (directly or indirectly) by a potential contractor. (5) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means any government which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, to be a government that has provided support for acts of international terrorism. (6) Foreign terrorist organization.--The term ``foreign terrorist organization'' means a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT AWARDS. (a) In General.--No acquiring corporation or any subsidiary of such a corporation that enters into a corporate expatriation transaction after the date of the enactment of this Act shall be eligible to be awarded a Federal contract for the 5-year period beginning on the date that a disclosure regarding such transaction is made under section 5. (b) Penalties for Failure to Disclose.--In the event that the Administrator for Federal Procurement Policy determines that an entity is ineligible for a Federal contract under subsection (a) as a result of a corporate expatriation transaction that the entity fails to disclose under section 5(a), the period of ineligibility-- (1) shall begin on the date that the Administrator makes such determination; and (2) may be extended by the Administrator for a period that is longer than the period otherwise applicable under subsection (a) as a penalty for such failure to disclose. (c) Waiver.-- (1) In general.--Subject to paragraph (2), the President may waive this section with respect to any specific contract if the President certifies to Congress that the waiver is required in the interest of national security. (2) Report.--The President may not carry out a waiver under paragraph (1) until a period of 30 days has expired after the President submits to Congress a report containing the certification described in paragraph (1) and setting forth the rationale for the waiver. SEC. 4. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR FOREIGN TERRORIST ORGANIZATIONS. (a) Ineligibility.-- (1) In general.--Except as provided under paragraph (2), any entity doing business with, or having a parent or subsidiary doing business with, a state sponsor of terrorism or foreign terrorist organization after the date of the enactment of this Act shall be ineligible to be awarded a Federal contract for the period described in subsection (b). (2) Exception for entities doing business in compliance with the trade sanctions reform and export enhancement act of 2000.-- (A) Authority unaffected.--Nothing in this section shall be construed to prohibit or restrict an entity from selling food, agricultural commodities, medicine, or medical products to a state sponsor of terrorism or foreign terrorist organization pursuant to section 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205). (B) Eligibility for contracts unaffected.--No entity selling food, agricultural commodities, medicine, or medical products to a state sponsor of terrorism or foreign terrorist organization in full compliance with the requirements of section 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205), or any parent or subsidiary of such entity, shall be deemed ineligible to be awarded a Federal contract under subsection (a) as a result of conducting such business. (b) Period of Ineligibility.-- (1) Duration.--The period of ineligibility referred to in subsection (a)(1), as determined by the Administrator for Federal Procurement Policy, in cooperation with the Secretary of State, shall be-- (A) 5 years for a first offense; (B) 10 years for a second offense; and (C) 15 years for any offense after a second offense. (2) Commencement.--The period of ineligibility under this subsection shall begin on the date that a contractor makes a disclosure under section 5 that, according to the criteria under such section, the contractor is doing or has done business with, or has a subsidiary that is doing or has done business with, a state sponsor of terrorism or foreign terrorist organization. (3) Penalties for failure to disclose.--In the event that the Administrator for Federal Procurement Policy determines that an entity is ineligible for a Federal contract under subsection (a) as a result of a transaction or activity that the entity fails to disclose under section 5(a), the period of ineligibility-- (A) shall begin on the date that the Administrator makes such determination; and (B) may be extended by the Administrator for a period longer than the period otherwise applicable under paragraph (1) as a penalty for such failure to disclose. (c) Complaints.-- (1) In general.--Any United States citizen may file a complaint with an executive agency regarding a Federal contractor that has committed an offense under this section. (2) Report.--The head of each executive agency shall submit to Congress an annual report on the complaints received by citizens under this subsection, including the nature of the complaint and the manner in which the agency handled the complaint. SEC. 5. DISCLOSURE REQUIREMENTS. (a) Certification.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to require that every contractor that submits a bid for a government contract shall be required to submit with such bid a certification describing-- (1) whether the contractor or the contractor's parent company has entered into a corporate expatriation transaction after the date of the enactment of this Act; and (2) whether the contractor, the contractor's domestic parent company, or any other domestic subsidiaries of the domestic parent company are doing business, or own a foreign subsidiary that is doing business, or has done business since the date of the enactment of this Act, with a state sponsor of terrorism or a foreign terrorist organization. (b) Information Sharing.--The head of each executive agency shall regularly transmit information disclosed pursuant to subsection (a) to the Administrator for Federal Procurement Policy. (c) Database.--The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: ``SEC. 43. DATABASE OF CORPORATE EXPATRIATION TRANSACTIONS AND TRANSACTIONS WITH STATE SPONSORS OF TERRORISM OR FOREIGN TERRORIST ORGANIZATIONS. ``(a) Database.--The Administrator for Federal Procurement Policy shall establish and maintain a database listing each contractor that, after the date of the enactment of the Restoring Integrity in Contracting Act of 2007-- ``(1) has entered into a corporate expatriation transaction, or has a parent company that has entered into such a transaction; or ``(2) has done business with, or owns a foreign subsidiary that has done business with, a state sponsor of terrorism or a foreign terrorist organization, or has a domestic parent company that has done, or has any other domestic subsidiaries that have done, such business. ``(b) Collection of Information.--The Administrator shall establish and maintain the database under subsection (a) using information compiled from certifications submitted by contractors pursuant to section 5(a) of the Restoring Integrity in Contracting Act of 2007. ``(c) Corporate Expatriation Transaction Defined.-- ``(1) In general.--In this section, the term `corporate expatriation transaction'-- ``(A) means any transaction in which-- ``(i) a foreign corporation (referred to in this section 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; and ``(B) includes any transaction in which-- ``(i) a foreign corporation acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership; 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 partners of the domestic partnership or related foreign partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction). ``(2) Lower stock ownership threshold for certain acquiring corporations.--Clause (ii) of paragraph (1)(A) shall be applied by substituting `50 percent' for `80 percent' with respect to any foreign corporation if-- ``(A) 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 ``(B) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(3) Rules for determining ownership and scope of transaction.--For purposes of this subsection-- ``(A) a series of related transactions shall be treated as 1 transaction; and ``(B) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(d) Other Definitions.--In this section: ``(1) Domestic.--The term `domestic' means created or organized in the United States or under the law of the United States or of any State. ``(2) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b) of such Code. ``(3) Foreign subsidiary.--The term `foreign subsidiary' means any foreign entity owned or controlled (directly or indirectly) by a potential contractor. ``(4) State sponsor of terrorism.--The term `state sponsor of terrorism' means any government which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, to be a government that has provided support for acts of international terrorism. ``(5) Foreign terrorist organization.--The term `foreign terrorist organization' means a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).''. | Restoring Integrity in Contracting Act of 2007 - Disqualifies an acquiring corporation, or any subsidiary of such a corporation, that enters into a corporate expatriation transaction from federal contract awards for five years. Authorizes the Administrator for Federal Procurement Policy to extend the period of ineligibility as a penalty for failure to disclose such a transaction. Authorizes a presidential waiver in the interest of national security. Disqualifies any entity doing business with, or having a parent or subsidiary doing business with, a state sponsor of terrorism or foreign terrorist organization from federal contract awards for at least five years. Exempts entities selling food, agricultural commodities, medicine, or medical products under the Trade Sanctions Reform and Export Enhancement Act of 2000. Requires the revision of the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act to require every contractor that submits a bid for a government contract to submit a certification describing whether: (1) the contractor or a parent company has entered into a corporate expatriation transaction; and (2) the contractor, a domestic parent company, or any subsidiary is doing or has done business with a state sponsor of terrorism or a foreign terrorist organization. Amends the Office of Federal Procurement Policy Act to require the Administrator to establish and maintain a database of corporate expatriation transactions and transactions with state sponsors of terrorism or foreign terrorist organizations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Hydropower Development at Existing Nonpowered Dams Act''. SEC. 2. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS. Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following: ``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS. ``(a) Expedited Licensing Process for Non-Federal Hydropower Projects at Existing Nonpowered Dams.-- ``(1) In general.--As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for any facility the Commission determines is a qualifying facility. ``(2) Rule.--Not later than 180 days after the date of enactment of this section, the Commission shall issue a rule establishing an expedited process for issuing and amending licenses and preliminary permits for qualifying facilities under this section. ``(3) Interagency task force.--In establishing the expedited process under this section, the Commission shall convene an interagency task force, with appropriate Federal and State agencies and Indian tribes represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate a qualifying facility. ``(4) Length of process.--The Commission shall ensure that the expedited process under this section will result in a final decision on an application for a license by not later than 2 years after receipt of a completed application for the license. ``(b) Dam Safety.-- ``(1) Assessment.--Before issuing any license for a qualifying facility, the Commission shall assess the safety of existing non-Federal dams and other non-Federal structures related to the qualifying facility (including possible consequences associated with failure of such structures). ``(2) Requirements.--In issuing any license for a qualifying facility, the Commission shall ensure that the Commission's dam safety requirements apply to such qualifying facility, and the associated qualifying nonpowered dam, over the term of such license. ``(c) Interagency Communications.--Interagency cooperation in the preparation of environmental documents under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an application for a license for a qualifying facility under this section, and interagency communications relating to licensing process coordination pursuant to this section, shall not-- ``(1) be considered to be ex parte communications under Commission rules; or ``(2) preclude an agency from participating in a licensing proceeding under this part. ``(d) Identification of Nonpowered Dams for Hydropower Development.-- ``(1) In general.--Not later than 12 months after the date of enactment of this section, the Commission, with the Secretary of the Army, the Secretary of the Interior, and the Secretary of Agriculture, shall jointly develop a list of existing nonpowered Federal dams that the Commission and the Secretaries agree have the greatest potential for non-Federal hydropower development. ``(2) Considerations.--In developing the list under paragraph (1), the Commission and the Secretaries may consider the following: ``(A) The compatibility of hydropower generation with existing purposes of the dam. ``(B) The proximity of the dam to existing transmission resources. ``(C) The existence of studies to characterize environmental, cultural, and historic resources relating to the dam. ``(D) The effects of hydropower development on release or flow operations of the dam. ``(3) Availability.--The Commission shall-- ``(A) provide the list developed under paragraph (1) to-- ``(i) the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources, of the House of Representatives; and ``(ii) the Committee on Environment and Public Works, and the Committee on Energy and Natural Resources, of the Senate; and ``(B) make such list available to the public. ``(e) Definitions.--For purposes of this section: ``(1) Qualifying criteria.--The term `qualifying criteria' means, with respect to a facility-- ``(A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; ``(B) the facility will be associated with a qualifying nonpowered dam; ``(C) the facility will be constructed, operated, and maintained for the generation of electric power; ``(D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and ``(E) the operation of the facility will not result in any material change to the storage, release, or flow operations of the associated qualifying nonpowered dam. ``(2) Qualifying facility.--The term `qualifying facility' means a facility that is determined under this section to meet the qualifying criteria. ``(3) Qualifying nonpowered dam.--The term `qualifying nonpowered dam' means any dam, dike, embankment, or other barrier-- ``(A) the construction of which was completed on or before the date of enactment of this section; ``(B) that is or was operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, drinking water, or flood control purposes; and ``(C) that, as of the date of enactment of this section, is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part.''. SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES. Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is amended by adding at the end the following: ``(5) Any obligation of a licensee for payment of annual charges under this subsection shall commence when the construction of the applicable facility commences.''. Passed the House of Representatives December 12, 2017. Attest: KAREN L. HAAS, Clerk. | Promoting Hydropower Development at Existing Nonpowered Dams Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC)to establish an expedited licensing process for issuing and amending licenses and preliminary permits for any qualifying facility as defined by this bill. In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate a qualifying facility. FERC must assess the safety of existing non-federal dams and other non-federal structures related to the qualifying facility before issuing any license for a qualifying facility. FERC must coordinate with the Department of the Army, Department of the Interior and the Department of Agriculture to jointly develop a list of existing nonpowered federal dams that have the greatest potential for non-federal hydropower development. (Sec.3)Licensees of a qualifying facility are not required to pay an annual charge for administrative expenses until construction commences. |
SECTION 1. REGIONAL STRATEGY TO ADDRESS THE THREAT POSED BY BOKO HARAM. (a) Strategy Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall jointly develop and submit to the appropriate committees of Congress a 5-year strategy to help enable the Government of Nigeria, members of the Multinational Joint Task Force to Combat Boko Haram (MNJTF) authorized by the African Union, and relevant partners to counter the regional threat of Boko Haram and assist the Government of Nigeria and its neighbors to accept and address legitimate grievances of vulnerable populations in areas affected by Boko Haram. (2) Elements.--At a minimum, the strategy shall address the following elements: (A) Enhance, pursuant to existing authorities and restrictions, the institutional capacity, including military capabilities, of the Government of Nigeria and partner nations in the region, as appropriate, to counter the threat posed by Boko Haram. (B) Provide humanitarian support to civilian populations impacted by Boko Haram's activity. (C) Specific activities through which the United States Government intends to improve and enhance the capacity of MNJTF member nations to investigate and prosecute human rights abuses by security forces and promote respect for the rule of law within the military. (D) A means for assisting Nigeria, and as appropriate, MNJTF member nations, to counter violent extremism, including efforts to address underlying societal factors shown to contribute to the ability of Boko Haram to radicalize and recruit individuals. (E) A plan to strengthen and promote the rule of law, including by improving the capacity of the civilian police and judicial system in Nigeria, enhancing public safety, and responding to crime (including gender-based violence), while respecting human rights and strengthening accountability measures, including measures to prevent corruption. (F) Strengthen the long-term capacity of the Government of Nigeria to enhance security for schools such that children are safer and girls seeking an education are better protected, and to combat gender- based violence and gender inequality. (G) Identify and develop mechanisms for coordinating the implementation of the strategy across the interagency and with the Government of Nigeria, regional partners, and other relevant foreign partners. (H) Identify the resources required to achieve the strategy's objectives. (b) Assessment.--The Director of National Intelligence shall submit, to the appropriate committees of Congress, an assessment regarding-- (1) the willingness and capability of the Government of Nigeria and regional partners to implement the strategy developed under subsection (a), including the capability gaps, if any, of the Government and military forces of Nigeria that would need to be addressed to enable the Government of Nigeria and the governments of its partner countries in the region-- (A) to counter the threat of Boko Haram; and (B) to address the legitimate grievances of vulnerable populations in areas affected by Boko Haram; and (2) significant United States intelligence gaps concerning Boko Haram or on the willingness and capacity of the Government of Nigeria and regional partners to implement the strategy developed under subsection (a). (c) Sense of Congress.--It is the sense of Congress that lack of economic opportunity and access to education, justice, and other social services contributes to the ability of Boko Haram to radicalize and recruit individuals. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. | This bill requires: the Department of State and the Department of Defense to develop jointly and submit to Congress a five-year strategy to help Nigeria, members of the Multinational Joint Task Force to Combat Boko Haram, and relevant partners to counter Boko Haram, and to assist Nigeria and its neighbors to address legitimate grievances of vulnerable populations in areas affected by Boko Haram; and the Director of National Intelligence to assess the willingness and capability Nigeria and regional partners to implement such strategy. It is the sense of Congress that lack of economic opportunity and access to education, justice, and other social services contributes to Boko Haram's ability to radicalize and recruit individuals. |
special habeas corpus procedures in capital cases (a) Title 28, United States Code, is amended by inserting the following new chapter immediately following chapter 153: ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES ``Sec. ``2256. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment. ``2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions. ``2258. Filing of habeas corpus petition; time requirements; tolling rules. ``2259. Evidentiary hearings; scope of Federal review; district court adjudication. ``2260. Certificate of probable cause inapplicable. ``Sec. 2256. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment ``(a) This chapter shall apply to cases arising under section 2254 of this title brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if subsections (b) and (c) are satisfied. ``(b) This chapter is applicable if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State to have otherwise become final for State law purposes. The rule of court or statute must provide standards of competency for the appointment of such counsel. ``(c) Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record-- ``(1) appointing one or more counsel to represent the prisoner upon a finding that the prisoner-- ``(A) is indigent and has accepted the offer; or ``(B) is unable competently to decide whether to accept or reject the offer; ``(2) finding, after a hearing, if necessary, that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or ``(3) denying the appointment of counsel upon a finding that the prisoner is not indigent. ``(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation. ``(e) The ineffectiveness or incompetence of counsel during State or Federal collateral post-conviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under this chapter or section 2254 of this title. This subsection shall not preclude the appointment of different counsel at any phase of State or Federal post-conviction proceedings. ``Sec. 2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions ``(a) Upon the entry in the appropriate State court of record of an order pursuant to section 2256(c) of this title, a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to section 2254 of this title. The application must recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay. ``(b) A stay of execution granted pursuant to subsection (a) shall expire if-- ``(1) a State prisoner fails to file a habeas corpus petition under section 2254 of this title within the time required in section 2258 of this title; or ``(2) upon completion of district court and court of appeals review under section 2254 of this title, the petition for relief is denied and-- ``(A) the time for filing a petition for certiorari has expired and no petition has been filed; ``(B) a timely petition for certiorari was filed and the Supreme Court denied the petition; or ``(C) a timely petition for certiorari was filed and upon consideration of the case, the Supreme Court disposed of it in a manner that left the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254 of this title, in the presence of counsel and after having been advised of the consequences of making the waiver. ``(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution or grant relief in a capital case unless-- ``(1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; ``(2) the failure to raise the claim-- ``(A) was the result of State action in violation of the Constitution or laws of the United States; ``(B) was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable; or ``(C) is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and ``(3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense or offenses for which the death penalty was imposed. ``Sec. 2258. Filing of habeas corpus petition; time requirements; tolling rules ``(a) Any petition for habeas corpus relief under section 2254 of this title must be filed in the appropriate district court not later than 180 days after the filing in the appropriate State court of record of an order issued in compliance with section 2256(c) of this title. The time requirements established by this section shall be tolled-- ``(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner seeks review of a capital sentence that has been affirmed on direct appeal by the court of last resort of the State or has otherwise become final for State law purposes; ``(2) subject to subsection (b), during any period in which a State prisoner under capital sentence has a properly filed request for post-conviction review pending before a State court of competent jurisdiction; and ``(3) during an additional period not to exceed 60 days, if counsel for the State prisoner-- ``(A) moves for an extension of time in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus petition under section 2254 of this title; and ``(B) makes a showing of good cause for counsel's inability to file the habeas corpus petition within the 180-day period established by this section. ``(b)(1) The time requirement established by subsection (a) shall be continuously tolled under paragraph (2) of that subsection from the date the State prisoner initially files for post-conviction review until the date of final disposition of the case by the highest court of the State so long as all State filing rules are timely met. ``(2) Tolling shall not occur under subsection (a)(2) during the pendency of a petition for certiorari before the Supreme Court following State post-conviction review. ``Sec. 2259. Evidentiary hearings; scope of Federal review; district court adjudication ``(a) When a State prisoner under a capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall-- ``(1) determine the sufficiency of the evidentiary record for habeas corpus review based on the claims actually presented and litigated in the State courts, unless the prisoner shows that the failure to raise or develop a claim in the State courts-- ``(A) was the result of State action in violation of the Constitution or laws of the United States; ``(B) was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable; or ``(C) is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State post-conviction review; and ``(2) conduct any requested evidentiary hearing necessary to complete the record for habeas corpus review. ``(b) Upon the development of a complete evidentiary record, the district court shall rule on the merits of the claims properly before it. ``Sec. 2260. Certificate of probable cause inapplicable ``The requirement of a certificate of probable cause in order to appeal from the district court to the court of appeals does not apply to habeas corpus cases subject to this chapter except when a second or successive petition is filed.''. | Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel, and that any such mechanism must offer counsel to all State prisoners under capital sentence and meet other specified requirements. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with an exception. |
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Domain Name Piracy Prevention Act of 1999''. (b) References to the Trademark Act of 1946.--Any reference in this Act to the Trademark Act of 1946 shall be a reference to the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.). SEC. 2. FINDINGS. Congress finds the following: (1) The registration, trafficking in, or use of a domain name that is identical to, confusingly similar to, or dilutive of a trademark or service mark of another that is distinctive at the time of registration of the domain name, without regard to the goods or services of the parties, with the bad-faith intent to profit from the goodwill of another's mark (commonly referred to as ``cyberpiracy'' and ``cybersquatting'')-- (A) results in consumer fraud and public confusion as to the true source or sponsorship of goods and services; (B) impairs electronic commerce, which is important to interstate commerce and the United States economy; (C) deprives legitimate trademark owners of substantial revenues and consumer goodwill; and (D) places unreasonable, intolerable, and overwhelming burdens on trademark owners in protecting their valuable trademarks. (2) Amendments to the Trademark Act of 1946 would clarify the rights of a trademark owner to provide for adequate remedies and to deter cyberpiracy and cybersquatting. SEC. 3. CYBERPIRACY PREVENTION. (a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended by inserting at the end the following: ``(d)(1)(A) Any person who, with bad-faith intent to profit from the goodwill of a trademark or service mark of another, registers, traffics in, or uses a domain name that is identical to, confusingly similar to, or dilutive of such trademark or service mark, without regard to the goods or services of the parties, shall be liable in a civil action by the owner of the mark, if the mark is distinctive at the time of the registration of the domain name. ``(B) In determining whether there is a bad-faith intent described under subparagraph (A), a court may consider factors such as, but not limited to-- ``(i) the trademark or other intellectual property rights of the person, if any, in the domain name; ``(ii) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person; ``(iii) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services; ``(iv) the person's legitimate noncommercial or fair use of the mark in a site accessible under the domain name; ``(v) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site; ``(vi) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for substantial consideration without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services; ``(vii) the person's intentional provision of material and misleading false contact information when applying for the registration of the domain name; and ``(viii) the person's registration or acquisition of multiple domain names which are identical to, confusingly similar to, or dilutive of trademarks or service marks of others that are distinctive at the time of registration of such domain names, without regard to the goods or services of such persons. ``(C) In any civil action involving the registration, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. ``(2)(A) The owner of a mark may file an in rem civil action against a domain name if-- ``(i) the domain name violates any right of the registrant of a mark registered in the Patent and Trademark Office, or section 43 (a) or (c); and ``(ii) the court finds that the owner has demonstrated due diligence and was not able to find a person who would have been a defendant in a civil action under paragraph (1). ``(B) The remedies of an in rem action under this paragraph shall be limited to a court order for the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark.''. (b) Additional Civil Action and Remedy.--The civil action established under section 43(d)(1) of the Trademark Act of 1946 (as added by this section) and any remedy available under such action shall be in addition to any other civil action or remedy otherwise applicable. SEC. 4. DAMAGES AND REMEDIES. (a) Remedies in Cases of Domain Name Piracy.-- (1) Injunctions.--Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``section 43(a)'' and inserting ``section 43 (a), (c), or (d)''. (2) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by inserting ``, (c), or (d)'' after ``section 43 (a)''. (b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15 U.S.C. 1117) is amended by adding at the end the following: ``(d) In a case involving a violation of section 43(d)(1), the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just. The court shall remit statutory damages in any case in which an infringer believed and had reasonable grounds to believe that use of the domain name by the infringer was a fair or otherwise lawful use.''. SEC. 5. LIMITATION ON LIABILITY. Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is amended-- (1) in the matter preceding subparagraph (A) by striking ``under section 43(a)'' and inserting ``under section 43 (a) or (d)''; and (2) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D)(i) A domain name registrar, a domain name registry, or other domain name registration authority that takes any action described under clause (ii) affecting a domain name shall not be liable for monetary relief to any person for such action, regardless of whether the domain name is finally determined to infringe or dilute the mark. ``(ii) An action referred to under clause (i) is any action of refusing to register, removing from registration, transferring, temporarily disabling, or permanently canceling a domain name-- ``(I) in compliance with a court order under section 43(d); or ``(II) in the implementation of a reasonable policy by such registrar, registry, or authority prohibiting the registration of a domain name that is identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Register of the United States Patent and Trademark Office. ``(iii) A domain name registrar, a domain name registry, or other domain name registration authority shall not be liable for damages under this section for the registration or maintenance of a domain name for another absent a showing of bad faith intent to profit from such registration or maintenance of the domain name. ``(iv) If a registrar, registry, or other registration authority takes an action described under clause (ii) based on a knowing and material misrepresentation by any person that a domain name is identical to, confusingly similar to, or dilutive of a mark registered on the Principal Register of the United States Patent and Trademark Office, such person shall be liable for any damages, including costs and attorney's fees, incurred by the domain name registrant as a result of such action. The court may also grant injunctive relief to the domain name registrant, including the reactivation of the domain name or the transfer of the domain name to the domain name registrant.''. SEC. 6. DEFINITIONS. Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting after the undesignated paragraph defining the term ``counterfeit'' the following: ``The term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)). ``The term `domain name' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.''. SEC. 7. SAVINGS CLAUSE. Nothing in this Act shall affect any defense available to a defendant under the Trademark Act of 1946 (including any defense under section 43(c)(4) of such Act or relating to fair use) or a person's right of free speech or expression under the first amendment of the United States Constitution. SEC. 8. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstances is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 9. EFFECTIVE DATE. This Act shall apply to all domain names registered before, on, or after the date of enactment of this Act, except that statutory damages under section 35(d) of the Trademark Act of 1946 (15 U.S.C. 1117), as added by section 4 of this Act, shall not be available with respect to the registration, trafficking, or use of a domain name that occurs before the date of enactment of this Act. | (Sec. 3) Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner. Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner. (Sec. 4) Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. Requires the court to remit statutory damages if an infringer believed with reasonable grounds that use of the domain name was fair or otherwise lawful. (Sec. 5) Shields from liability for monetary relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Registry of the U.S. Patent and Trademark Office. Provides that if a registration authority takes such action based on a knowing and material misrepresentation by any person that a domain name is identical to, confusingly similar to, or dilutive of a another's registered mark, such person shall be liable for damages incurred by the domain name registrant and the court may grant injunctive relief to such registrant. Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) In General.--This Act may be cited as the ``Layoff Prevention Act of 2017''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Temporary financing of short-time compensation payments in States with programs in law. Sec. 3. Temporary financing of short-time compensation agreements. Sec. 4. Grants for short-time compensation programs. Sec. 5. Assistance and guidance in implementing programs. SEC. 2. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN STATES WITH PROGRAMS IN LAW. (a) Payments to States.-- (1) In general.--Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986) under the provisions of the State law. (2) Terms of payments.--Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Limitations on payments.-- (A) General payment limitations.--No payments shall be made to a State under this section for short-time compensation paid to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for a week of total unemployment. (B) Employer limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State under a short-time compensation program if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (b) Applicability.-- (1) In general.--Payments to a State under subsection (a) shall be available for weeks of unemployment-- (A) beginning on or after the date of the enactment of this Act; and (B) ending on or before the date that is 5 years and 6 months after the date of the enactment of this Act. (2) Five-year funding limitation for combined payments under this section and section 3.--States may receive payments under this section and section 3 with respect to a total of not more than 260 weeks. (c) New Programs.--Subject to paragraphs (1)(B) and (2) of subsection (b), if at any point after the date of the enactment of this Act the State enacts a State law providing for the payment of short- time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, as added by section 2161(a), the State shall be eligible for payments under this section after the effective date of such enactment. (d) Funding and Certifications.-- (1) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (2) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (e) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (f) Technical Correction to Definition.--Section 3306(v)(6) of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking ``Workforce Investment Act of 1998'' and inserting ``Workforce Innovation and Opportunity Act''. SEC. 3. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS. (a) Federal-State Agreements.-- (1) In general.--Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State's law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986). (2) Ability to terminate.--Any State which is a party to an agreement under this section may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Provisions of Federal-State Agreement.-- (1) In general.--Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of the Internal Revenue Code of 1986. (2) Limitations on plans.-- (A) General payment limitations.--A short-time compensation plan approved by a State shall not permit the payment of short-time compensation to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for a week of total unemployment. (B) Employer limitations.--A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (3) Employer payment of costs.--Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State's unemployment fund and shall not be used for purposes of calculating an employer's contribution rate under section 3303(a)(1) of the Internal Revenue Code of 1986. (c) Payments to States.-- (1) In general.--There shall be paid to each State with an agreement under this section an amount equal to-- (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments.--Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (4) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Applicability.-- (1) In general.--An agreement entered into under this section shall apply to weeks of unemployment-- (A) beginning on or after the date on which such agreement is entered into; and (B) ending on or before the date that is 2 years and 13 weeks after the date of the enactment of this Act. (2) Two-year funding limitation.--States may receive payments under this section with respect to a total of not more than 104 weeks. (e) Special Rule.--If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, the State-- (1) shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and (2) subject to paragraphs (1)(B) and (2) of section 2(b), shall be eligible to receive payments under section 2 after the effective date of such State law. (f) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 4. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS. (a) Grants.-- (1) For implementation or improved administration.--The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs. (2) For promotion and enrollment.--The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined). (3) Eligibility.-- (A) In general.--The Secretary shall determine eligibility criteria for the grants under paragraphs (1) and (2). (B) Clarification.--A State administering a short- time compensation program, including a program being administered by a State that is participating in the transition under the provisions of sections 301(a)(3) and 302(c), that does not meet the definition of a short-time compensation program under section 3306(v) of the Internal Revenue Code of 1986, and a State with an agreement under section 3, shall not be eligible to receive a grant under this section until such time as the State law of the State provides for payments under a short-time compensation program that meets such definition and such law. (b) Amount of Grants.-- (1) In general.--The maximum amount available for making grants to a State under paragraphs (1) and (2) shall be equal to the amount obtained by multiplying $100,000,000 (less the amount used by the Secretary under subsection (e)) by the same ratio as would apply under subsection (a)(2)(B) of section 903 of the Social Security Act (42 U.S.C. 1103) for purposes of determining such State's share of any excess amount (as described in subsection (a)(1) of such section) that would have been subject to transfer to State accounts, as of October 1, 2016, under the provisions of subsection (a) of such section. (2) Amount available for different grants.--Of the maximum incentive payment determined under paragraph (1) with respect to a State-- (A) one-third shall be available for a grant under subsection (a)(1); and (B) two-thirds shall be available for a grant under subsection (a)(2). (c) Grant Application and Disbursal.-- (1) Application.--Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and complete with such information as the Secretary may require. In no case may the Secretary award a grant under this section with respect to an application that is submitted after December 31, 2020. (2) Notice.--The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary's findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of subsection (a). (3) Certification.--If the Secretary finds that the State law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the grant payment to be transferred to the State account in the Unemployment Trust Fund (as established in section 904(a) of the Social Security Act (42 U.S.C. 1104(a))) pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after receiving such certification. (4) Requirement.--No certification of compliance with the requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose-- (A) State law is not otherwise eligible for certification under section 303 of the Social Security Act (42 U.S.C. 503) or approvable under section 3304 of the Internal Revenue Code of 1986; or (B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 months of the certification. (d) Use of Funds.--The amount of any grant awarded under this section shall be used for the implementation of short-time compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with such programs, such as through-- (1) the creation or support of rapid response teams to advise employers about alternatives to layoffs; (2) the provision of education or assistance to employers to enable them to assess the feasibility of participating in short-time compensation programs; and (3) the development or enhancement of systems to automate-- (A) the submission and approval of plans; and (B) the filing and approval of new and ongoing short-time compensation claims. (e) Administration.--The Secretary is authorized to use 0.25 percent of the funds available under subsection (g) to provide for outreach and to share best practices with respect to this section and short-time compensation programs. (f) Recoupment.--The Secretary shall establish a process under which the Secretary shall recoup the amount of any grant awarded under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date that any such grant is awarded to the State, the State-- (1) terminated the State's short-time compensation program; or (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary). (g) Funding.--There are appropriated, out of moneys in the Treasury not otherwise appropriated, to the Secretary, $100,000,000 to carry out this section, to remain available without fiscal year limitation. (h) Reporting.--The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds. (i) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) Short-time compensation program.--The term ``short-time compensation program'' has the meaning given such term in section 3306(v) of the Internal Revenue Code of 1986. (3) State; state agency; state law.--The terms ``State'', ``State agency'', and ``State law'' have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 5. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. (a) In General.--In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986), the Secretary of Labor (in this section referred to as the ``Secretary'') shall-- (1) develop model legislative language which may be used by States in developing and enacting such programs and periodically review and revise such model legislative language; (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; (3) establish reporting requirements for States, including reporting on-- (A) the number of estimated averted layoffs; (B) the number of participating employers and workers; and (C) such other items as the Secretary of Labor determines are appropriate. (b) Model Language and Guidance.--The model language and guidance developed under subsection (a) shall allow sufficient flexibility by States and participating employers while ensuring accountability and program integrity. (c) Consultation.--In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts. | Layoff Prevention Act of 2017 This bill requires each state that has already enacted a short-time compensation program to be paid 100% of the amount of short-time compensation paid under such program. Under a short-time compensation program, an employer may avoid a layoff of one or more employees by reducing the hours of all workers in the employer's workforce. Employees affected by a reduction in hours may receive a partial short-time compensation payment to compensate for lost wages. This is a voluntary and temporary program, beginning upon the enactment of this bill and ending five and one-half years later. The bill imposes certain limitations on payments to states and requires employers to pay their states one-half of the short-time compensation paid under the employer plan. The Department of Labor must: (1) award grants to states that enact short-time compensation programs to implement or improve the administration of such plans, (2) develop model legislative language for states in developing and enacting short-time compensation plans, and (3) provide technical assistance to states and establish reporting requirements for such programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Preparation and Retention Training Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) training programs carried out under the Job Training Partnership Act (29 U.S.C. 1501 et seq.) that include a pre- vocational component have had placement success rates that are better than the success rates of programs under that Act that lack that component; (2) a need exists for skills training to enable individuals who are welfare recipients to make transitions into unsubsidized employment that provides career potential and enables the individuals to achieve economic self-sufficiency; (3) current Federal law does not adequately address the tremendously deleterious effect of unfavorable environmental and cultural factors on the ability of such individuals to obtain and retain gainful employment; (4) a need exists for a Federal commitment to the development of pre-vocational training programs that focus on-- (A) improving the job readiness of individuals who are welfare recipients; (B) preparing the individuals psychologically and attitudinally for employment; (C) teaching the individuals learning and other appropriate skills; and (D) placing the individuals-- (i) in permanent unsubsidized employment; or (ii) in skill training centers and, on completion of the skill training, in permanent unsubsidized employment; and (5) community-based organizations-- (A) have provided such pre-vocational training programs to disadvantaged populations, with demonstrable success; and (B) should receive additional Federal assistance to enable the organizations to enhance the ability of the organizations to provide the training programs in communities with large populations of welfare recipients and enable the organizations to provide the training programs to additional welfare recipients. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) Welfare recipient.--The term ``welfare recipient'' means an individual receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (3) Welfare transition program.--The term ``welfare transition program'' means a vocational training program conducted by or at the direction of a State as part of a State program described in paragraph (2). SEC. 4. GRANTS TO STATES. (a) Grants.-- (1) In general.--The Secretary may make grants to States to enable the States to assist community-based organizations in implementing enhanced pre-vocational training programs for eligible individuals. (2) Grant period.--The Secretary shall make the grants for periods of 1 year. (b) State Plans.--To be eligible to receive a grant under this section, the State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall contain-- (1) a State plan describing the pre-vocational training programs to be carried out in the State with funds made available through the grant; and (2) in particular, information describing the manner in which the State will ensure that an appropriate community-based organization in the State will carry out a pre-vocational training program for incarcerated persons described in section 5(b)(2)(B), in accordance with section 5(b)(3)(B). (c) Award of Grants.--In awarding grants under this section, the Secretary shall take into consideration the needs of economically distressed urban and rural areas in the States, as determined by the Secretary. SEC. 5. ASSISTANCE TO COMMUNITY-BASED ORGANIZATIONS. (a) Assistance.-- (1) In general.--A State that receives a grant under section 4 shall use the funds made available through the grant to provide financial assistance to community-based organizations, to enable the organizations to implement the pre-vocational training programs referred to in section 4. (2) Assistance period.--The State shall make the assistance for periods of 1 year. (b) Use of Funds.-- (1) In general.--A community-based organization that receives financial assistance under this section shall use the assistance to implement a pre-vocational training program, through which the organization shall provide pre-vocational training and placement services to eligible individuals. (2) Eligible individuals.--To be eligible to receive services through a pre-vocational training program under this Act, an individual shall (A) be a welfare recipient who-- (i) is enrolled in a welfare transition program; or (ii) is eligible to be enrolled in, but has not participated in, a welfare transition program; or (B) be a person who is incarcerated in a Federal, State, or local prison, and will be released from the prison within a reasonable period, as defined in regulation by the Secretary. (3) Pre-vocational training.-- (A) Welfare recipients.--An organization selected by a State to implement a pre-vocational training program for eligible individuals described in paragraph (2)(A) shall-- (i) provide pre-vocational training, through job training centers, designed to-- (I) as quickly as practicable, enable the individuals to overcome the effects of inadequate educational preparation and unfavorable environmental and cultural factors, in order to prepare the individuals for employment; (II) improve the job readiness of the individuals; (III) prepare the individuals psychologically and attitudinally for employment; and (IV) enable the individuals to develop learning skills, communication and computational skills, punctuality, health and personal maintenance skills, job seeking skills (including interviewing skills), basic literacy, skills required for receipt of a secondary school diploma or its equivalent, professionalism, and responsiveness for authority; and (ii) on completion of the pre-vocational training, place the individuals-- (I) in permanent unsubsidized employment; or (II) in skill training centers that provide superior skill training for positions that are quickly obtainable and, on completion of the skill training, in permanent unsubsidized employment. (B) Incarcerated persons.--An organization selected by a State to implement a pre-vocational training program for eligible individuals described in paragraph (2)(B) shall provide the pre-vocational training described in subparagraph (A)(i) in the Federal, State, or local prison involved and provide the placement services described in subparagraph (A)(ii)(II). (4) Limits.--The organization shall provide not less than 2 weeks and not more than 3 months of pre-vocational training to an eligible individual through the program. The organization shall not provide more than $1200 in services under the program to an eligible individual. (5) Special rule.--No organization may charge a fee to an eligible individual for services under the program, if the individual is a citizen or resident alien. (6) Coordination.--A community-based organization providing placement services under this subsection shall coordinate the services with the efforts of local private sector businesses to create jobs and employment opportunities. (c) Applications.--To be eligible to receive financial assistance under this section, a community-based organization shall submit an application to the State at such time, in such manner, and containing such information as the Secretary may require. SEC. 6. MONITORING. The Secretary shall monitor the effectiveness of programs carried out under this Act by collecting information on-- (1) the percentage of program participants who are placed in employment after that participation; (2) the percentage of the participants who are retained in employment after that participation; and (3) the economic impact of the employment of the participants. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal years 1999 and 2000. | Job Preparation and Retention Training Act of 1998 - Authorizes the Secretary of Labor to make grants to States to assist community-based organizations in implementing enhanced pre-vocational training programs for eligible individuals. Makes individuals eligible for such training programs if they are: (1) welfare recipients who are enrolled in welfare transition programs, or who are eligible to be so enrolled but have not participated in such programs; or (2) Federal, State, or local prisoners who will be released within a reasonable period. Limits the duration of an individual's pre-vocational training to between two weeks and three months. Limits the maximum monetary value of such services provided to any eligible individual. Sets forth program requirements relating to State plans, grant award considerations, assistance to and use of funds by community organizations, and monitoring. Authorizes appropriations. |
SECTION 1. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH. (a) Establishment.--Subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.) is amended by adding at the end the following: ``SEC. 3632. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH. ``(a) Establishment.-- ``(1) In general.--Not later than 120 days after the date of the enactment of this section, the President shall establish and appoint an Advisory Board on Toxic Substances and Worker Health (referred to in this section as the `Board'). ``(2) Consultation on appointments.--In appointing members to the Board under paragraph (1), the President shall consult with organizations with expertise on worker health issues in order to ensure that the membership of the Board reflects a proper balance among perspectives from the scientific, medical, legal, workers, and worker advocate communities. ``(3) Chairperson.--The President shall designate a chairperson of the Board from among its members. ``(b) Duties.--The Board shall-- ``(1) provide advice to the President concerning the review and approval of the Department of Labor site exposure matrix; ``(2) conduct periodic peer reviews of, and approve, medical guidance for part E claims examiners with respect to the weighing of a claimant's medical evidence; ``(3) obtain periodic expert reviews of medical evidentiary requirements for part B claims related to lung diseases; ``(4) provide oversight over consulting physicians and reports to ensure quality, objectivity, and consistency of the consultant physicians' work; and ``(5) coordinate where applicable exchanges of data and findings with the Advisory Board on Radiation and Worker Health (under section 3624). ``(c) Staff and Powers.-- ``(1) In general.--The President shall appoint a staff to facilitate the work of the Board. The staff of the Board shall be headed by a Director who shall be appointed under subchapter VIII of chapter 33 of title 5, United States Code. ``(2) Federal agency personnel.--The President may authorize the detail of employees of Federal agencies to the Board as necessary to enable the Board to carry out its duties under this section. The detail of such personnel may be on a non-reimbursable basis. ``(3) Powers.--The Board shall have same powers that the Advisory Board has under section 3624. ``(d) Expenses.--The members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serving at the request of the President, and while serving away from their homes or regular place of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence (as authorized by section 5703 of title 5, United States Code) for individuals in the Federal Government serving without pay. ``(e) Security Clearances.-- ``(1) Requirement.--The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate. The Secretary should, not later than 180 days after receiving a completed application for such a clearance, make a determination whether or not the individual concerned is eligible for the clearance. ``(2) Budget justification.--For fiscal year 2012, and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied. ``(f) Information.--The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board, access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as restricted data (as defined in section 2014(y)) and information covered by the Privacy Act.''. (b) Department of Labor Response to the Office of the Ombudsman Annual Report.--Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g), the following: ``(h) Response to Report.--Not later than 90 days after the publication of the annual report under subsection (e), the Department of Labor shall submit an answer in writing on whether the Department agrees or disagrees with the specific issues raised by the Ombudsman, if the Department agrees, on the actions to be taken to correct the problems identified by the Ombudsman, and if the Department does not agree, on the reasons therefore. The Department of Labor shall post such answer on the public Internet website of the Department.''. | Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health. Requires the Board to provide advice to the President on the review and approval of the Department of Labor site exposure matrix (SEM) used to determine the eligibility of Department of Energy (DOE) employee contractor claims for compensation for lung disease resulting from exposure to toxic substances. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota Valley National Wildlife Refuge Protection Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) On September 21, 1998, the United States Fish and Wildlife Service announced an agreement with the Metropolitan Airports Commission of the State of Minnesota, which is the public agency that operates the Minneapolis-St. Paul International Airport. The agreement would allow construction of a new runway for that airport that would have severe impacts on the Minnesota Valley National Wildlife Refuge. (2) The agreement authorizes impacts of a major runway expansion that would allow more than 5,000 overflights per month at less than 2,000 feet above the surface of the Minnesota Valley National Wildlife Refuge. (3) The Minnesota Valley National Wildlife Refuge, in serving as an urban-oriented wildlife refuge, is a sanctuary in the midst of the urban and industrial sprawl of Minneapolis and St. Paul, Minnesota. Any agreement to allow scores of jumbo jets each day to fly any closer to the one place of sanctuary for wildlife in that region violates the very concept of providing places of refuge for wildlife. (4) A disparity exists in the treatment of activities affecting various national wildlife refuges. Although low altitude overflights would be allowed over the Minnesota Valley National Wildlife Refuge, activities that would have significantly fewer impacts have been prohibited on or near other national wildlife refuges located in rural areas. Even emergency medical services necessary to save human lives have not been allowed access to some national wildlife refuges. (5) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) requires that for every major Federal action an environmental impact statement must be prepared that describes and mitigates for the impacts of the action on the environment. (6) The environmental impact statement prepared with respect to expansion of the Minneapolis-St. Paul International Airport is totally inadequate, because it fails to adequately determine and describe the impacts of 5,000 overflights per month below an altitude of 2,000 feet on endangered species, threatened species, and other protected species of fish and wildlife in the Minnesota Valley National Wildlife Refuge. SEC. 3. MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE PROTECTION. (a) Moratorium on Implementation of Agreement.--The Secretary of the Interior and the United States Fish and Wildlife Service shall not implement any agreement entered into before the date of the enactment of this Act that would have the effect of allowing expansion of the Minneapolis-St. Paul International Airport beyond the capacity of that airport on that date of enactment. (b) Environmental Review.-- (1) Existing environmental impact statement not effective.--The environmental impact statement prepared by the Department of Transportation and the Minneapolis-St. Paul Airport Commission with respect to the expansion of the Minneapolis-St. Paul International Airport, dated May 1998, shall have no force or effect. (2) Preparation of new environmental impact statement required--A new environmental impact statement with respect to the expansion of the Minneapolis-St. Paul International Airport shall be prepared in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) before the date on which construction is begun to expand that airport, that-- (A) fully determines and describes the impacts, on each species of fish or wildlife that inhabits or uses the Minnesota Valley National Wildlife Refuge and is listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) or otherwise protected under Federal or Minnesota State law, of increases in overflights of the refuge resulting from the expansion; and (B) includes a determination of whether consultation is required under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) with respect to that expansion. (c) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Interior shall report to the Congress regarding whether the activities associated with expansion of the Minneapolis-St. Paul International Airport or additional overflights of the Minnesota Valley National Wildlife Refuge by air traffic using that airport may constitute a taking of an endangered species or threatened species of fish or wildlife prohibited by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). | Minnesota Valley National Wildlife Refuge Protection Act of 1999 - Prohibits the Secretary of the Interior and the U.S. Fish and Wildlife Service from implementing any agreement entered into before this Act's enactment date that would have the effect of allowing expansion of the Minneapolis-St. Paul International Airport beyond the capacity of that airport on that enactment date. Gives no force or effect to the environmental impact statement prepared by the Department of Transportation and the Minneapolis-St. Paul Airport Commission with respect to the expansion of the Airport, dated May 1998. Requires the preparation of a new environmental impact statement with respect to the expansion of such airport in accordance with the National Environmental Policy Act of 1969 before the date on which construction is begun to expand that airport, that: (1) fully determines and describes the impacts on protected species of fish and wildlife that inhabit or use the Minnesota Valley National Wildlife Refuge of increases in overflights of the refuge resulting from the expansion; and (2) includes a determination of whether consultation is required under Endangered Species Act of 1973 with respect to that expansion. Requires the Secretary to report to the Congress regarding whether the activities associated with the expansion of such airport or additional overflights of the Minnesota Valley National Wildlife Refuge by air traffic using that airport may constitute a taking of an endangered species or threatened species prohibited by the Endangered Species Act of 1973. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Budget Autonomy Act of 2013''. SEC. 2. TERMINATION OF FEDERAL MANDATES OVER LOCAL BUDGET PROCESS AND FINANCIAL MANAGEMENT OF DISTRICT OF COLUMBIA. (a) Termination of Mandates.-- (1) In general.--Part D of title IV of the District of Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official Code) is amended by adding at the end the following new subpart: ``Subpart 3--Termination of Federal Mandates ``termination of federal mandates ``Sec. 458. (a) Budget and Financial Management Governed Under District Law.--Effective with respect to fiscal year 2014 and each succeeding fiscal year which is not a control year-- ``(1) the provisions of subpart 1 and subpart 2 (other than sections 445A, 449, 453(c), and 455) shall not apply; and ``(2) the process by which the District of Columbia develops and enacts the budget for the District government for a fiscal year, and the activities carried out with respect to the financial management of the District government for a fiscal year, shall be established under such laws as may be enacted by the District (except that nothing in this subsection may be construed to permit the District to waive the application of any other provision of this Act to such budget or such activities for the fiscal year). ``(b) Special Rule for Determination of Fiscal Year.--Section 441 (relating to the fiscal year of the District) shall not apply with respect to fiscal year 2014 or any succeeding fiscal year, without regard to whether or not the fiscal year is a control year. ``(c) No Effect on Existing Obligations.--Nothing in this section may be construed to relieve the District of Columbia of any contractual or other financial obligations incurred by the District under a budget enacted for a fiscal year prior to fiscal year 2014. ``(d) No Effect on Other Provisions of Law.--Nothing in this section may be construed to waive the application of any provision of this Act with respect to the process and activities described in subsection (a)(2) for a fiscal year, other than the provisions which do not apply to the fiscal year pursuant to subsection (a)(1).''. (2) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to part D of title IV the following: ``Subpart 3--Termination of Federal Mandates ``Sec. 458. Termination of Federal mandates.''. (b) Elimination of Congressional Review Period for Budget Acts.-- Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is amended-- (1) in the second sentence of paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and (2) by adding at the end the following new paragraph: ``(4) In the case of any Act adopting the annual budget for the District of Columbia government for fiscal year 2014 or any succeeding fiscal year which is not a control year, such Act shall take effect upon the date prescribed by such Act.''. SEC. 3. TERMINATION OF FEDERAL MANDATES OVER BORROWING OF MONEY. (a) Termination of Mandates.-- (1) In general.--Part E of title IV of the District of Columbia Home Rule Act (sec. 1-204.61 et seq., D.C. Official Code) is amended by adding at the end the following new subpart: ``Subpart 6--Termination of Federal Mandates ``termination of federal mandates ``Sec. 490A. (a) Borrowing Governed Under District Law.--Except as provided in subsection (b), effective with respect to fiscal year 2014 and each succeeding fiscal year which is not a control year-- ``(1) the provisions of subparts 1 through 5 shall not apply; and ``(2) the process and rules by which the District of Columbia issues bonds or otherwise borrows money shall be established under such laws as may be enacted by the District. ``(b) Exception for Certain Provisions.--Subsection (a) does not apply with respect to the following sections: ``(1) Section 482 (relating to the full faith and credit of the District). ``(2) Section 484 (relating to the nonapplicability of the full faith and credit of the United States). ``(3) Section 485 (relating to the tax treatment of bonds and notes). ``(4) Section 486 (relating to legal investment in bonds and notes). ``(5) Section 487 (relating to payments for sanitary sewage water works, water pollution projects, and waste treatment services). ``(6) Section 488 (relating to payments for reservoirs on the Potomac River). ``(7) Section 489 (relating to contributions to the Washington Metropolitan Area Transit Authority). ``(c) Rule of Construction.--Nothing in this section may be construed-- ``(1) to relieve the District of Columbia of any obligation incurred with respect to bonds or other forms of borrowing issued prior to fiscal year 2014; or ``(2) to waive the application to the District of Columbia of any other Federal law governing the borrowing of funds by States or units of local government, including the Internal Revenue Code of 1986.''. (2) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to part E of title IV the following: ``Subpart 6--Termination of Federal Mandates ``Sec. 490A. Termination of Federal mandates.''. (b) Repeal of Cap on Amount of District Borrowing.--Section 603(b) of such Act (sec. 1-206.03(b), D.C. Official Code) is amended by adding at the end the following new paragraph: ``(4) Paragraphs (1) through (3) shall not apply with respect to fiscal year 2014 or any succeeding fiscal year which is not a control year.''. SEC. 4. REPEAL OF APPLICATION OF FEDERAL ANTI-DEFICIENCY ACT TO DISTRICT OF COLUMBIA GOVERNMENT. (a) Repeal of Provisions Relating to Limitations on Appropriations.--Subchapter III of chapter 13 of title 31, United States Code, is amended by striking ``or of the District of Columbia government'' each place it appears in the following sections: (1) Section 1341(a)(1). (2) Section 1342. (3) Section 1349(a). (4) Section 1350. (5) Section 1351. (b) Repeal of Provisions Relating to Apportionment of Appropriations.--Subchapter II of chapter 15 of such title is amended by striking ``or of the District of Columbia government'' each place it appears in the following sections: (1) Section 1517(a). (2) Section 1517(b). (3) Section 1518. (4) Section 1519. (c) Other Conforming Amendments.--Such title is further amended as follows: (1) Section 1341 is amended by striking subsection (b). (2) Section 1351 is amended by striking ``or the Mayor of the District of Columbia, as the case may be,''. (3) Section 1513(a) and section 1514(a) are each amended by striking ``the United States International Trade Commission, or the District of Columbia government'' and inserting ``or the United States International Trade Commission''. (4) Section 1517(b) is amended by striking ``or the Mayor of the District of Columbia, as the case may be,''. (d) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. SEC. 5. OTHER CONFORMING AMENDMENTS TO HOME RULE ACT RELATING TO CHANGES IN FEDERAL ROLE IN BUDGET PROCESS. (a) Federal Authority Over Budget-Making Process.--Section 603(a) of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official Code) is amended by inserting before the period at the end the following: ``for a fiscal year which is a control year''. (b) Restrictions Applicable During Control Years.--Section 603(d) of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read as follows: ``(d) In the case of a fiscal year which is a control year, the Council may not approve, and the Mayor may not forward to the President, any budget which is not consistent with the financial plan and budget established for the fiscal year under subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. (c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C. Official Code) is amended to read as follows: ``(f) In this section, the term `control year' has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. (d) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. SEC. 6. OTHER CONFORMING AMENDMENTS RELATING TO FEDERALLY AUTHORIZED ADJUSTMENTS TO LOCAL APPROPRIATIONS. (a) Authority Granted by Federal Government To Increase Spending in Case of General Fund Surplus.--Section 816 of the Financial Services and General Government Appropriations Act, 2009 (sec. 47-369.01, D.C. Official Code), is amended by striking ``Beginning in fiscal year 2009 and each fiscal year thereafter,'' and inserting the following: ``With respect to fiscal years 2009 through 2013 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995),''. (b) Authority Granted by Federal Government To Increase Spending in Case of Increased Revenue Collections.--Section 817(a) of such Act (sec. 47-369.02(a), D.C. Official Code) is amended by striking ``Beginning in fiscal year 2009 and each fiscal year thereafter,'' and inserting the following: ``With respect to fiscal years 2009 through 2013 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995),''. (c) Authority Granted by Federal Government Regarding Use of Federally Mandated Reserve Funds.--Section 818 of such Act (sec. 47- 369.03, D.C. Official Code) is amended by striking ``Beginning in fiscal year 2009 and each fiscal year thereafter,'' and inserting the following: ``With respect to fiscal years 2009 through 2013 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995),''. | District of Columbia Budget Autonomy Act of 2013 - Amends the District of Columbia Home Rule Act to eliminate, with respect to each fiscal year that is not a control year, all federally-imposed mandates over the District of Columbia's: (1) local budget process, financial management, audits, and accountability requirements; and (2) short-term borrowing of money, with specified exceptions. Declares that the process by which the District develops and enacts the District government's budget for a fiscal year, the activities carried out regarding financial management of the District government, and the process and rules by which the District issues bonds or otherwise borrows money shall be established under laws enacted by the District. Provides that Acts adopting the District government's annual budget for FY2014 and succeeding non-control fiscal years shall take effect upon their prescribed dates. (Thus eliminates congressional review of such Acts). Repeals the federal cap on amounts the District may borrow (other than in a control year). Repeals the application of the Federal Anti-Deficiency Act to the District government. Makes conforming amendments to the Act. Makes conforming amendments to the Financial Services and General Government Appropriations Act, 2009. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Elections Act of 2008''. SEC. 2. REQUIRING BALLOTS USED IN FEDERAL ELECTIONS TO BE PROVIDED ONLY IN ENGLISH LANGUAGE. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. REQUIRING BALLOTS USED IN FEDERAL ELECTIONS TO BE PROVIDED ONLY IN ENGLISH LANGUAGE. ``(a) In General.--Except to the extent required under section 203 of the Voting Rights Act of 1965, all ballots and balloting material used with respect to an election for Federal office, including all voting information described in section 302(b), may be provided only in the English language. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''. (b) Conforming Amendments.-- (1) Contents of periodic election administration studies.-- Section 241 of such Act (42 U.S.C. 15381) is amended-- (A) in subsection (a)(1)-- (i) by striking ``voters, individuals'' and inserting ``voters and individuals'', and (ii) by striking ``, and voters with limited proficiency in the English language''; (B) in subsection (b)(5)-- (i) by striking ``impaired), Native American'' and inserting ``impaired) and Native American'', and (ii) by striking ``, and voters with limited proficiency in the English language''; and (C) by striking subsection (b)(14). (2) Enforcement of requirement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``, 303, and 303A''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following: ``303A. Requiring ballots used in Federal elections to be provided only in English language.''. SEC. 3. BILINGUAL ELECTION REQUIREMENTS FOR CERTAIN POLITICAL SUBDIVISIONS WITH POPULATIONS OF AMERICAN INDIANS OR ALASKA NATIVES. Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is amended to read as follows: ``bilingual election requirements for certain political subdivisions with populations of american indians or alaska natives ``Sec. 203. (a) Basis for Requirement.--The Congress finds that Native American dialect translations should be provided in voting materials because the languages of Native Americans and Native Alaskans predate the establishment of the United States. ``(b) Bilingual Voting Materials Requirement.-- ``(1) Generally.--Before August 6, 2032, no covered political subdivision of a State shall provide voting materials only in the English language. ``(2) Covered political subdivisions.--A political subdivision is a covered political subdivision for the purposes of this subsection if the Director of the Census determines, based on the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data, that-- ``(A) the political subdivision contains all or any part of an Indian reservation and more than 5 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a single language minority and are limited-English proficient; and ``(B) the illiteracy rate of the citizens in the language minority as a group is higher than the national illiteracy rate. ``(3) Definitions.--As used in this section-- ``(A) the term `language minorities' means persons who are American Indian or Alaskan Natives; ``(B) the term `voting materials' means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots; ``(C) the term `limited-English proficient' means unable to speak or understand English adequately enough to participate in the electoral process; ``(D) the term `Indian reservation' means any area that is an American Indian or Alaska Native area, as defined by the Census Bureau for the purposes of the 1990 decennial census; ``(E) the term `citizens' means citizens of the United States; and ``(F) the term `illiteracy' means the failure to complete the 5th primary grade. ``(4) Special rule.--The determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court. ``(c) English and Non-English Versions.--Whenever any political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. However, where the language is historically unwritten, the political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. ``(d) Declaratory Judgment.--Any political subdivision subject to the prohibition of subsection (b) of this section, which seeks to provide English-only registration or voting materials or information, including ballots, may file an action against the United States in the United States District Court for a declaratory judgment permitting such provision. The court shall grant the requested relief if it determines that the illiteracy rate of the applicable language minority group within the political subdivision is equal to or less than the national illiteracy rate.''. | American Elections Act of 2008 - Amends the Help America Vote Act of 2002 to require, except as provided for under this Act, that all ballots and balloting material used in federal elections be only in the English language. Amends the Voting Rights Act of 1965 to revise the requirement that certain jurisdictions provide ballots and other voting materials in languages other than English. Restricts such requirement to certain political subdivisions with populations of American Indians or Alaska Natives. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commodity Prices Oversight and Transparency Act of 2008''. SEC. 2. SENSE OF THE HOUSE ON ADDITIONAL FUNDING FOR COMMISSION. (a) Findings.--The House of Representatives finds that-- (1) the Commodity Futures Trading Commission should further examine whether speculators are manipulating futures market prices to cause artificial prices that do not reflect the legitimate forces of supply and demand; (2) the public is concerned that trades executed on foreign boards of trade when linked to the prices of contracts traded on U.S. registered entities may need additional oversight; (3) the exclusive Federal regulator of commodity futures markets, the Commodity Futures Trading Commission, has staffing levels that have dropped to the lowest levels in the 33-year history of the Commission; and (4) the acting Chairman of the Commission has said publicly that an additional 100 employees are needed in light of the inflow of trading volume. (b) Sense of the House.--It is the sense of the House of Representatives that the President should immediately send to Congress a request for additional appropriations for fiscal year 2008 for the Commodity Futures Trading Commission in an amount that is sufficient-- (1) to help restore public confidence in commodity futures markets and Federal oversight of those markets; (2) to allow the Commission to reduce the potential threat of market manipulation or congestion by potential imposition of position limitations for speculators should the Commission determine the absence of position limitations for speculators is causing an increase in the price of oil, gasoline, diesel, and other energy commodities; (3) to significantly improve the information technology capabilities of the Commission to help the Commission effectively regulate the commodity futures markets; and (4) to fund at least 100 new full-time positions at the Commission to regulate commodity futures market transactions and to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.). SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED ENFORCEMENT. Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is amended by adding at the end the following: ``(D) Additional employees.--Contingent on sufficient appropriations, as soon as practicable after the date of enactment of this subparagraph, the Commission shall appoint additional full-time employees (in addition to the employees employed by the Commission as of the date of enactment of this subparagraph)-- ``(i) to increase the public transparency of operations in commodity futures markets; ``(ii) to improve the enforcement of this Act in those markets; and ``(iii) to carry out such other duties as are prescribed by the Commission.''. SEC. 4. ACCOUNTABILITY AND TRANSPARENCY FOR CONTRACTS TRADING ON FOREIGN BOARDS OF TRADE. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by adding at the end the following: ``(e) Foreign Boards of Trade.-- ``(1) Whenever a foreign board of trade lists for trading a contract of sale of a commodity for future delivery (or related option) which, by its terms, settles against the price of any contract or contracts traded on a registered entity and the Commission determines that it is necessary or appropriate to enhance and coordinate market surveillance and regulatory oversight with respect to trading on the registered entity and the foreign board of trade, the Commission shall contact the foreign board of trade's applicable foreign futures authority to discuss, adopt, and implement mutually acceptable, enhanced procedures and processes for preventing market manipulation or congestion and ensuring coordinated market surveillance. ``(2) Whenever a registered entity lists for trading a contract of sale of a commodity for future delivery (or related option) which, by its terms, settles against the price of any contract or contracts in a commodity traded on a foreign board of trade and the foreign futures authority that regulates such foreign board of trade determines that it is necessary or appropriate to enhance and coordinate market surveillance and regulatory oversight with respect to trading on the registered entity and the foreign board of trade, the Commission shall cooperate with any reasonable request from the foreign futures authority to discuss, adopt, and implement mutually acceptable, enhanced procedures and processes for preventing market manipulation or congestion and ensuring coordinated market surveillance. ``(3) When it is determined necessary or appropriate to enhance and coordinate market surveillance and regulatory oversight under paragraphs (1) or (2) of this subsection, the Commission shall discuss with the applicable foreign futures authority whether, among other processes for preventing market manipulation or congestion and ensuring coordinated market surveillance to be agreed to by the Commission and the foreign futures authority, it is necessary and appropriate to provide for-- ``(A) a foreign board of trade or registered entity to make public daily information on settlement prices, volume, open interest, and opening and closing ranges for the agreement, contract or transaction that is comparable to the daily trading information made public for the contract against which it settles; ``(B) position limitations (including provisions allowing for exemptions for bona fide hedging transactions or positions) or position accountability for speculators for the agreement, contract, or transaction that are comparable to the position limitations (including provisions allowing for exemptions for bona fide hedging transactions or positions) or position accountability for the contract or contracts against which it settles; ``(C) the foreign board of trade (or its foreign futures authority) or registered entity to provide information to the Commission or foreign futures authority regarding large trader positions in the agreement, contract, or transaction that is comparable to the large trader position information collected by the foreign futures authority or Commission for the contract or contracts against which it settles; or ``(D) the foreign board of trade or registered entity to provide information to the Commission or foreign futures authority regarding the extent of trading by bona fide hedgers and other types of traders in the agreement, contract, or transaction that is comparable to the information collected by the foreign futures authority or Commission for the contract or contracts against which it settles.''. SEC. 5. LIABLITY OF REGISTERED PERSONS TRADING ON A FOREIGN BOARD OF TRADE. (a) Section 4(a) of the Commodity Exchange Act (7 U.S.C. 6(a)) is amended by inserting ``or by subsection (f)'' after the phrase ``Unless exempted by the Commission pursuant to subsection (c)''. (b) Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is further amended by adding at the end the following: ``(f) No person registered with the Commission, or exempt from registration by the Commission, under this Act may be found to violate subsection (a) if such person has reason to believe the contract of sale of a commodity for future delivery is made on or subject to the rules of a board of trade that is legally organized under the laws of a foreign country, authorized to act as a board of trade by a foreign futures authority, subject to regulation by such foreign futures authority, and has not been determined by the Commission to be operating in violation of subsection (a).''. SEC. 6. CONTRACT ENFORCEMENT FOR FOREIGN FUTURES CONTRACTS. Section 22(a) of the Commodity Exchange Act (7 U.S.C. 25(a)) is amended by adding at the end the following: ``(5) No contract of sale of a commodity for future delivery traded or executed on or through the facilities of a board of trade, exchange, or market located outside the United States for purposes of section 4(a) shall be void, voidable, or unenforceable and no party to such contract shall be entitled to rescind or recover any payments made with respect to such contract based upon the failure of the foreign board of trade to comply with any provision of this Act.''. SEC. 7. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN COMMODITY MARKETS. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is further amended by adding at the end the following: ``(g) Index Traders and Swap Dealers; Disaggregation of Index Funds.-- ``(1) Reporting.--The Commission shall-- ``(A) issue a proposed rule regarding routine reporting requirements for index traders and swap dealers (as those terms are defined by the Commission) in futures markets for exempt and agricultural commodities not later than 180 days after the date of enactment of this subsection, and issue a final rule regarding such reporting not later than 270 days after the date of enactment of this subsection; and ``(B) subject to the provisions of section 8, disaggregate and make public monthly information on the positions and value of index funds and other passive positions (as that term is defined by the Commission) where such positions are material to a commodity futures or options markets. ``(2) Report.--The Commission shall, at such intervals as the Commission determines necessary to provide current information and recommendations that will further congressional oversight of the futures markets, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate regarding-- ``(A) the scope of commodity index trading in the futures market; ``(B) whether, and if so how, classification of index traders and swap dealers in the future markets can be improved for published Commission reports and other regulatory purposes; and ``(C) whether, based on review of the trading practices for index traders in the futures markets-- ``(i) index trading activity is adversely affecting the price discovery process in the futures markets; and ``(ii) different practices and controls should be required to protect the price discovery process.''. | Commodity Prices Oversight and Transparency Act of 2008 - Expresses the sense of the House of Representatives that the President should immediately send to Congress a request for additional appropriations for FY2008 for the Commodity Futures Trading Commission (CFTC) to: (1) help restore public confidence in commodity futures markets and federal oversight of those markets; (2) allow the CFTC to reduce the potential threat of market manipulation or congestion by potential imposition of position limitations for speculators should the CFTC determine the absence of position limitations for speculators is causing an increase in the price of oil, gasoline, diesel, and other energy commodities; (3) improve its information technology capabilities significantly; and (4) fund at least 100 new full-time positions to regulate such markets. Amends the Commodity Exchange Act (Act) to direct the CFTC to appoint additional full-time employees. Directs the CFTC to take specified steps to enforce and promote accountability and transparency for contracts trading on foreign boards of trade. Shields from liability certain persons trading on a legally organized foreign board of trade. States that no contract of sale of a commodity for future delivery transacted through the facilities of a board of trade, exchange, or market located outside the United States shall be void, voidable, or unenforceable, and no party to such contract shall be entitled to rescind or recover any payments made with respect to such contract based upon the noncompliance of the foreign board of trade with such Act. Requires the CFTC to: (1) issue a proposed rule governing reporting requirements for index traders and swap dealers in futures markets for exempt and agricultural commodities; (2) disaggregate and make public monthly information on the positions and value of index funds and other passive positions material to a commodity futures or options markets; and (3) report to certain congressional committees on the scope of commodity index trading in the futures market, including whether such trading adversely affects price discovery in the futures markets. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Heroes' Homeownership Assistance Act of 2008''. SEC. 2. QUALIFIED SERVICE MEMBER HOMEBUYER CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. QUALIFIED SERVICE MEMBER HOMEBUYER CREDIT. ``(a) Allowance of Credit.--In the case of a qualified service member, or such service member's surviving spouse, who purchases a principal residence, there shall be allowed to the taxpayer a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of such residence. ``(b) Limitations.-- ``(1) In general.--Except as otherwise provided in this paragraph, the credit allowed under subsection (a) shall not exceed $7,500. ``(2) Married individuals filing separately.--In the case of a married individual filing a separate return, paragraph (1) shall be applied by substituting `$3,750' for `$7,500'. ``(3) Other individuals.--If two or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such a manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $7,500. ``(4) One-time only.--If an individual receives a credit under subsection (a) for the purchase of a principal residence, such individual shall not be allowed a credit under subsection (a) with respect to the purchase of any other principal residence. The preceding sentence shall not apply to a principal residence with respect to which a credit is allowed under subsection (a) and to which subsection (e)(1) applies. ``(c) Definitions.-- ``(1) Qualified service member.--The term `qualified service member' means a current or former service member who performs duty in a combat zone between the years 2001 and 2010. ``(2) Service member.--The term `service member' means a member of the uniformed services (as defined in section 101(a)(5) of title 10, United States Code). ``(3) Combat zone.--The term `combat zone' has the meaning given such term by section 112(c)(2). ``(4) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(5) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring it, and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or part by reference to the adjusted basis of such property in the hands of the person from whom acquired it, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies the residence. ``(6) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(7) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants). ``(d) Exceptions.--No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if-- ``(1) the residence is financed by the proceeds of a qualified mortgage issue, the interest on which is exempt from tax under section 103, ``(2) the taxpayer is a nonresident alien, or ``(3) the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. ``(e) Recapture of Credit.-- ``(1) In general.--Except as otherwise provided in this subsection, if a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer) before the end of the recapture period, the taxpayer shall take into gross income an amount equal to one half the credit allowed under subsection (a) in the first taxable year following such disposal or cessation and one half in the second taxable year following such disposal or cessation. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the recapture period in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Acquisition of new principal residence.-- Paragraph (1) shall not apply if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition. Paragraph (1) shall apply to such new principal residence during the recapture period in the same manner as if such new principal residence were the disposed residence. ``(3) Recapture period.--For purposes of this subsection, the term `recapture period' means the taxable year following the taxable year for which a credit is allowed under subsection (a). ``(4) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(f) Application of Section.--This section shall only apply to principal residences purchased by the taxpayer before January 1, 2011.''. (b) Conforming Amendments.-- (1) Section 26(b)(2) of such Code is amended by striking ``and'' at the end of subparagraph (U), by striking the period and inserting ``, and'' at the end of paragraph (V), and by inserting after subparagraph (V) the following new subparagraph: ``(W) section 36(e) (relating to recapture of qualified service member homebuyer credit).''. (2) Section 6211(b)(4)(A) of such Code is amended by striking ``34'' and all that follows through ``6428'' and inserting ``34, 35, 36, 53(e), and 6428''. (3) Section 1324(b)(2) of title 31, United States Code, is amended by inserting``, 36'' after ``section 35''. (4) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting before such item the following new item: ``Sec. 36. Qualified Service Member Homebuyer Credit.''. (c) Effective Date.--The amendments made by this section shall apply to principal residences purchased by the taxpayer on or after the date of enactment of this Act. | American Heroes' Homeownership Assistance Act of 2008 - Amends the Internal Revenue Code to allow current or former members of the Uniformed Services who perform duty in a combat zone between 2001 and 2010, or their surviving spouses, a one-time tax credit for 10% of the purchase price of a principal residence, up to $7,500. Limits such credit to residences purchased before January 1, 2011. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Hypertension Research and Education Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Pulmonary hypertension is a serious and often fatal condition where the blood pressure in the lungs rises to dangerously high levels. In pulmonary hypertension patients, the walls of the arteries that take blood from the right side of the heart to the lungs thicken and constrict. As a result, the right side of the heart has to pump harder to move blood into the lungs, causing it to enlarge and ultimately fail. (2) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in pulmonary hypertension must be expanded, and collaboration among top pulmonary hypertension research centers must be increased. (3) Pulmonary hypertension remains a difficult diagnosis and is rarely picked up in a routine medical examination. Even in its later stages, the signs of the disease can be confused with other conditions affecting the heart and lungs. The use of new diagnostic standards has been positively related to the rates of diagnosis. (4) In the more advanced stages of pulmonary hypertension, the patient is able to perform only minimal activity and has symptoms even when resting, resulting in considerable disability. The disease may worsen to the point where the patient is completely bedridden. (5) In 1981, the National Heart, Lung, and Blood Institute established the first pulmonary hypertension patient registry in the world. The registry followed 194 people with pulmonary hypertension over a period of at least one year and, in some cases, more than seven years. Much of what is known about the illness today stems from this study. (6) Because the cause of pulmonary hypertension is still not fully understood and there is still not a cure for pulmonary hypertension, basic research studies are focusing on the possible involvement of immunologic and genetic factors in the cause and progression of pulmonary hypertension, looking at agents that cause narrowing of the pulmonary blood vessels, and identifying factors that cause growth of endothelial and smooth muscle cells, and formation of scar tissue in the vessel walls. (7) As research progresses, so do treatments for pulmonary hypertension. Currently, there are six FDA-approved medications for pulmonary hypertension and several more in trials. However, not all medications are effective in all patients. In addition, all pulmonary hypertension treatments have significant negative side effects that impact patients' quality of life. Lung transplantation is often considered a treatment of last resort for pulmonary hypertension. (8) The number of physicians who treat pulmonary hypertension, and the number of pulmonary hypertension patients receiving treatment, has grown exponentially over the past decade, leading to the need for increased education of medical professionals. In 2001, there were 100 identified physicians treating pulmonary hypertension, and 3,000 patients receiving treatment. In 2006, there were an estimated 3,000 such physicians and 30,000 such patients. While pulmonary hypertension treatment now includes the option of relatively easy to administer oral therapies, effective management of pulmonary hypertension remains complicated. Given the increase in the number of physicians treating pulmonary hypertension, education of medical professionals about pulmonary hypertension management is critical to ensure optimal patient care. (9) In December 2006, the National Heart, Lung, and Blood Institute hosted a landmark meeting of pulmonary hypertension researchers and clinicians throughout the world. Over 500 individuals attended, making this the largest such meeting organized by a Federal department for this disease. During the meeting, there was clear consensus that communication among researchers is key to future advancement in the fight against this devastating and expensive disease. SEC. 3. PULMONARY HYPERTENSION CLINICAL RESEARCH NETWORK; EXPANSION OF PULMONARY HYPERTENSION RESEARCH AND TRAINING. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``pulmonary hypertension ``Sec. 424C. ``(a) In General.--The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension. ``(b) Establishment of Pulmonary Hypertension Clinical Research Network.-- ``(1) Not later than one year after the date of the enactment of this section, the Director of the Institute shall establish a Pulmonary Hypertension Clinical Research Network (in this section referred to as the `network'). The purpose of the network shall be to conduct multiple clinical trials to evaluate new treatment approaches for pulmonary hypertension and facilitate collaboration among investigators with expertise in pulmonary hypertension. The network shall consist of the following: ``(A) No fewer than 15 clinical centers designated by the Director. ``(B) An institute project scientist, as defined and appointed by the Director. ``(C) A data and coordinating center, as defined and appointed by the Director. ``(D) A data and safety monitoring board, as defined and appointed by the Director. ``(E) A steering committee comprised of the principal investigators from each clinical center described under subparagraph (A), the data and coordinating center described in subparagraph (C), and the institute project scientist described in subparagraph (B). ``(F) An independent protocol review committee, as defined and appointed by the Director. ``(2) Steering committee.--The steering committee described in paragraph (1)(E) shall determine the specific clinical trials to be performed under this section, establish standards for subject selection and characterization for such trials, develop detailed protocols for such trials, and analyze and publish the results of such trials. Possible clinical trials shall include: ``(A) Combination therapies for pulmonary hypertension. ``(B) New avenues of drug therapy based on recognized cellular defects in pulmonary hypertension that are not impacted by current treatment. ``(C) Use of endothelial progenitor cells for replacement of abnormal pulmonary vascular cells in pulmonary hypertension. ``(D) Discovery of treatment effects which are most predictive of long-term outcome. ``(3) Program management; appointments.-- ``(A) In general.--The Institute shall be responsible for organizing and providing support for the network. ``(B) Institute project scientist.--The institute project scientist appointed under paragraph (1)(B) shall-- ``(i) monitor the recruitment of subjects for the trials and the progress of the trials; ``(ii) ensure disclosure of conflicts of interest and adherence of the conduct of the clinical trials to the policies of the Institute; and ``(iii) conduct, with the institute grants management specialist described in subparagraph (C), the fiscal management of the network. ``(C) Institute management specialist.--An institute grants management specialist (as defined and appointed by the Director) shall assist the institute project scientist in conducting the fiscal management of the network under subparagraph (B)(iii). ``(D) Additional appointments.--The Director shall appoint the Chair of the steering committee described in paragraph (1)(E) and all members of the protocol review committee under paragraph (1)(F) and the data safety monitoring board under paragraph (1)(D). ``(c) Pulmonary Hypertension Preceptorship and Training Program.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Director of the Institute shall carry out a grant program under which the Director makes a grant to (or enters into a contract with) a national nonprofit entity with expertise in pulmonary hypertension to establish and administer a national Pulmonary Hypertension Preceptorship and Training Program (in this section referred to as the `program'). ``(2) Purpose.--The program shall facilitate the direct education and training of medical professionals (including cardiologists, pulmonologists, rheumatologists, and primary care physicians) by experienced pulmonary hypertension specialists in clinical settings. The purpose of the program is to increase the number of physicians in the United States trained to effectively diagnosis, treat, and manage pulmonary hypertension. ``(3) Regional training sites.--To carry out the purpose of the program described in paragraph (2), the entity awarded the grant (or contract) under paragraph (1) shall under the program facilitate the creation of no fewer than five regional training sites across the United States at academic health centers, hospitals, or private medical practices recognized for their expertise in pulmonary hypertension. ``(4) Regional site contacts.--Under the program-- ``(A) each regional training site shall identify a site contact; and ``(B) the Director shall specify a percentage of the grant funds required to be allocated for purposes of providing each such site contact with a stipend. ``(5) Participant recruitment and program guidelines.--The nonprofit entity awarded the grant (or contract) under paragraph (1) shall establish mechanisms for identifying and enrolling interested health professionals in the program. The nonprofit entity shall also work with the regional training sites under paragraph (3) and the Institute to establish model guidelines for the program. ``(d) 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 2009 through 2012.''. SEC. 4. INCREASING PUBLIC AWARENESS OF PULMONARY HYPERTENSION. (a) Pulmonary Hypertension 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 pulmonary hypertension, including materials on-- (1) basic information on pulmonary hypertension and its symptoms; (2) the incidence and prevalence of pulmonary hypertension; (3) diseases and conditions that can lead to pulmonary hypertension as a secondary diagnosis; (4) the importance of early diagnosis; and (5) the availability, as medically appropriate, of a range of treatment options and pulmonary hypertension. (b) Dissemination of Information.--The Secretary of Health and Human Services shall disseminate information under subsection (a) through arrangements with a national non-profit entity with expertise in pulmonary hypertension. (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 2009 through 2012. SEC. 5. DISSEMINATION OF INFORMATION TO HEALTH PROFESSIONALS ON PULMONARY HYPERTENSION. (a) Dissemination of Information.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to health care providers information on pulmonary hypertension for the purpose of ensuring that providers remain informed about the disease, its presenting symptoms, and current treatment options. Such information shall include material on the warning signs of pulmonary hypertension, the importance of early diagnosis, diagnostic criteria, and therapies approved by the Food and Drug Administration for the disease. Such health care providers shall include cardiologists, pulmonologists, rheumatologists, primary care physicians, pediatricians, and nurse practitioners. (b) Dissemination of Information.--The Secretary of Health and Human Services shall disseminate information under subsection (a) through arrangements with a national non-profit entity with expertise in pulmonary hypertension. (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 2009 through 2012. SEC. 6 STUDY BY GOVERNMENT ACCOUNTABILITY OFFICE ON MEDICARE AND MEDICAID COVERAGE STANDARDS. (a) In General.--The Comptroller General of the United States shall conduct a study on the coverage standards that, under the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act, apply to individuals with pulmonary hypertension. The study shall detail coverage standards under such programs for all therapies approved by the Food and Drug Administration for the treatment of pulmonary hypertension. The study shall take into account appropriate outpatient or home health care delivery settings for delivery of such services. (b) Report.--Not later than six months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the findings of the study under subsection (a). | Pulmonary Hypertension Research and Education Act of 2007 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the Institute's pulmonary hypertension research activities. Requires the Director to establish a Pulmonary Hypertension Clinical Research Network to conduct clinical trials to evaluate new treatment approaches for pulmonary hypertension and facilitate collaboration among investigators with expertise in pulmonary hypertension. Directs the network to include: (1) a steering committee; and (2) an Institute project scientist. Provides for the establishment of a national Pulmonary Hypertension Preceptorship and Training Program to facilitate the direct education and training of medical professionals by experienced pulmonary hypertension specialists in clinical settings. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding pulmonary hypertension. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of CDC, to develop and disseminate to health care providers information on pulmonary hypertension to ensure that providers remain informed about the disease, its presenting symptoms, and current treatment options. Requires the Comptroller General to conduct a study on the coverage standards that apply to individuals with pulmonary hypertension under Medicare and Medicaid. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``School Breakfast Improvement Act of 2003''. SEC. 2. SEVERE NEED ASSISTANCE. Section 4(d)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(d)(2)) is amended-- (1) by striking ``100 percent'' and all that follows through ``food, or''; and (2) by striking ``, whichever is less''. SEC. 3. STARTUP AND EXPANSION GRANTS FOR SCHOOL BREAKFAST PROGRAMS. Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following: ``(f) Startup and Expansion Grants for School Breakfast Programs.-- ``(1) Definition of eligible school.--In this subsection, the term `eligible school' means-- ``(A) in the case of a startup grant, a school that agrees to operate the school breakfast program established with the assistance provided under this subsection for a period of not less than 3 years; and ``(B) in the case of an expansion grant, a school that has operated a school breakfast program established for a period of not less than 3 consecutive years. ``(2) Grants.--The Secretary shall make grants, on a competitive basis, to State educational agencies, in a total amount of not more than $10,000,000 for each fiscal year from funds made available to the Secretary, to assist eligible schools in initiating and expanding school breakfast programs, of which not less than $7,000,000 for each fiscal year shall be used for expansion grants. ``(3) Uses.--A State educational agency shall use grants made available under this subsection to assist eligible schools, during the first school year eligible schools initiate or expand school breakfast programs, with expenses incurred in initiating or expanding school breakfast programs. ``(4) Supplementary funds.--A grant under this subsection shall supplement any payment to which a State educational agency is entitled under subsection (b). ``(5) Plan.--To be eligible to receive a grant under this subsection, a State educational agency shall submit to the Secretary a plan to initiate or expand school breakfast programs conducted in the State, including a description of the manner in which the State educational agency shall provide technical assistance and funding to eligible schools in the State to initiate or expand the programs. ``(6) State educational agency preferences for startup grants.--In making a grant under this subsection for a fiscal year to initiate a school breakfast program, the Secretary shall give preference to a State educational agency that-- ``(A) has not more than 60 percent of schools in the State that are participating in the school lunch program also participating in the school breakfast program; or ``(B) has not more than 35 percent of the students in the State receiving free or reduced price lunch also receiving free or reduced price breakfasts. ``(7) Reallocation.--The Secretary shall act in a timely manner to recover and reallocate to other State educational agencies or States any amount made available to a State educational agency or State under this subsection that is not used by the agency or State within a reasonable period (as determined by the Secretary). ``(8) Application.--The Secretary shall allow application by State educational agencies on an annual basis for grants under this subsection. ``(9) Preferences by state educational agencies and states.--In allocating funds within the State, each State educational agency shall give preference for assistance under this subsection to an eligible school that demonstrates the greatest need for assistance to initiate or expand a school breakfast program, as determined by the State educational agency. ``(10) Maintenance of effort.--The expenditure of funds from State and local sources for the maintenance of the school breakfast program shall not be diminished as a result of grants made available under this subsection.''. SEC. 4. COMMODITY ASSISTANCE FOR SCHOOL BREAKFAST PROGRAM. Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Commodity Assistance for School Lunch and Breakfast Programs.--Not later than September 30 of the following school year, the Secretary shall deliver to each State participating in-- ``(1) the school lunch program established under this Act, commodities valued at the total level of assistance authorized under subsection (c) for each school year for the school lunch program in the State; and ``(2) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), commodities valued at the total level of assistance authorized under subsection (d) for each school year for the school breakfast program in the State.''; and (2) by striking subsection (d) and inserting the following: ``(d) Value of Donated Foods for School Breakfast Program.-- ``(1) In general.--Subject to paragraph (2), in the case of the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the value of donated foods shall be 5 cents. ``(2) Adjustment.-- ``(A) In general.--The value of donated foods under paragraph (1) shall be adjusted on July 1, 2004, and each July 1 thereafter, to reflect changes in the Price Index for Food Used in Schools and Institutions. ``(B) Food components.-- ``(i) In general.--The Index shall be computed using 5 major food components of the Producer Price Index of the Bureau of Labor Statistics (cereal and bakery products, meats, poultry and fish, dairy products, processed fruits and vegetables, and fats and oils). ``(ii) Weighting.--Each component shall be weighed using the same relative weight as determined by the Bureau of Labor Statistics. ``(C) Time period.--The value of food assistance for each meal shall be adjusted each July 1 by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. ``(D) Rounding.--The adjustment shall be computed to the nearest \1/4\ cent. ``(3) Calculation.-- ``(A) In general.--Subject to subparagraph (B), for each school year, the total amount of commodity assistance, or cash in lieu of commodity assistance, available to a State for the school breakfast program shall be the product obtained by multiplying-- ``(i) the number of breakfasts served in the preceding school year; by ``(ii) the rate established under paragraphs (1) and (2). ``(B) Reconciliation.--After the end of each school year, the Secretary shall-- ``(i) reconcile the number of breakfasts served by schools in each State with the number of breakfasts served by schools in each State during the preceding school year; and ``(ii) increase or reduce subsequent commodity assistance, or cash in lieu of commodity assistance, provided to each State based on the reconciliation.''. SEC. 5. UNIVERSAL SCHOOL BREAKFAST PILOT PROJECTS. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by added at the end the following: ``(h) Universal School Breakfast Pilot Projects.-- ``(1) In general.--The Secretary shall make grants to State agencies to conduct pilot projects in high schools under the jurisdiction of not more than 6 school food authorities approved by the Secretary to provide free breakfasts to high school students, without regard to family income. ``(2) Nominations.--A State agency that seeks a grant under this subsection shall submit to the Secretary nominations of school food authorities to participate in a pilot project under this subsection. ``(3) Approval.--The Secretary shall approve for participation in pilot projects under this subsection high schools under the jurisdiction of not more than 6 nominated school food authorities selected so as to-- ``(A) target the pilot projects toward school food authorities that have-- ``(i) the highest percentage of students eligible for free or reduced price meals under the school lunch or breakfast program; and ``(ii) the lowest percentage of students that receive free or reduced price meals under the school lunch or breakfast program; and ``(B) provide for an equitable distribution of pilot projects among urban and rural high schools. ``(4) Grants to school food authorities.--A State agency receiving a grant under paragraph (1) shall make grants to school food authorities to conduct the pilot projects described in paragraph (1). ``(5) Duration of pilot projects.--Subject to the availability of funds made available to carry out this subsection, a school food authority receiving amounts under a grant to conduct a pilot project described in paragraph (1) shall conduct the project during a period of 3 successive school years. ``(6) Waiver authority.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary may waive the requirements of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of meals, applications for eligibility, and related requirements that would preclude the Secretary from making a grant to conduct a pilot project under paragraph (1). ``(B) Nonwaivable requirements.--The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a potential program participant, or a school from receiving all of the benefits and protections of this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a Federal law (including a regulation) that protects an individual constitutional right or a statutory civil right. ``(7) Requirements for participation in pilot project.--To be eligible to participate in a pilot project under this subsection-- ``(A) a State agency-- ``(i) shall submit an application to the Secretary at such time and in such manner as the Secretary shall establish to meet criteria the Secretary has established to enable a valid evaluation to be conducted; and ``(ii) shall provide such information relating to the operation and results of the pilot project as the Secretary may reasonably require; and ``(B) a school food authority-- ``(i) shall agree to serve all breakfasts at no charge to all high school students enrolled in participating high schools; ``(ii) shall not have a history of violations of this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(iii) shall agree to use innovative methods for making breakfasts available to eligible students, such as making breakfasts available to students after the beginning of the academic day or using alternative breakfast delivery and marketing methods; and ``(iv) shall meet all other requirements that the Secretary may reasonably require. ``(8) Reports.--The Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to Congress an interim and final report on the status of the pilot projects. ``(9) Reimbursement.-- ``(A) In general.--Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive a total Federal reimbursement under the school breakfast program in an amount that is equal to the total Federal reimbursement for the school for the prior year under the program (adjusted to reflect changes in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor and adjusted for fluctuations in enrollment). ``(B) Excess needs.--Funds required for the pilot project in excess of the level of reimbursement received by the school for the prior year (adjusted to reflect changes described in subparagraph (A) and adjusted for fluctuations in enrollment) may be taken from any non-Federal source or from amounts provided under this subsection. ``(10) Funding.-- ``(A) In general.--On October 1, 2003, and on each October 1 thereafter through October 1, 2005, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture funds to carry out this subsection. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2003. | School Breakfast Improvement Act of 2003 - Amends the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NLSA) to revise requirements for the school breakfast program. Revises severe need assistance under CNA to provide that eligible schools are entitled to receive a specified meal reimbursement rate (eliminating an alternative lesser payment of the operating costs of the breakfast program). Directs the Secretary of Agriculture, under CNA, to make competitive startup and expansion grants to State educational agencies to assist eligible schools in initiating and expanding school breakfast programs. Provides for commodity assistance for the school breakfast program (in addition to current provisions for commodity assistance for the school lunch program under NLSA). Directs the Secretary, under NLSA, to make grants to State agencies for pilot projects to provide free breakfasts to high school students, without regard to family income. Requires the Secretary to approve for project participation high schools under the jurisdiction of up to six nominated school food authorities selected so as to: (1) target projects toward such authorities that have the highest percentage of students eligible for free or reduced price meals under the school lunch or breakfast program and the lowest percentage of students that receive such meals; and (2) equitably distribute projects among urban and rural high schools. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Eating Well Act'' or the ``CHEW Act''. SEC. 2. DEFINITIONS. In this Act: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Programs to promote healthy eating and nutrition education.--The term ``programs to promote healthy eating and nutrition education''-- (A) means programs that-- (i) increase a student's ability to recognize, choose, and consume healthy foods; (ii) comprehensively reflect the number of influences on healthy eating that impact a student; (iii) provide the education a student will need to make healthy eating decisions as an adult; and (iv) use-- (I) nutritional materials and methods that are scientifically sound and developmentally appropriate; and (II) nutritional materials that are supported by 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); and (B) includes professional development programs for teachers, school staff, and food service workers to allow them to teach healthy eating and nutrition effectively and to promote a healthy school culture. SEC. 3. PROGRAMS TO PROMOTE HEALTHY EATING AND NUTRITION EDUCATION. (a) Local Educational Agency Requirements.-- (1) In general.--Each local educational agency that receives assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) shall, as a condition of receiving such assistance-- (A) develop and implement programs to promote healthy eating and nutrition education for all schools served by the local educational agency, which may include-- (i) integrating programs to promote healthy eating and nutrition education into various times of the school day and locations within schools; (ii) the use and distribution of educational materials, lessons, programs, and other activities that emphasize-- (I) knowledge and appreciation of a variety of healthy foods, particularly fresh fruits and vegetables; (II) a balanced approach to a healthy diet and lifestyle; (III) the integration of healthy eating with physical activity to maximize health; and (iii) a variety of healthy eating and wellness activities that improve student knowledge and skills related to healthy eating and nutrition and do not emphasize child weight or weight loss; and (B) periodically monitor schools' efforts in improving nutrition understanding and healthy eating among students. (2) Development.--A local educational agency subject to paragraph (1) shall consult multiple viewpoints in developing and implementing programs to promote healthy eating and nutrition education, which may include-- (A) consulting with families, students, school officials, and other interested community members in order to develop programs to promote healthy eating and nutrition education; (B) working with organizations with nutrition education expertise, such as institutions of higher education, hospitals, cooperative extension offices, State and local health departments, the Society for Nutrition Education and Behavior, community organizations, farm groups, and others, for guidance in developing the programs to promote healthy eating and nutrition education and for assistance in implementing and evaluating such programs; (C) working with applicable government authorities, including Team Nutrition of the Food and Nutrition Service of the Department of Agriculture and State agencies delivering services under the nutrition education and obesity prevention grant program established under section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a), for technical assistance in designing programs to promote healthy eating and nutrition education for the schools; (D) working with district and school wellness councils or other school health advisory groups in developing, implementing, and evaluating programs to promote healthy eating and nutrition education; (E) integrating programs to promote healthy eating and nutrition education with the local school wellness policy required under section 9A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758b); and (F) providing professional development that includes nutrition education to staff members of the local educational agency. (b) State Requirements.--Each State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) shall submit to the Secretary of Education a periodic report regarding programs to promote healthy eating and nutrition education in the State that includes a summary of the nutrition education monitoring data collected from each local educational agency under subsection (a)(1)(B). (c) Task Force.--The Secretary of Education, Secretary of Agriculture, and the Secretary of Health and Human Services shall establish an inter-agency task force to review nutrition education curricula and recommend effective nutrition education programs for elementary schools and secondary schools. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2019. | Children Eating Well Act or the CHEW Act - Requires each local educational agency (LEA) participating in the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to: (1) develop and implement healthy eating and nutrition education programs in its schools, and (2) periodically monitor schools' efforts to improve students' healthy eating and nutritive knowledge. Requires LEAs to consult multiple viewpoints in developing and implementing the healthy eating and nutrition education programs. Includes professional development for teachers, school staff, and food service workers as part of those programs. Directs the Secretary of Education, Secretary of Agriculture, and Secretary of Health and Human Services (HHS) to establish an inter-agency task force to review nutrition education curricula and recommend effective nutrition education programs for elementary and secondary schools. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Theft Prevention Act of 2016''. SEC. 2. SMART PHONE THEFT PREVENTION. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. SMART PHONE THEFT PREVENTION. ``(a) Provision of Service on Stolen Smart Phone.-- ``(1) Prohibition.--A provider of commercial mobile service or commercial mobile data service may not knowingly provide service on a smart phone that-- ``(A) has been reported to such provider as stolen by an authorized user of such phone; or ``(B) is listed as stolen on the Central Equipment Identity Register. ``(2) Reporting by service providers.--A provider of commercial mobile service or commercial mobile data service to which a smart phone is reported stolen by an authorized user of such phone as described in paragraph (1)(A) shall transmit to the Central Equipment Identity Register a notification that such phone has been reported stolen. Such notification shall include such information as is required for the identification of such phone. ``(b) Anti-Theft Functionality; Mobile Device Identification Numbers.--A person may not manufacture for retail sale in the United States, or import into the United States for retail sale in the United States, a smart phone unless such phone is-- ``(1) equipped with pre-loaded anti-theft functionality at no additional cost to purchasers of such phone, or capable of downloading anti-theft functionality that is available at no additional cost to purchasers of such phone; and ``(2) equipped with a mobile device identification number. ``(c) Alteration or Removal of Mobile Device Identification Number; Prohibition of Sale of Stolen Smart Phones.-- ``(1) Prohibition.--It shall be unlawful to-- ``(A) knowingly remove, obliterate, tamper with, or alter the mobile device identification number of a smart phone; ``(B) knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in subparagraph (A); or ``(C) knowingly sell a smart phone for which the mobile device identification number is listed as stolen on the Central Equipment Identity Register. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. ``(d) Rules of Construction.-- ``(1) Additional technologies or services.--Nothing in this section prohibits a provider of commercial mobile service or commercial mobile data service, device manufacturer, or operating system provider from offering a technology or service in addition to the anti-theft functionality required by subsection (b)(1). ``(2) Emergency communications.--Nothing in this section requires the use of a technology that is incompatible with, or renders it impossible to comply with, Federal or State law with regard to-- ``(A) the provision of emergency services through the 9-1-1 system, including text-to-9-1-1, bounce-back messages, and location accuracy requirements; ``(B) participation in the Wireless Emergency Alerts system; or ``(C) participation in other Federal, State, or local emergency alert and public safety warning systems. ``(3) No private right of action.--Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulation promulgated under this section. ``(e) Definitions.--In this section: ``(1) Anti-theft functionality.--The term `anti-theft functionality' means, with respect to a smart phone, a functionality provided by the manufacturer or operating system provider that-- ``(A) once downloaded to the phone and initiated-- ``(i) has the capability, from a remote location-- ``(I) to render the essential features of the phone inoperable to a person who is not an authorized user; and ``(II) to delete from the phone the personal information of the authorized users, except for any information necessary to permit the capability described in subclause (I) to be reversed as required by clause (ii); and ``(ii) permits the capability described in clause (i)(I) to be reversed if an authorized user of the phone obtains possession of the phone after the essential features of the phone have been rendered inoperable by such capability; and ``(B) may be designed so as to allow an authorized user to opt out of implementing the capability described in subparagraph (A)(i). ``(2) Authorized user.--The term `authorized user' means, with respect to a smart phone-- ``(A) the person who holds the commercial mobile service or commercial mobile data service account for the phone; ``(B) if the phone is a phone for which particular amounts of service are purchased in advance, the person who owns the phone; or ``(C) any person who has been authorized by a person described in subparagraph (A) or (B) to use the phone. ``(3) Central equipment identity register.--The term `Central Equipment Identity Register' means the list of mobile device identification numbers that are associated with mobile devices that have been reported as lost, stolen, faulty, or otherwise unsuitable for use, and that is a part of the International Mobile Equipment Identity Database maintained by the GSM Association, or any equivalent or successor registry or database. ``(4) Commercial mobile data service.--The term `commercial mobile data service' has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401). ``(5) Commercial mobile service.--The term `commercial mobile service' has the meaning given such term in section 332. ``(6) Essential features.--The term `essential features' means, with respect to a smart phone, features that provide the capability for a user to use the phone for voice communications, text messaging, Internet browsing, and accessing and using software applications. Such term does not include the features that provide the capability to operate the anti-theft functionality or to use the phone for emergency communications. ``(7) Mobile device identification number.--The term `mobile device identification number' means an international mobile equipment identity number, a mobile equipment identifier, an electronic serial number, or any other number or signal that identifies a specific mobile device and has the same function and purposes as an international mobile equipment identity number or a mobile equipment identifier. ``(8) Smart phone.-- ``(A) In general.--The term `smart phone' means a hand-held mobile device that-- ``(i) possesses advanced computing capability; ``(ii) is designed to enable the user to engage in voice communications using commercial mobile service; ``(iii) is capable of operating on a long- term evolution network or successor wireless data network communication standards; and ``(iv) may possess capabilities that include built-in applications, Internet access, Internet browsing, digital voice service, text messaging, and e-mail. ``(B) Exclusions.--Such term does not include a phone that offers only a limited capability or set of capabilities (such as placing voice calls and sending text messages), a laptop computer, a tablet device, or a device that has only electronic reading capability.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), section 343 of the Communications Act of 1934, as added by subsection (a) of this section, shall apply beginning on the date that is 2 years after the date of the enactment of this Act. (2) Anti-theft functionality; mobile device identification numbers.--Subsection (b) of such section 343 shall apply with respect to a smart phone that is manufactured on or after the date that is 2 years after the date of the enactment of this Act. | Cell Phone Theft Prevention Act of 2016 This bill amends the Communications Act of 1934 to prohibit commercial mobile or data service providers from providing service on smart phones that: (1) have been reported to such provider as stolen by an authorized user, or (2) are listed as stolen on the Central Equipment Identity Register (CEIR). When a smart phone is reported stolen to a service provider, the provider must notify the CEIR with information necessary to identify the phone. Smart phones must be equipped with: (1) preloaded antitheft functionality at no additional cost to purchasers, or be capable of downloading such functionality at no cost; and (2) a mobile device identification number. A criminal penalty is established for anyone who violates prohibitions against: (1) removing, obliterating, tampering with, or altering a smart phone's mobile device identification number; (2) using, producing, trafficking in, having control or custody of, or possessing hardware or software, knowing it has been configured to engage in such identification number removal or alteration violations; or (3) selling a smart phone for which the identification number is listed as stolen on the CEIR. |
SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN AND USED AS SLAVE LABOR BY JAPANESE CORPORATIONS DURING WORLD WAR II. (a) Findings.--Congress makes the following findings: (1) During World War II, members of the United States Armed Forces fought valiantly against Japanese military forces in the Pacific. In particular, from December 1941 until May 1942, United States military personnel fought courageously against overwhelming Japanese military forces on Wake Island, Guam, the Philippine Islands, including the Bataan Peninsula and Corregidor, and the Dutch East Indies, thereby preventing Japan from accomplishing strategic objectives necessary for achieving a decisive military victory in the Pacific during World War II. (2) During initial military actions in the Philippines, United States troops were ordered to surrender on April 9, 1942, and were forced to march 65 miles to prison camps at Camp O'Donnell, Cabanatuan, and Bilibid. More than 10,000 Americans died during the march, known as the ``Bataan Death March'', and during subsequent imprisonment as a result of starvation, disease, and executions. (3) The treatment of members of the Armed Forces who were held as prisoners of war in the Pacific Theater during World War II was so egregious that more than 40 percent of the prisoners of war died while imprisoned. (4) Beginning in January 1942, the Japanese military began transporting United States prisoners of war to Japan, Taiwan, Manchuria, and Korea to perform slave labor to support Japanese war industries. Many of the unmarked merchant vessels in which the prisoners were transported, called ``Hell Ships'', were attacked by American naval and air forces, which, according to some estimates, resulted in more than 3,600 American fatalities. (5) Following the conclusion of World War II, the United States Government agreed to pay compensation to United States ex-prisoners of war amounting to $2.50 per day of imprisonment. This compensation was to be paid from Japanese assets frozen by the United States Government. However, the compensation could never fully compensate those ex-prisoners of war for the sacrifice they endured. Neither the Government of Japan nor any Japanese corporation admits any liability requiring payment or compensation. (6) Other Allied nations, including Canada, the United Kingdom, and the Netherlands, have authorized payment of gratuities to their surviving veterans who were captured by the Japanese during World War II and required to perform slave labor. (b) Purpose.--The purpose of this section is to recognize, by the provision of compensation, the heroic contributions of the members of the Armed Forces and civilian employees of the United States who were captured by the Japanese military during World War II and denied their basic human rights by being made to perform slave labor for Japanese corporations during World War II. (c) Definitions.--In this section (1) Selected veteran or civilian internee.--The term ``selected veteran or civilian internee'' means any individual who-- (A) was a member of the Armed Forces, a civilian employee of the United States, or an employee of a contractor of the United States during World War II; (B) served in or with United States combat forces during World War II; (C) was captured and held as a prisoner of war or prisoner by Japan in the course of such service; and (D) was forced to perform slave labor during World War II for one or more Japanese corporations. (2) Slave labor.--The term ``slave labor'' means forced servitude under conditions of subjugation. (d) Payment of Compensation.--As soon as practicable after the end of the period specified in subsection (e)(1), the Secretary of Defense shall pay compensation to each living selected veteran or civilian internee whose application for compensation under this section is approved by the Secretary. (e) Acceptance of Contributions for Compensation.-- (1) Authority to accept contributions.--During the period beginning on the date of the enactment of this Act and ending on December 31, 2007, the Secretary of Defense may accept, hold, and administer any gift, devise, or bequest of money made by any person on the condition that the gift, devise, or bequest be used to provide compensation under this section to a selected veteran or civilian internee. (2) Deposit.--Amounts received as contributions under this subsection shall be deposited in the Department of Defense General Gift Fund established pursuant to section 2601 of title 10, United States Code. Such amounts shall be accounted for separately from other amounts in that fund. (3) Acceptance of certain contributions prohibited.--A gift may not be accepted under this subsection-- (A) if the gift is designated for a specific selected veteran or civilian internee; (B) if the Secretary of Defense determines that the acceptance of the gift would reflect unfavorably on the ability of the Department of Defense, any employee of the Department, or any member of the Armed Forces to carry out any responsibility or duty in a fair and objective manner; or (C) if the Secretary determines that the use of the gift would compromise the integrity or appearance of integrity of any program of the Department of Defense or any individual involved in such a program. (4) Treatment of contributions.--The making of a contribution under this subsection by any person is wholly voluntary and, in no way, may the existence of such a contribution be used as a matter of proof in any civil litigation. (f) Amount of Compensation.--The amount of compensation paid to each living selected veteran or civilian internee whose application for compensation is approved by the Secretary of Defense shall be equal to the sum of the following: (1) An equal share of the funds appropriated to the Secretary to provide compensation under this section, but not to exceed $20,000 per selected veteran or civilian internee. (2) An equal share of the amounts received as contributions under subsection (e). (g) Rebuttable Presumption of Eligibility.--An application for compensation submitted under this section by or on behalf of an individual seeking recognition as a selected veteran or civilian internee under this section is subject to a rebuttable presumption that the individual is a selected veteran or civilian internee if the application on its face provides information sufficient to establish the individual as a selected veteran or civilian internee. (h) Relationship to Other Payments.--Any amount paid a selected veteran or civilian internee as compensation under this section is in addition to any other amount paid to the selected veteran or civilian internee under any other provision of law as compensation for the performance of slave labor during World War II. (i) Unavailability for Payment of Attorney Fees in Class Action Suits.--Amounts paid under this section may not be used for the payment of attorney fees incurred in any class action law suit seeking the payment of compensation for members of the Armed Forces and civilian employees of the United States captured by Japan and used as slave labor during World War II or a similar payment as a result of the performance of slave labor during World War II. (j) Sense of Congress Regarding Contributions by Certain Japanese Corporations.-- (1) Sense of congress.--It is the sense of Congress that the Japanese corporations specified in paragraph (2) that benefitted from the use of captured members of the Armed Forces and civilian employees of the United States as slave labor during World War II should make contributions under subsection (e) for the provision of compensation to each living selected veteran or civilian internee under this section. (2) List of covered companies.--The Japanese corporations known to have used captured members of the Armed Forces and civilian employees of the United States as slave labor during World War II are Asano Dockyard; Electric-Chemical Company; Fujinagara Shipbuilding, Kobe; Furukawa Mining, Omine Machi; Hitachi Shipbuilding; Hokkai Electric Chemical; Hokkaido Coal (Sorachi Mining Co.); Imperial Special Copper Works, Noetsu; Ishihara Industries, Narumi; Kajima Coal, Ohnoura; Kawaminami Shipbuilding, Yahata; Kawasaki Heavy Industries, Kobe; Kinkaseki Copper Mine, Formosa; Kobe Stevedore, Kobe; Kumagai Enggr. Co.; Manshu Leather, Mukden Manchuria; Manshu Machinery, Mukden; Manshu Tent; Meiji Mining; Mitsubishi Heavy Industries; Mitsubishi Mining Co.; Mitsubishi Chemical; Mitsui Industries; Mitsui Mining; Moji Transportation Association; Namura Shipyards; Niigata Iron and Steel; Niigata Transport, Kawasaki; Nippon Express; Nippon Ko-Kan (Japan Iron Co.); Nippon Metallurgy; Nippon Mining; Nippon Soda; Nippon Steel Pipe; Nippon Vehicles; Nisshin Mill; Nisshin Oil; Nittetsu Mining; Ohsaka Shipbuilding; Radio Tokyo (government-operated); Shinetsu Chemicals; Showa Electrical Engineering; Showa Electrode (Showa Denko); Sorachi Mining Co.; Sumitomo Mining; Taihoku Locomotive Works, Taiwan; Tobashima Construction Co.; Tokyo-Shibaura Electric; Tsuruga Stevedore, Osaka; Tsurumi Shipbuilding; Yawata Iron Works; Ohasi; and Yodogawa Steel. | Directs the Secretary of Defense to pay compensation as prescribed under this Act to those living members of the Armed Forces and U.S. civilian employees who were captured by Japan, who were used as slave labor during World War II, and whose application for compensation is approved. Authorizes the Secretary of Defense to accept any monetary contribution (with exceptions) made by any person upon on the condition that the contribution be used to provide such compensation to a selected veteran or civilian internee. Requires amounts received as contributions to be deposited in the Department of Defense General Gift Fund. States that, any amount paid to a selected veteran or civilian internee as compensation under this Act is in addition to any other amount paid to such veteran or civilian internee under any other provision of law as compensation for the performance of slave labor during World War II. Expresses the sense of Congress regarding contributions by certain Japanese corporations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Infrastructure Improvement Act of 2007''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Acquisition.--The term ``acquisition'' includes any necessary activities for siting a facility, equipment, structures, or rolling stock by purchase, lease-purchase, trade, or donation. (2) Commission.--The term ``Commission'' means the National Commission on the Infrastructure of the United States established by section 3(a). (3) Construction.--The term ``construction'' means-- (A) the design, planning, and erection of new infrastructure; (B) the expansion of existing infrastructure; (C) the reconstruction of an infrastructure project at an existing site; and (D) the installation of initial or replacement infrastructure equipment. (4) Infrastructure.-- (A) In general.--The term ``infrastructure'' means a nonmilitary structure or facility and any equipment and any nonstructural elements associated with such a structure or facility. (B) Inclusions.--The term ``infrastructure'' includes-- (i) a surface transportation facility (such as a road, bridge, highway, public transportation facility, and freight and passenger rail), as the Commission, in consultation with the National Surface Transportation Policy and Revenue Study Commission established by section 1909(b)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1471), determines to be appropriate; (ii) a mass transit facility; (iii) an airport or airway facility; (iv) a resource recovery facility; (v) a water supply and distribution system; (vi) a wastewater collection, conveyance, or treatment system and related facilities; (vii) a stormwater treatment system to manage, reduce, treat, or reuse municipal stormwater; (viii) waterways, locks, dams, and associated facilities; (ix) a levee and any related flood damage reduction facility; (x) a dock or port; and (xi) a solid waste disposal facility. (5) Nonstructural elements.--The term ``nonstructural elements'' includes-- (A) any feature that preserves and restores a natural process, a landform (including a floodplain), a natural vegetated stream side buffer, wetland, or any other topographical feature that can slow, filter, and naturally store storm water runoff and flood waters; (B) any natural design technique that percolates, filters, stores, evaporates, and detains water close to the source of the water; and (C) any feature that minimizes or disconnects impervious surfaces to slow runoff or allow precipitation to percolate. (6) Maintenance.--The term ``maintenance'' means any regularly scheduled activity, such as a routine repair, intended to ensure that infrastructure continues to operate efficiently and as intended. (7) Rehabilitation.--The term ``rehabilitation'' means an action to extend the useful life or improve the effectiveness of existing infrastructure, including-- (A) the correction of a deficiency; (B) the modernization or replacement of equipment; (C) the modernization of, or replacement of parts for, rolling stock relating to infrastructure; (D) the use of nonstructural elements; and (E) the removal of infrastructure that is deteriorated or no longer useful. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``National Commission on the Infrastructure of the United States'' to ensure that the infrastructure of the United States-- (1) meets current and future demand; (2) facilitates economic growth; (3) is maintained in a manner that ensures public safety; and (4) is developed or modified in a sustainable manner. (b) Membership.-- (1) Composition.--The Commission shall be composed of 8 members, of whom-- (A) 2 members shall be appointed by the President; (B) 2 members shall be appointed by the Speaker of the House of Representatives; (C) 1 member shall be appointed by the minority leader of the House of Representatives; (D) 2 members shall be appointed by the majority leader of the Senate; and (E) 1 member shall be appointed by the minority leader of the Senate. (2) Qualifications.--Each member of the Commission shall-- (A) have experience in one or more of the fields of economics, public administration, civil engineering, public works, and construction and related design professions, planning, public investment financing, environmental engineering, or water resources engineering; and (B) represent a cross-section of geographical regions of the United States. (3) Date of appointments.--The members of the Commission shall be appointed under paragraph (1) not later than 90 days after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled, not later than 30 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (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 the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the chairperson or the request of the majority of the Commission members. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a chairperson and vice chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.-- (1) In general.--Not later than February 15, 2009, the Commission shall complete a study of all matters relating to the state of the infrastructure of the United States. (2) Matters to be studied.--In carrying out paragraph (1), the Commission shall study matters, such as-- (A) the capacity of infrastructure to sustain current and anticipated economic development and competitiveness, including long-term economic growth and the potential return to the United States economy on investments in new infrastructure as opposed to investments in existing infrastructure; (B) the age and condition of infrastructure (including congestion and changes in the condition of that infrastructure as compared with preceding years); (C) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure (including general obligation bonds, tax-credit bonds, revenue bonds, user fees, excise taxes, direct governmental assistance, and private investment); (D) any trends or innovations in methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure; (E) investment requirements, by type of infrastructure, that are necessary to maintain the current condition and performance of the infrastructure and the investment needed (adjusted for inflation and expressed in real dollars) to improve infrastructure in the future; (F) based on the current level of expenditure (calculated as a percentage of total expenditure and in constant dollars) by Federal, State, and local governments-- (i) the projected amount of need the expenditures will meet 5, 15, 30, and 50 years after the date of enactment of this Act; and (ii) the levels of investment requirements identified under subparagraph (E); (G) any trends or innovations in infrastructure procurement methods; (H) any trends or innovations in construction methods or materials for infrastructure; (I) the impact of local development patterns on demand for Federal funding of infrastructure; (J) the impact of deferred maintenance; and (K) the collateral impact of deteriorated infrastructure. (b) Recommendations.--The Commission shall develop recommendations-- (1) on a Federal infrastructure plan that will detail national infrastructure program priorities, including alternative methods of meeting national infrastructure investment needs to effectuate balanced economic development; (2) on infrastructure improvements and methods of delivering and providing for infrastructure facilities; (3) for analysis or criteria and procedures that may be used by Federal agencies and State and local governments in-- (A) inventorying existing and needed infrastructure improvements; (B) assessing the condition of infrastructure improvements; (C) developing uniform criteria and procedures for use in conducting the inventories and assessments; and (D) maintaining publicly accessible data; and (4) for proposed guidelines for the uniform reporting, by Federal agencies, of construction, acquisition, rehabilitation, and maintenance data with respect to infrastructure improvements. (c) Statement and Recommendations.--Not later than February 15, 2010, the Commission shall submit to Congress-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission under subsection (b), including recommendations for such legislation and administrative actions for 5-, 15-, 30-, and 50-year time periods as the Commission considers to be appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission shall hold such hearings, meet and act at such times and places, take such testimony, administer such oaths, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the chairperson of the Commission, the head of the Federal agency shall provide the information to the Commission. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Contracts.--The Commission may enter into contracts with other entities, including contracts under which one or more entities, with the guidance of the Commission, conduct the study required under section 4(a). (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall serve without pay, but shall be allowed a per diem allowance for travel expenses, 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. (b) Staff.-- (1) 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. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by a majority of the members of 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.--In no event shall any employee of the Commission (other than the executive director) receive as compensation an amount in excess of the maximum rate of pay for Executive Level IV under section 5315 of title 5, United States Code. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of a Federal employee shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--On request of the Commission, the Secretary of the Army, acting through the Chief of Engineers, shall provide, on a reimbursable basis, such office space, supplies, equipment, and other support services to the Commission and staff of the Commission as are necessary for the Commission to carry out the duties of the Commission under this Act. SEC. 7. REPORTS. (a) Interim Reports.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit an interim report containing a detailed summary of the progress of the Commission, including meetings and hearings conducted during the interim period, to-- (1) the President; (2) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives; and (3) the Committees on Environment and Public Works, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. (b) Final Report.--On termination of the Commission under section 9, the Commission shall submit a final report containing a detailed statement of the findings and conclusions of the Commission and recommendations for legislation and other policies to implement those findings and conclusions, to-- (1) the President; (2) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives; and (3) the Committees on Environment and Public Works, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. (c) Transparency.--A report submitted under subsection (a) or (b) shall be made available to the public electronically, in a user- friendly format, including on the Internet. SEC. 8. FUNDING. For each of fiscal years 2008 through 2010, upon request by the Commission-- (1) using amounts made available to the Secretary of Transportation from any source or account (other than the Highway Trust Fund), the Secretary of Transportation shall transfer to the Commission $750,000 for use in carrying out this Act; (2) using amounts from the general expenses account of the Corps of Engineers (other than amounts in that account made available through the Department of Defense), the Secretary of the Army, acting through the Chief of Engineers, shall transfer to the Commission $250,000 for use in carrying out this Act; and (3) the Administrator of the Environmental Protection Agency shall transfer to the Commission $250,000 for use in carrying out this Act. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate on September 30, 2010. | National Infrastructure Improvement Act of 2007 - Establishes the National Commission on the Infrastructure of the United States to ensure that U.S. infrastructure meets current and future demand, facilitates economic growth, and is maintained in a manner that ensures public safety. Requires the Commission to study the state of U.S. infrastructure, including such matters as: (1) the capacity of infrastructure to sustain economic development and competitiveness; (2) the age and condition of infrastructure; (3) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure; (4) investment requirements needed to maintain and to improve infrastructure, including projected investment requirements and expenditures on infrastructure by federal, state, and local governments; (5) the impact of local development patterns on demand for federal funding of infrastructure; and (6) the collateral impact of deteriorated infrastructure. Directs the Commission to develop recommendations regarding: (1) a federal infrastructure plan that will detail national infrastructure program priorities; (2) infrastructure improvements and methods of delivering and providing for infrastructure facilities; (3) analysis or criteria and procedures that may be used by federal agencies and state and local governments in inventorying existing and needed infrastructure improvements, assessing the condition of improvements, developing uniform criteria and procedures, and maintaining publicly accessible data; and (4) proposed guidelines for the uniform reporting by federal agencies of data regarding infrastructure improvements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coeur d'Alene Basin Restoration Act of 1994''. SEC. 2. COEUR D'ALENE BASIN MANAGEMENT CONFERENCE. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251- 1270) is amended by adding at the end the following: ``SEC. 121. COEUR D'ALENE BASIN MANAGEMENT CONFERENCE. ``(a) Establishment.--There is established a Coeur d'Alene Basin Management Conference to develop a comprehensive pollution prevention, control, and restoration plan for the Coeur d'Alene Basin. The Administrator shall convene the management conference within 30 days of the date of the enactment of this section. ``(b) Membership.-- ``(1) In general.--The members of the Management Conference shall be comprised of-- ``(A) a representative of the Environmental Protection Agency; ``(B) a representative of the Coeur d'Alene Indian tribe; and ``(C) a representative of the Idaho Department of Environmental Quality. ``(2) Steering committee.--The Management Conference shall appoint-- ``(A) a management advisory committee; ``(B) a technical advisory committee; and ``(C) a citizens' advisory committee. ``(3) Ex officio members.--The Management Conference shall have ex officio members which shall include, at a minimum, the Member of the United States House of Representatives within whose congressional district lies the Coeur d'Alene Basin. ``(c) Pollution Prevention, Control, and Restoration Plan.-- ``(1) Publication deadline.--Not later than 1 year after the date of the enactment of this section, the Management Conference shall publish a water pollution prevention, control, and restoration plan (hereinafter in this section referred to as the `Plan') for the Coeur d'Alene Basin. ``(2) Contents.--The Plan developed pursuant to this section shall-- ``(A) clarify the duties of Federal and State agencies and other persons in water pollution prevention and control activities, and to the extent allowable by law, suggest a reasonable timetable for adoption by the appropriate Federal and State agencies to accomplish such duties; ``(B) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal and other sources of funds; ``(C) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of the Plan; and ``(D) include a strategy for water pollution prevention and control in the Coeur d'Alene Basin, including the promotion of pollution prevention and management practices to reduce the amount of pollution generated in the Coeur d'Alene Basin. ``(3) Public review and comment.--The Administrator, in cooperation with the Management Conference, shall provide for public review and comment on the draft Plan. At a minimum, the Management Conference shall conduct one public meeting to hear comments on the draft plan in the State of Idaho. ``(4) Approval.--Not less than 30 days after the publication of the Plan required pursuant to this section, the Administrator shall approve the Plan if the Plan meets the requirements of this section. ``(5) Treatment.--Upon approval of the Plan, the Plan shall be deemed to be an approved management program for the purposes of section 319(h) of this Act and such plan shall be deemed to be an approved comprehensive conservation and management plan pursuant to section 320 of this Act. ``(6) Implementation.--Upon approval of the Plan under this subsection, the Plan shall be implemented. ``(d) Grant Assistance.-- ``(1) In general.--The Administrator may, in consultation with the Management Conference, make grants to State, interstate, and regional water pollution control agencies, and public or nonprofit agencies, institutions, and organizations. ``(2) Purposes.--Grants under this subsection shall be made for assisting development of the Plan, including research, surveys, studies, and modeling and technical and supporting work necessary for the development of the Plan. ``(3) Federal share.--The amount of grants to any person under this subsection for a fiscal year shall not exceed 70 percent of the costs of development of the Plan and shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources. The non-Federal share may be provided by in-kind services. ``(4) Terms and conditions.--The Administrator may establish such terms and conditions for the administration of grants as the Administrator determines to be appropriate. ``(e) Definition.--For purposes of this section, the term `Coeur d'Alene Basin'' means the watershed in northern Idaho containing the South Fork of the Coeur d'Alene River, the main stem of the Coeur d'Alene River, and Lake Coeur d'Alene. ``(f) Statutory Interpretation.--Nothing in this section shall be used to affect the jurisdiction or powers of-- ``(1) any department or agency of the United States or any State; or ``(2) any entity related to the Coeur d'Alene Basin created by treaty or memorandum to which the United States is a signatory. ``(g) Authorization.--There are authorized to be appropriated to the Environmental Protection Agency to carry out this section such sums as may be necessary for fiscal years 1995, 1996, 1997, 1998, and 1999.''. SEC. 3. FEDERAL PROGRAM COORDINATION. (a) Cooperation of the United States Geological Survey of the Department of the Interior.--For the purpose of enhancing and expanding basic data collection and monitoring in operation in the Coeur d'Alene Basin, as defined under section 121 of the Federal Water Pollution Control Act, the Secretary of the Interior, acting through the heads of water resources divisions of the Idaho and Washington districts of the United States Geological Survey, shall-- (1) in cooperation with appropriate universities and private research institutions and appropriate officials of the appropriate departments and agencies of the States of Idaho and Washington, develop an integrated geographic information system of the Coeur d'Alene Basin; (2) convert all partial recording sites in the Coeur d'Alene Basin to continuous monitoring stations with full gauging capabilities and status; and (3) establish such additional continuous monitoring station sites in the Coeur d'Alene Basin as are necessary to carry out basic data collection and monitoring, as defined by the Secretary of the Interior, including ground water mapping, and water quality and sediment data collection. (b) Cooperation of the United States Fish and Wildlife Service of the Department of the Interior.-- (1) Resource conservation program.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service, in cooperation with the Coeur d'Alene Fish and Wildlife Management Cooperative and the Coeur d'Alene Basin Management Conference established pursuant to section 121 of the Federal Water Pollution Control Act, shall-- (A) establish and implement a fisheries resources restoration, development, and conservation program, including dedicating a level of hatchery production within the Coeur d'Alene Basin at or above the level that existed immediately preceding the date of the enactment of this Act; and (B) conduct a wildlife species and habitat assessment survey in the Coeur d'Alene Basin, including-- (i) a survey of Federal threatened and endangered species, listed or proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), Idaho State and Washington State threatened and endangered species and other species of special concern, migratory nongame species of management concern, and national resources plan species; and (ii) a survey of migratory bird populations breeding, migrating, and wintering within the Coeur d'Alene Basin. (2) Activities.--To accomplish the purposes of paragraph (1), the Director of the United States Fish and Wildlife Service is authorized to carry out activities related to-- (A) improving the health of fishery resources; (B) conducting investigations about the status of fishery resources, and disseminating that information to all interested parties; and (C) conducting and periodically updating a survey of the fishery resources and their habitats and food chains in the Coeur d'Alene Basin. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Department of the Interior such sums as may be necessary for fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out subsections (a) and (b) of this section. SEC. 4. RESTORATION PLAN. (a) Cooperation of the United States Bureau of Land Management of the Department of the Interior.--For the purpose of restoring and managing of public lands, public uses, and the basin restoration areas, the Secretary of the Interior, acting through the State director of the Bureau of Land Management, shall-- (1) cooperatively with the other natural resource trustees, develop and implement a restoration plan for the public lands and other contaminated lands to reduce human and environmental risks in the Coeur d'Alene Basin, as defined in section 121 of the Federal Water Pollution Control Act; (2) develop and maintain a computerized geographical information system inventory of abandoned or inactive mining sites and extensively mine waste contaminated areas in the Basin, including audits, tailing piles, mill sites, and processing facilities, their location, key contaminants, their concentrations and loading rates, and other information pertinent to evaluation and prioritization; (3) provide for the cleanup of mining contaminated sites or areas and the restoration of damaged natural resources on public lands or land acquired to be restored in the Basin; (4) develop and implement stream and river restoration plans which would involve the rebuilding of stream structure, placement of wood debris, habitat structures, and habitat rocks, stabilization of banks, and riparian plantings in the Basin; (5) provide for monitoring of restored areas in order to document the effectiveness of the restoration and identify any residual problems not sufficiently corrected; (6) cooperatively with the other land managing and public health agencies, the Coeur d'Alene Indian tribe, regulators, and land owners, develop and implement a land management plan for the public lands and other lands in the Basin to reduce human health and environmental risks; (7) develop and maintain cooperatively an integrated computerized geographical information system of cultural and ecological resources, location of source and contaminated areas, and records of restoration and management activities to ensure long-term coordinated management within the Basin; (8) working with the Forest Service, Fish and Wildlife Service, Idaho Department of Fish and Game, the Coeur d'Alene Indian tribe, and other wildlife interests, develop wildlife and fishery habitat management plans for the streams, river, lakes, and wetlands in the Basin, including development of cooperative wildlife management areas; (9) provide for monitoring of wildlife management areas in the Basin for effectiveness of wildlife improvements and restoration and management activities; (10) working with the Forest Service, Idaho Departments of Fish and Game and Parks and Recreation, public health agencies, the Coeur d'Alene Indian tribe, and other public recreation interests develop an integrated public recreation management plan for the Basin to provide public information and minimize recreational health risks; and (11) develop and implement a lake and river information program to provide public use and health risk information in the Basin along with the recreation management and maintenance of public land sites. (b) Powers of BLM.--To accomplish the purposes of paragraphs (2), (3), and (4) of subsection (a), the Director of the United States Bureau of Land Management is authorized to carry out activities related to-- (1) data collection and other inventory of mining waste source areas and contaminated lands; (2) data management of resource information, restoration activities, and monitoring and management data; (3) accepting or acquiring mining contaminated lands to restore and manage for the purpose of minimizing long-term human health and natural resource risks; (4) design, engineering, construction, and maintenance of restoration projects and management facilities; (5) design, oversee construction, and management of repositories for mine waste and mine contaminated soil needed for restoration activities; (6) lake and river information program, public use information, and recreation use supervision; (7) long-term restoration and land management plans for contaminated and restored lands; and (8) providing long-term maintenance and management of restored public lands. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Department of the Interior, Bureau of Land Management, such sums as may be necessary for fiscal years 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out subsections (a) and (b) of this section. SEC. 5. EXEMPTION FROM CERCLA LIABILITY. The Environmental Protection Agency and the Department of the Interior shall be specifically exempted from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for actions taken under this Act, including any amendment made by this Act. | Coeur d'Alene Basin Restoration Act of 1994 - Amends the Federal Water Pollution Control Act to establish a Coeur d'Alene Basin Management Conference to develop a pollution prevention, control, and restoration plan for the Coeur d'Alene Basin in Idaho. Requires the Administrator of the Environmental Protection Agency (EPA) to convene the management conference. Authorizes the Administrator to make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies to assist development of the plan. Authorizes appropriations. Directs the Secretary of the Interior, acting through the water resources divisions of the Idaho and Washington districts of the U.S. Geological Survey, to: (1) develop an integrated geographic information system of the Coeur d'Alene Basin; (2) convert all partial recording sites in the Basin to continuous monitoring stations with full gauging capabilities and status; and (3) establish additional continuous monitoring sites in the Basin as necessary to carry out basic data collection and monitoring. Requires the Secretary, acting through the Fish and Wildlife Service, to: (1) establish a fisheries restoration, development, and conservation program; and (2) conduct a wildlife species and habitat assessment survey in the Basin. Authorizes appropriations. Directs the Secretary, acting through the Bureau of Land Management, to carry out specified environmental restoration activities in the Basin. Authorizes appropriations. Exempts the EPA and the Department of the Interior from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for actions taken under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``1863 Gettysburg Campaign Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 1863 invasion of Pennsylvania and the resulting Battle of Gettysburg proved decisive in the final outcome of the American Civil War. (2) President Abraham Lincoln's Gettysburg Address put the Civil War in perspective as a test of the success of the American Revolution. (3) The Army Heritage Center Foundation works with the United States Army to establish, sponsor, support, promote, and maintain the United States Army Heritage and Education Center at Carlisle, Pennsylvania. (4) The Army Heritage and Education Center is the Army's premier center for the study of the role of the individual soldier in support of the Nation. (5) The Civil War photograph and manuscript collection at the Center is considered one of the finest in the Nation. (6) The Center seeks to honor the service and sacrifice of soldiers and their families, preserve the memories of their service by gathering and preserving artifact and manuscript collections, and to educate the public through a world class archives, museum displays, and engaging educational programs. (7) The goal of the Center is promote an appreciation of the sacrifices that generations of American soldiers and their families have made to safeguard the freedoms of this Nation. (8) The Army Heritage Center Foundation will, through donated support, fund and construct the public components of the Army Heritage and Education Center--the Visitor and Education Center and the Army Heritage Museum--and, once construction is complete, focus on providing ``margin of excellence support'' to meet the needs of educational programs and other activities at the Army Heritage and Education Center for which Federal funds are unavailable. (9) The Gettysburg Foundation is dedicated to supporting the Gettysburg National Military Park, a unit of the National Park Service, by-- (A) operating the new Museum and Visitor Center for the Park; (B) funding the preservation and rehabilitation of the Park's resources; (C) preserving and displaying the Cyclorama painting; and (D) providing visitors with an understanding of the significance of the Battle of Gettysburg within the context of the causes and consequences of the American Civil War. (10) The Army Heritage Center Foundation and the Gettysburg Foundation are each nongovernmental, member-based, and publicly supported nonprofit organizations that are dependent on funds from members, donations, and grants for support. (11) The Foundations use such support to help create and sustain the Gettysburg National Military Park and the Army Heritage and Education Center. (12) The Gettysburg Foundation is recognized as the official partner of Gettysburg National Military Park and the Army Heritage Center Foundation is recognized by the Secretary of the Army as the lead agency supporting the development of the Army Heritage and Education Center. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and commemoration of the 1863 Invasion of Pennsylvania, the decisive Battle of Gettysburg, and President Lincoln's Gettysburg's Address, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the history and memory of the Gettysburg campaign and President Lincoln's Gettysburg Address. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically commemorate the 1863 invasion of Pennsylvania, the Battle at Gettysburg, and Lincoln's Gettysburg Address; (2) be selected by the Secretary, after consultation with the Secretary of the Army, the Secretary of the Interior, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) Army heritage center foundation.--\1/2\ to the Army Heritage Center Foundation. (2) Gettysburg foundation.--\1/2\ to the Gettysburg Foundation. (c) Audits.--The Army Heritage Center Foundation and the Gettysburg Foundation shall each be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by each such Foundation under subsection (b). (d) 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. | 1863 Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the 1863 invasion of Pennsylvania, the Battle of Gettysburg, and the Gettysburg Address of President Abraham Lincoln. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Fund Transparency Act of 2009''. SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND DEALERS AND MUTUAL FUND COMPANIES. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Confirmation of transactions for mutual funds.-- ``(A) In general.--Each broker and dealer shall disclose in writing to customers that purchase the shares of any open-end or closed-end company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8) or any interest in a unit investment trust or municipal securities registered under this title used for education savings plans-- ``(i) the amount of any compensation received or to be received by the broker or dealer in connection with such transaction from any sources; and ``(ii) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) includes any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of an entity described in subparagraph (A), and payments made by an underwriter of the fund to a broker or dealer. ``(C) Timing of disclosure.--The disclosure required under subparagraph (A) shall be provided or sent to a customer not later than the date of the completion of the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of an entity described in subparagraph (A); or ``(ii) any other filing of an entity described in subparagraph (A) with the Commission. ``(E) Commission authority.-- ``(i) In general.--The Commission shall issue such final rules or regulations as are necessary to carry out this paragraph, not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2009. ``(ii) Form of disclosure.--Disclosures under this paragraph shall be in such form as the Commission shall require by rule. ``(F) Definitions.--In this paragraph-- ``(i) the terms `open-end company' and `closed-end company' have the same meanings as in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a-5); ``(ii) the term `unit investment trust' has the same meaning as in section 4 of the Investment Company Act of 1940 (15 U.S.C. 80a- 4); and ``(iii) the term `education savings plan' means a qualified tuition program described in section 529(b)(1)(A)(ii) of the Internal Revenue Code of 1986.''. (b) Disclosure of Brokerage Commissions.--Section 30 of the Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding at the end the following: ``(k) Disclosure of Brokerage Commissions.--The Commission, by rule, shall require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by an open-end or closed-end company or a unit investment trust or issuer of municipal securities during the 5-year period preceding the date of the transaction be included in any disclosure of the amount of fees and expenses that may be payable by the holder of the securities of such company for purposes of-- ``(1) the registration statement of that company; and ``(2) any other filing of that company with the Commission, including the calculation of expense ratios.''. SEC. 3. MUTUAL FUND GOVERNANCE. (a) Independent Fund Boards.--Section 10(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended-- (1) by striking ``shall have'' and inserting the following: ``shall-- ``(1) have''; (2) by striking ``60 per centum'' and inserting ``25 percent''; (3) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(2) have as chairman of its board of directors an interested person of such registered company; or ``(3) permit any person (other than an interested person, as described in paragraph (1)) to serve as a member of its board of directors, unless that person-- ``(A) is approved or elected by the shareholders of such registered investment company at least once every 5 years; and ``(B) has been found, on an annual basis, by a majority of the directors who are not interested persons, after reasonable inquiry by such directors, not to have any material business or familial relationship with the registered company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider, that could reasonably be interpreted as a conflict of interest or cast doubt on the independence of the director.''. (b) Action by Independent Directors.--Section 10 of the Investment Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end the following: ``(i) Action by Board of Directors.--No action taken by the board of directors of a registered investment company may require the vote of a director who is an interested person of such registered investment company. ``(j) Independent Committee.-- ``(1) In general.--The members of the board of directors of a registered investment company who are not interested persons of such registered investment company shall establish a committee comprised solely of such members, which committee shall be responsible for-- ``(A) selecting persons to be nominated for election to the board of directors; and ``(B) adopting qualification standards for the nomination of directors. ``(2) Disclosure.--The standards developed under paragraph (1)(B) shall be disclosed in the registration statement of the registered investment company.''. (c) Definition of Interested Person.--Section 2(a)(19) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(19)) is amended-- (1) in subparagraph (A)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of an investment adviser or principal underwriter to such registered investment company, or of any entity controlling, controlled by, or under common control with such investment adviser or principal underwriter; ``(viii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of any entity that has within the preceding 5 fiscal years acted as a significant service provider to such registered investment company, or of any entity controlling, controlled by, or under the common control with such service provider; ``(ix) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business or professional relationship with the investment company or an affiliated person of such investment company; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment company; or ``(III) any other reason determined by the Commission:''; and (2) in subparagraph (B)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business or professional relationship with such investment adviser or principal underwriter or affiliated person of such investment adviser or principal underwriter; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment adviser or principal underwriter; or ``(III) any other reason, as determined by the Commission.''. (d) Definition of Significant Service Provider.--Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by adding at the end the following: ``(54) Significant service provider.-- ``(A) In general.--Not later than 270 days after the date of enactment of the Mutual Fund Transparency Act of 2009, the Commission shall issue final rules defining the term `significant service provider'. ``(B) Requirements.--The definition developed under paragraph (1) shall include, at a minimum, the investment adviser and principal underwriter of a registered investment company for purposes of paragraph (19).''. SEC. 4. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY. (a) In General.--The Securities and Exchange Commission shall conduct a study to identify-- (1) the existing level of financial literacy among investors that purchase shares of open-end companies, as that term is defined under section 5 of the Investment Company Act of 1940, that are registered under section 8 of that Act; (2) the most useful and understandable relevant information that investors need to make sound financial decisions prior to purchasing such shares; (3) methods to increase the transparency of expenses and potential conflicts of interest in transactions involving the shares of open-end companies; (4) the existing private and public efforts to educate investors; and (5) a strategy to increase the financial literacy of investors that results in a positive change in investor behavior. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall submit a report on the study required under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 5. STUDY REGARDING MUTUAL FUND ADVERTISING. (a) In General.--The Comptroller General of the United States shall conduct a study on mutual fund advertising to identify-- (1) existing and proposed regulatory requirements for open- end investment company advertisements; (2) current marketing practices for the sale of open-end investment company shares, including the use of unsustainable past performance data, funds that have merged, and incubator funds; (3) the impact of such advertising on consumers; and (4) recommendations to improve investor protections in mutual fund advertising and additional information necessary to ensure that investors can make informed financial decisions when purchasing shares. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the results of the study conducted under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the United States Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 6. POINT-OF-SALE DISCLOSURE. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)), as amended by section 2 of this Act, is amended by adding at the end the following: ``(14) Broker and dealer disclosures in mutual fund transactions.-- ``(A) In general.--Each broker and dealer shall disclose in writing to each person that purchases the shares of an open-end or closed-end company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8) or any interest in a unit investment trust or municipal securities registered under this title-- ``(i) the source and amount, in dollars and as a percentage of assets, of any compensation received or to be received by the broker or dealer in connection with such transaction from any sources; ``(ii) the amount, in dollars and as a percentage of assets, of compensation received in connection with transactions in shares of other investment company shares offered by the broker or dealer, if materially different from the amount under clause (i); ``(iii) comparative information that shows the average amount received by brokers and dealers in connection with comparable transactions, as determined by the Commission; and ``(iv) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of a registered investment company. ``(C) Timing of disclosure.--The disclosures required under subparagraph (A) shall be made to permit the person purchasing the shares to evaluate such disclosures before deciding to engage in the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of a registered investment company; or ``(ii) any other filing of a registered investment company with the Commission. ``(E) Commission authority.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2009.''. (b) Fiduciary Duties.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following new subsection: ``(k) Standard of Care.--Notwithstanding any other provision of this title or the Investment Advisers Act of 1940, the Commission shall promulgate rules, not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2009 to provide that the standard of care for all brokers and dealers in providing investment advice about securities to retail customers or clients (and such other customers or clients as the Commission may by rule provide) shall be the fiduciary duty established under the Investment Advisers Act of 1940, including, without limitation, the duty to act solely in the best interest of the customer or client, without regard to the financial or other interest of the broker or dealer providing the advice.''. | Mutual Fund Transparency Act of 2009 - Amends the Securities Exchange Act of 1934 and the Investment Company Act of 1940 to require brokers and dealers of mutual funds to disclose in writing the related commissions they receive to purchasers of shares of any registered open-end or closed-end company or any interest in a registered unit investment trust or municipal securities used for education savings plans. Amends the Investment Company Act of 1940 to: (1) reduce from 60% to 25% the membership of the board of directors of a mutual fund that may be composed of "interested persons"; (2) prohibit such board from having an interested person as chairman; (3) prohibit requiring the vote of a director who is an "interested person" of the mutual company; and (4) require a mutual fund company to have a committee composed solely of "non-interested persons" responsible for selecting nominees for election to the board and for adopting qualification standards for such nominations. Requires the Securities and Exchange Commission (SEC) to issue final rules: (1) redefining the term "significant service provider" to include the investment adviser and principal underwriter of a mutual fund; and (2) declaring that brokers and dealers have a certain fiduciary duty in providing investment advice to retail clients, including the duty to act solely in the best interest of the client without regard to the financial or other interest of the broker or dealer. Requires the SEC to study and report to certain congressional committees on designated topics, including: (1) the level of financial literacy among purchasers of open-end companies; (2) information that investors need to make sound financial decisions prior to share purchases; and (3) methods to increase transparency of expenses and potential conflicts of interest in transactions involving shares of open-end companies. Directs the Comptroller General to study and report to certain congressional committees on mutual fund advertising, including: (1) current marketing sales practices, especially the use of unsustainable past performance data; and (2) recommendations to improve investor protections in mutual fund advertising. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Las Cienegas Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the Sahuarita parcel of land consisting of approximately 1,280 acres, as depicted on the map entitled ``Las Cienegas Enhancement Act--Federal Land'' and dated May 9, 2006. (2) Landowner.--The term ``landowner'' means Las Cienegas Conservation, LLC. (3) Non-federal land.--The term ``non-Federal land'' means the Empirita-Simonson parcel of land consisting of approximately 2,392 acres, as depicted on the map entitled ``Las Cienegas Enhancement Act--Non-Federal Land'' and dated May 9, 2006. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN PIMA COUNTY, ARIZONA. (a) Exchange Authorized.--If the landowner offers to convey to the Secretary title to the non-Federal land, the Secretary shall accept the offer and convey to the landowner all, right, title, and interest of the United States in and to the Federal land. (b) Valuation, Appraisals, and Equalization.-- (1) Equal value exchange.--The value of the Federal land and the non-Federal land to be exchanged under this section shall be equal. If the values are not equal, the values shall be equalized in accordance with paragraph (3). (2) Appraisal.--To determine the value of the Federal land and the non-Federal land, the Federal land and the non-Federal land shall be subject to an appraisal by an independent, qualified appraiser agreed to by the Secretary and landowner. The appraiser shall consider the value of the Federal land and the non-Federal land as of the date of the enactment of this Act. The appraisal shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisition and the Uniform Standards of Professional Appraisal Practice. Not later than 180 days after the date of enactment of this Act, the appraisal shall be submitted to the Secretary and landowner for approval. (3) Equalization of values.--If the values of the Federal land and non-Federal land are not equal, their values may be equalized-- (A) by reducing the acreage of the non-Federal land or the Federal land to be exchanged, as appropriate; or (B) by the payment by the landowner or the Secretary of a cash equalization payment, which, in the case of a cash equalization payment made by the landowner, may exceed 25 percent of the value of the Federal land, notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (4) Disposition and use of proceeds.--Any cash equalization payment received by the Secretary under paragraph (3) shall be deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)). Amounts so deposited shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land and interests in land in southern Arizona. (c) Protection of Valid Existing Rights.--The exchange of the Federal land and the non-Federal land shall be subject to any easements, rights-of-way, and other valid encumbrances on the land in existence on the date of enactment of this Act. (d) Time for Completion of Exchange.--The exchange of the Federal land and non-Federal land under this section shall be completed-- (1) except as provided in paragraph (2), not later than one year after the date of the enactment of this Act; or (2) if there is a dispute concerning an appraisal of the Federal land or non-Federal land or appraisal issue arising under subsection (b), before the expiration of the 90-day period beginning on the date the dispute is resolved. (e) Administrative Costs.--As a condition of the conveyance of the Federal land to the landowner, the landowner shall pay the costs of carrying out the exchange of the Federal land and non-Federal land under this section, including any direct costs relating to any environmental reviews and mitigation of the Federal land. (f) Correction of Errors; Minor Boundary Adjustments.--The Secretary and landowner may mutually agree-- (1) to correct minor errors in the legal descriptions of the Federal land and non-Federal land to be exchanged under this section; or (2) to make minor adjustments to the boundaries of the Federal land and non-Federal land. (g) Road Access.--Not later than 18 months after the date on which the non-Federal land is acquired by the Secretary, the Secretary shall provide to the Secretary of Agriculture a right-of-way through the non- Federal land for motorized public road access to the boundary of the Coronado National Forest. The right-of-way shall be provided in accordance with section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1767). (h) Administration of Land Acquired by the United States.--On acquisition of the non-Federal land by the Secretary, the Secretary shall-- (1) include the acquired land as part of the Las Cienegas National Conservation Area; and (2) administer the acquired land in accordance with Public Law 106-538 (16 U.S.C. 460ooo et seq.), which established the Las Cienegas National Conservation Area, and other applicable laws. SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CONSERVATION AREA BOUNDARY. The boundary of the Las Cienegas National Conservation Area is modified to exclude the 40-acre tract that, as of the date of the enactment of this Act, is leased by the Bureau of Land Management to the town of Elgin, Arizona, for a sanitary landfill. SEC. 5. LAND CONVEYANCE, PIMA COUNTY, ARIZONA. As an additional condition of the conveyance of the Federal land to the landowner under section 3, the landowner shall convey, without consideration, to Pima County, Arizona, a parcel of land consisting of approximately 98 acres, as depicted on the map referred to in section 2(1) as ``land to be conveyed to Pima County''. Passed the House of Representatives September 27, 2006. Attest: KAREN L. HAAS, Clerk. | Las Cienegas Enhancement Act - Requires the Secretary of the Interior (the Secretary), if Las Cienegas Conservation, LLC, offers to convey to the Secretary title to the Empirita-Simonson parcel of land (the non-federal land) to accept the offer and convey to Las Cienegas Conservation, LLC, the Sahuarita parcel of land (the federal land). Requires the values of the federal and non-federal land exchanged to be equal. Sets forth requirements for: (1) an independent appraisal of the federal and non-federal land; and (2) the equalization of the values of such land if they are not equal, including by the payment by Las Cienegas Conservation, LLC, or the Secretary of a cash equalization payment.. Requires: (1) the deposit of any cash equalization payment received by the Secretary in the Federal Land Disposal Account; and (2) amounts so deposited to be available to the Secretary for the acquisition of lands and interests in land in southern Arizona. Subjects the exchange of the federal and non-federal land to any easements, rights-of-way, and other valid encumbrances on such land in existence on the enactment of this Act. Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such land, including any direct costs related to any environmental reviews and mitigation of the federal land; and (2) convey to Pima County, Arizona, a certain parcel of land. Instructs the Secretary to provide to the Secretary of Agriculture a right of way through the non-federal land for motorized public road access to the boundary of the Coronado National Forest. Requires the Secretary, upon acquisition of the non-federal land, to include the acquired land as part of the Las Cienegas National Conservation Area. Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that, as of the enactment of this Act, is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Thrift Charter Conversion Tax Act of 1995''. SEC. 2. TREATMENT OF RESERVES FOR BAD DEBTS OF SAVINGS ASSOCIATIONS WHICH ARE REQUIRED TO CONVERT INTO BANKS. (a) In General.--Section 593 of the Internal Revenue Code of 1986 (relating to reserves for losses on loans) is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (d) of section 50 of such Code is amended by adding at the end the following new sentence: ``Paragraphs (1)(A), (2)(A), and (4) of the section 46(e) referred to in paragraph (1) of this subsection shall not apply to any taxable year beginning after December 31, 1995.'' (2) Subsection (e) of section 52 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (3) Subsection (a) of section 57 of such Code is amended by striking paragraph (4). (4) Section 246 of such Code is amended by striking subsection (f). (5) Clause (i) of section 291(e)(1)(B) of such Code is amended by striking ``or to which section 593 applies''. (6) Subparagraph (A) of section 585(a)(2) of such Code is amended by striking ``other than an organization to which section 593 applies''. (7) Section 595 of such Code is hereby repealed. (8) Section 596 of such Code is hereby repealed. (9) Subsection (a) of section 860E of such Code is amended-- (A) by striking ``Except as provided in paragraph (2), the'' in paragraph (1) and inserting ``The'', (B) by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively, and (C) by striking in paragraph (2) (as so redesignated) all that follows ``subsection'' and inserting a period. (10) Paragraph (3) of section 992(d) of such Code is amended by striking ``or 593''. (11) Section 1038 of such Code is amended by striking subsection (f). (12) Clause (ii) of section 1042(c)(4)(B) of such Code is amended by striking ``or 593''. (13) Subsection (c) of section 1277 of such Code is amended by striking ``or to which section 593 applies''. (14) Subparagraph (B) of section 1361(b)(2) of such Code is amended by striking ``or to which section 593 applies''. (15) The table of sections for part II of subchapter H of chapter 1 of such Code is amended by striking the items relating to sections 593, 595, and 596. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1995. (2) Repeal of section 595.--The amendment made by subsection (b)(7) shall apply to property acquired in taxable years beginning after December 31, 1995. (d) 6-Year Spread of Adjustments.-- (1) In general.--In the case of any taxpayer who is required by reason of the amendments made by this section to change its method of computing reserves for bad debts-- (A) such change shall be treated as a change in a method of accounting, (B) such change shall be treated as initiated by the taxpayer and as having been made with the consent of the Secretary, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481(a) of the Internal Revenue Code of 1986-- (i) shall be determined by taking into account only applicable excess reserves, and (ii) as so determined, shall be taken into account ratably over the 6-taxable year period beginning with the first taxable year beginning after December 31, 1995. (2) Applicable excess reserves.-- (A) In general.--For purposes of paragraph (1), the term ``applicable excess reserves'' means the excess (if any) of-- (i) the balance of the reserves described in section 593(c)(1) of such Code (as in effect on the day before the date of the enactment of this Act) as of the close of the taxpayer's last taxable year beginning before January 1, 1996, over (ii) the balance of such reserves as of the close of the taxpayer's last taxable year beginning before January 1, 1988. (B) Special rule for thrifts which become small banks.--In the case of a bank (as defined in section 581 of such Code) which was not a large bank (as defined in section 585(c)(2) of such Code) for its first taxable year beginning after December 31, 1995-- (i) the balance taken into account under subparagraph (A)(ii) shall not be less than the amount which would be the balance of such reserve as of the close of its last taxable year beginning before January 1, 1996, if the additions to such reserve for all taxable years had been determined under section 585(b)(2)(A) of such Code, and (ii) the opening balance of the reserve for bad debts as of the beginning of such first taxable year shall be the balance taken into account under subparagraph (A)(ii) (determined after the application of clause (i) of this subparagraph). The preceding sentence shall not apply for purposes of paragraphs (4), (5), and (6). (3) Suspension of recapture if residential loan requirement met.-- (A) In general.--In the case of a taxpayer which meets the residential loan requirement of subparagraph (B) for any taxable year-- (i) no adjustment shall be taken into account under paragraph (1) for such taxable year, and (ii) such taxable year shall be disregarded in determining-- (I) whether any other taxable year is a taxable year for which an adjustment is required to be taken into account under paragraph (1), and (II) the amount of such adjustment. (B) Residential loan requirement.--A taxpayer meets the residential loan requirement of this subparagraph for any taxable year if-- (i) the principal amount of the residential loans made by the taxpayer during such year is not less than the base amount for such year, or (ii) the principal amount of the residential loans made by the taxpayer during each of the 2 preceding taxable years is not less than the base amount for such preceding years. Clause (ii) shall not apply for purposes of determining whether a taxpayer meets the residential loan requirement of this subparagraph for any taxable year beginning before January 1, 1998. (C) Residential loan.--For purposes of this paragraph, the term ``residential loan'' means any loan described in clause (v) of section 7701(a)(19)(C) of such Code but only if such loan is incurred in acquiring, constructing, or improving the property described in such clause. (D) Base amount.--For purposes of subparagraph (B), the base amount is the average of the principal amounts of the residential loans made by the taxpayer during the 6 most recent taxable years beginning before January 1, 1996. At the election of the taxpayer who made such loans during each of such 6 taxable years, the preceding sentence shall be applied without regard to the taxable year in which such principal amount was the highest and the taxable year in such principal amount was the lowest. Such an election may be made only for the first taxable year beginning after December 31, 1995, and, if made for such taxable year, shall apply to all succeeding taxable years unless revoked with the consent of the Secretary of the Treasury or his delegate. (E) Inflation adjustment of base amount.--In the case of a taxable year beginning in a calendar year after 1996, the amount determined under subparagraph (D) shall be increased by an amount equal to-- (i) the amount so determined, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of such Code for such calendar year, by substituting ``calendar year 1995'' for ``calendar year 1992'' in subparagraph (B) thereof. (F) Controlled groups.--In the case of a taxpayer which is a member of any controlled group of corporations described in section 1563(a)(1) of such Code, subparagraph (B) shall be applied with respect to such group. (4) Continued application of fresh start under section 585 transitional rules.--In the case of a taxpayer to which paragraph (1) applied and which was not a large bank (as defined in section 585(c)(2) of such Code) for its first taxable year beginning after December 31, 1995: (A) In general.--For purposes of determining the net amount of adjustments referred to in section 585(c)(3)(A)(iii) of such Code, there shall be taken into account only the excess of the reserve for bad debts as of the close of the last taxable year before the disqualification year over the balance taken into account by such taxpayer under paragraph (2)(A)(ii) of this subsection. (B) Treatment under elective cut-off method.--For purposes of applying section 585(c)(4) of such Code-- (i) the balance of the reserve taken into account under subparagraph (B) thereof shall be reduced by the balance taken into account by such taxpayer under paragraph (2)(A)(ii) of this subsection, and (ii) no amount shall be includible in gross income by reason of such reduction. (5) Continued application of section 593(e).-- Notwithstanding the amendments made by this section, in the case of a taxpayer to which paragraph (1) of this subsection applies, section 593(e) of such Code (as in effect on the day before the date of the enactment of this Act) shall continue to apply to such taxpayer as if such taxpayer were a domestic building and loan association but the amount of the reserve taken into account under such section 593(e) shall be only the balance taken into account by such taxpayer under paragraph (2)(A)(ii) of this subsection. (6) Certain items included as section 381(c) items.--The balance of the applicable excess reserves, and the balance taken into account by a taxpayer under paragraph (2)(A)(ii) of this subsection, shall be treated as items described in section 381(c) of such Code. (7) Regulations.--The Secretary of the Treasury or his delegate shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing for the application of paragraph (3) in the case of mergers, spin-offs, and other reorganizations. SEC. 3. DEDUCTION FOR SPECIAL ASSESSMENTS. For purposes of subtitle A of the Internal Revenue Code of 1986, the amount allowed as a deduction under section 162 of such Code for a taxable year shall include the amount paid during such year as a special assessment under section 7(b)(6)(B) of the Federal Deposit Insurance Act, as amended by the Thrift Charter Conversion Act of 1995, as contained in subtitle B of title II of H.R. 2491 of the 104th Congress, as passed by the House of Representatives. | Thrift Charter Conversion Tax Act of 1995 - Amends the Internal Revenue Code to repeal the reserve method of accounting for determining deductions for bad debts by thrift institutions, effective for taxable years beginning after 1995. Repeals, with respect to thrift institutions to which such accounting method applied, provisions relating to: (1) the denial of a portion of certain tax credits to a thrift institution; (2) special rules regarding the foreclosure of property securing loans of a thrift institution; (3) the reduction in the dividends received reduction of a thrift institution; and (4) the ability of a thrift institution to use a net operating loss to offset its income from a residential interest in a real estate mortgage investment conduit. Provides rules to implement the change in the method of accounting required by the repeal. Defines "applicable excess reserves." Sets forth provisions for thrifts which become small banks. Provides for the suspension of recapture if the taxpayer meets the "residential loan requirement." Defines the term residential loan requirement. Allows in cases where the taxpayer is not a large bank, for the purposes of determining the net amounts of adjustments, that only the excess of the reserve for bad debts as of the close of the last taxable year before the disqualification year over the balance of reserves shall be taken into account. Provides for the treatment of reserves for bad debts under the elective cut-off method. Prohibits the inclusion of a portion of reserve in gross income under the elective cut-off method. Provides for continued application of provisions respecting distributions to stockholders, but the amount of the reserve accounted for by the taxpayer shall be only the balance of the amount of the applicable excess reserves. Provides for the treatment of the balance of the applicable excess reserves and the balance of reserves accounted for by a taxpayer as carryovers in certain corporate acquisitions. Allows the amount allowed as a deduction under provisions of the Federal Deposit Insurance Act, to include the amount paid during 1996 as a special assessment to the Savings Association Insurance Fund (SAIF) under Federal law as amended by the Federal Thrift Charter Conversion Act of 1995 as contained in H.R. 2491 as passed by the House of Representatives. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Education and High Performance Workforce Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to assist small businesses in establishing workplace education programs to improve the productivity of such businesses; (2) to assist small businesses in introducing new technologies and the reorganization of work; and (3) to assist institutions of higher education and other suitable education providers in providing workplace services to small businesses. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (2) New technologies.--The term ``new technologies'' means equipment, processes, and techniques that have not previously been utilized by a business that will improve the productivity of such business. (3) Reorganization of work.--The term ``reorganization of work'' means the processes and techniques for directing the work of employees that have not previously been utilized by a business that will improve the productivity of such business. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Small business.--The term ``small business'' means an independently incorporated, for-profit business that employs 500 or fewer full-time employees. (6) Workforce specialist.--The term ``workforce specialist'' means an individual with experience in improving the productivity of businesses through such methods as total quality management, statistical process control, the development of work teams and quality circles, reduction of management layers and oversight and enhancing the responsibility of front-line workers, introduction of just-in- time or computer integrated production, and increased general or job-specific training. (7) Workplace education.--The term ``workplace education'' means employer-sponsored instruction provided to employees which-- (A) shall include instruction in reading, writing, mathematics, or English as a second language; and (B) may include instruction in problem solving, interpersonal communications, teamwork, and other work- related basic skills. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.-- (1) Title i.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 1994 through 1998 to carry out title I. (2) Title ii.--There are authorized to be appropriated $50,000,000 for fiscal year 1994, $60,000,000 for fiscal year 1995, and $100,000,000 for each of the fiscal years 1996 through 1998, to carry out title II. (b) Availability.--Amounts authorized to be appropriated under subsection (a) shall remain available until expended. TITLE I--OFFICE OF WORKPLACE EDUCATION AND HIGH PERFORMANCE WORK SEC. 101. ESTABLISHMENT. The Secretary of Labor shall establish in the Employment and Training Administration an Office of Workplace Education and High Performance Work (in this Act referred to as the ``Federal office''). SEC. 102 DIRECTOR. The Federal office shall be headed by a Director (in this title referred to as the ``Director''), who shall be paid at a rate equal to level 5 of the Executive Schedule. SEC. 103. DUTIES. The Secretary, acting through the Director, shall-- (1) carry out the grant program established under section 201(a); (2) establish standards for the employment, qualifications, training, and activities of workforce specialists described in section 203(b)(3); (3) conduct programs of research and analysis, which may include demonstration programs, to determine how small businesses can more effectively implement workplace education programs; (4) develop and disseminate information on the introduction of new technologies and the reorganization of work by small businesses by-- (A) identifying sources of expertise of such technologies and reorganization of work in Federal, State, and local agencies (including the Department of Commerce, the National Science Foundation, and the Small Business Administration); (B) forming cooperative relationships with appropriate Federal agencies to determine how small businesses can more effectively implement such new technologies and reorganization of work; and (C) encouraging and assisting labor organizations, educational organizations, businesses and other private organizations to provide information and technical assistance to small businesses regarding workplace education, new technologies, and the reorganization of work. SEC. 104. REPORTS TO CONGRESS. Not later than September 30, 1994, and at the end of each fiscal year thereafter, the Secretary shall submit to the President and the Congress a report containing-- (1) a compilation of the information contained in the State reports received by the Secretary under section 207; and (2) an evaluation of the effectiveness of the grant program authorized under section 201(a). TITLE II--WORKPLACE EDUCATION AND WORKFORCE GRANT PROGRAM SEC. 201. AUTHORIZATION. (a) In General.--The Secretary shall, from amounts appropriated pursuant to section 4(a)(2), provide grants to States for the purpose of establishing programs to improve the productivity of small businesses in such States. (b) Period of Grants.--A grant received under subsection (a) may extend for a period of not more than 5 fiscal years. The payments under such grant shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year. SEC. 202. APPLICATION. The Secretary may provide a grant to a State under section 201(a) only if such State submits to the Secretary an application which contains-- (1) a plan containing the number of workforce service districts to be established by the State office in accordance with section 203(b)(2); and (2) such other information as the Secretary may reasonably require. SEC. 203. USE OF FUNDS. (a) Establishment of Program.--A State shall use amounts received from a grant under section 201(a) to establish a program to improve the productivity of small businesses in such State. (b) Conduct of Program.--In conducting the program established under subsection (a), the State shall meet the following requirements: (1) Establishment of state office of workplace education and high performance work.-- (A) In general.--Subject to subparagraph (B), the State shall establish a State office of workplace education and high performance work (in this Act referred to as the ``State office'') in 1 of the following entities: (i) A State agency that has responsibility for education, training, or economic development policy. (ii) An institution of higher education located in such State. (B) Exception.--In the case of a State that has established an entity comparable to the State office described in subparagraph (A), such State may, upon the approval of the Secretary, designate such entity as the State office for purposes of such subparagraph. (2) Establishment of workplace service districts.-- (A) In general.--Subject to subparagraph (B), the State office shall establish workplace service districts throughout the State-- (i) each of which contains at least 1 institution of higher education which has existing workplace education programs (or will establish such programs not later than the date on which the State in which such institution is located will receive amounts from a grant under section 201(a)), to provide small businesses with access to workplace services; and (ii) which are of a sufficient number in order to allow ease of access by small businesses located in the State to utilize the services provided at such institutions of higher education. (B) Requirements.--In establishing workplace service districts, the State office shall-- (i) if the amount of the grant received by the State under section 201(a) is greater than an amount equal to $100,000 multiplied by the number of such districts proposed to be established by the State in its application, hire and place at least 1 workforce specialist who meets the standards established by the Secretary under section 103(2), including necessary support staff, at an institution of higher education in each district; and (ii) if the amount of the grant received by the State under section 201(a) is less than an amount equal to $100,000 multiplied by the number of such districts proposed to be established by the State in its application, place at least 1 such workforce specialist, including necessary support staff, at an institution of higher education in each district that the State office determines to be appropriate. (3) Duties of workforce specialists.--Each workforce specialist hired by a State office and placed at an institution of higher education under paragraph (2)(B) shall-- (A) serve as a local point of contact for small businesses interested in workplace services; (B) provide workplace services to individual small businesses by analyzing the needs of such businesses for the purpose of-- (i) designing workplace education programs that will improve the productivity of such businesses; and (ii) introducing new technologies and the reorganization of work at such businesses; (C) refer small businesses to other suitable education providers for the purpose of providing workplace services to such businesses, provided that each such business shall reimburse such provider in an amount equal to at least 75 percent of the cost of the services attributable to such business, including instructional time, materials, and facilities; (D) assist in negotiating financial, logistical, and other arrangements between small businesses and other suitable education providers; (E) provide technical assistance and training to the staff of suitable education providers described in subparagraph (C) for the purpose of providing workplace services to small businesses; (F) encourage other small businesses and labor groups to provide such services; and (G) provide small businesses with general information on workplace services. (4) Cooperation with workforce specialists.--The State office shall encourage local educational agencies and other local agencies, small businesses, labor organizations, community-based organizations, and other private organizations to cooperate with workforce specialists described in paragraph (3). (5) Oversight of workforce specialists.--The State office shall monitor and supervise the activities of each workforce specialist described in paragraph (3). (6) Workplace service information.--The State office shall produce and disseminate information to the entities described in paragraph (4) and the general public on workplace services, including the need for and means of implementing workplace education programs, the introduction of new technologies, and the reorganization of work. (7) Sources of expertise and technical assistance.--The State office shall-- (A) identify Federal, State, and local sources of expertise and technical assistance that can assist small businesses in implementing workplace education programs, the introduction of new technologies, and the reorganization of work; and (B) develop cooperative and collaborative relationships with such sources of expertise. (8) Research and demonstration programs.--The State office shall conduct research and demonstration programs to promote the understanding and acceptance of workplace education and encourage the use of and improvement of state-of-the-art workplace services. (9) Statewide or regional training programs.--The State office shall, in conjunction with the Federal office and workforce specialists, conduct Statewide or regional training programs for teachers and administrators at institutions of higher education, small businesses, labor organizations, community-based organizations, and other individuals and entities that are engaged, or wish to become engaged, in the provision of workplace services. (10) Supplemental grant program.-- (A) In general.--(i) Subject to clause (ii), the State office shall provide grants to small businesses for the purpose of improving the productivity of such businesses. (ii) The State office shall use not more than 15 percent of amounts received from a grant under section 201(a) to provide grants under clause (i). (B) Application.--To receive a grant under subparagraph (A)(i), a small business shall submit an application to the State office at such time, in such form, and containing such information as the office may reasonably require. (C) Use of funds.--Grants made under subparagraph (A)(i) may be used by a small business only to-- (i) carry out workplace education programs at such business; (ii) introduce new technologies at such business; and (iii) provide for the reorganization of work at such business. (D) Amount of grant.--The State office may not make grants under subparagraph (A)(i) to any small business in an amount equal to or more than $25,000. (E) Allocation.--The State office shall provide at least 60 percent of amounts used to provide grants under subparagraph (A)(i) to small businesses with 50 or fewer employees. (11) Evaluations.--At the end of each fiscal year in which the Secretary makes payments to a State under a grant under section 201(a), the State office in such State shall conduct a quantitative evaluation of the effectiveness of the program established under subsection (a) in improving corporate productivity through workplace education, the introduction of new technologies, and the reorganization of work. (c) Administrative Costs.--Of the amount received by a State from a grant under section 201(a) for any fiscal year, not more than 10 percent of such amount may be used to pay the administrative costs of the program established under subsection (a). SEC. 204. MATCHING FUNDS. The Secretary may not make a grant to a State under section 201(a) unless such State agrees to provide non-Federal funds for the purpose of conducting the program under section 203(b) in an amount equal to not less than 20 percent of the Federal funds provided to the State in each of the first two fiscal years that it receives amounts from a grant, and not less than 30 percent of the Federal funds that the State receives from such grant in each subsequent fiscal year. SEC. 205. ALLOCATION. (a) In General.--In providing grants under section 201(a), the Secretary shall award grants in a greater amount to States with larger populations, as determined by the Secretary. (b) Limitation.--The Secretary may not provide grants under section 201(a) in a fiscal year to any State in an amount totaling more than 10 percent of amounts appropriated pursuant to section 4(a)(2) for that fiscal year. SEC. 206. MAINTENANCE OF EFFORT. The Secretary may not make a grant to a State under section 201(a) unless such State agrees to maintain its aggregate expenditures for programs to improve the productivity of small businesses in such State at or above the average level of such expenditures in the fiscal year preceding the fiscal year for which the State is applying to receive the grant. SEC. 207. STATE REPORTS. The Secretary may not make a grant to a State under section 201(a) unless such State agrees to submit to the Secretary, in each fiscal year in which the Secretary makes payments under such grant to such State, a report containing-- (1) a description of the program established by such State under section 203(a), including a summary of the evaluation of such program conducted under section 203(b)(11); (2) the number of small businesses receiving assistance under such program; and (3) any other information as the Secretary may reasonably require. HR 91 IH----2 | Workplace Education and High Performance Workforce Act of 1993 - Authorizes appropriations. Title I: Office of Workplace Education and High Performance Work - Directs the Secretary of Labor to establish in the Employment and Training Administration an Office of Workplace Education and High Performance Work to provide workplace education and other services for small businesses. Requires the establishment of standards for workforce specialists, research on implementation of workplace education, and dissemination of information on the introduction of new technologies and the reorganization of work by small businesses. Requires annual reports. Title II: Workplace Education and Workforce Grant Program - Requires the Secretary to make grants to States to establish workplace service programs to improve the productivity of small businesses in such States. Requires each State receiving such a grant to establish a State office of workplace education and high performance work. Requires such State office to: (1) establish workplace service districts throughout the State; (2) hire workforce specialists; and (3) place one of them, including necessary support staff, in one of the institutions of higher education located in each district. Requires the State office to make supplemental grants to eligible small businesses. Sets forth limitations on grants and on administrative costs. Requires grant allocations to States to be based on population, but limits the percentage of funds which may go to any one State. Sets forth maintenance of effort requirements. Requires annual grant program reports and evaluations by States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Oral History Project Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) Military service during a time of war is the highest sacrifice a citizen may make for his or her country. (2) 4,700,000 Americans served in World War I, 16,500,000 Americans served in World War II, 6,800,000 Americans served in the Korean Conflict, 9,200,000 Americans served in the Vietnam Conflict, 3,800,000 Americans served in the Persian Gulf War, and countless other Americans served in military engagements overseas throughout the 20th century. (3) The Department of Veterans Affairs reports that there are almost 19,000,000 war veterans living in this Nation today. (4) Today there are only approximately 3,400 living veterans of World War I, and of the some 6,000,000 veterans of World War II alive today, almost 1,500 die each day. (5) Oral histories are of immeasurable value to historians, researchers, authors, journalists, film makers, scholars, students, and citizens of all walks of life. (6) War veterans possess an invaluable resource in their memories of the conflicts in which they served, and can provide a rich history of our Nation and its people through the retelling of those memories, yet frequently those who served during times of conflict are reticent to family and friends about their experiences. (7) It is in the Nation's best interest to collect and catalog oral histories of American war veterans so that future generations will have original sources of information regarding the lives and times of those who served in war and the conditions under which they endured, so that Americans will always remember those who served in war and may learn first-hand of the heroics, tediousness, horrors, and triumphs of war. (8) The Library of Congress, as the Nation's oldest Federal cultural institution and largest and most inclusive library in human history (with nearly 119,000,000 items in its multimedia collection) is an appropriate repository to collect, preserve, and make available to the public an archive of these oral histories. The Library's American Folklife Center has expertise in the management of documentation projects and experience in the development of cultural and educational programs for the public. (b) Purpose.--It is the purpose of this Act to create a new federally sponsored, authorized, and funded program that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of American war veterans, and to assist and encourage local efforts to preserve the memories of this Nation's war veterans so that Americans of all current and future generations may hear directly from veterans and better appreciate the realities of war and the sacrifices made by those who served in uniform during wartime. SEC. 3. ESTABLISHMENT OF PROGRAM AT AMERICAN FOLKLIFE CENTER TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF VETERANS. (a) In General.--The Director of the American Folklife Center at the Library of Congress shall establish an oral history program-- (1) to collect video and audio recordings of personal histories and testimonials of veterans of the Armed Forces who served during a period of war; (2) to create a collection of the recordings obtained (including a catalog and index) which will be available for public use through the National Digital Library of the Library of Congress and such other methods as the Director considers appropriate to the extent feasible subject to available resources; and (3) to solicit, reproduce, and collect written materials (such as letters and diaries) relevant to the personal histories of veterans of the Armed Forces who served during a period of war and to catalog such materials in a manner the Director considers appropriate, consistent with and complimentary to the efforts described in paragraphs (1) and (2). (b) Use of and Consultation With Other Entities.--The Director may carry out the activities described in paragraphs (1) and (3) of subsection (a) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the program under this Act. (c) Timing.--As soon as practicable after the enactment of this Act, the Director shall begin collecting video and audio recordings under subsection (a)(1), and shall attempt to collect the first such recordings from the oldest veterans. SEC. 4. PRIVATE SUPPORT. (a) Acceptance of Donations.--The Librarian of Congress may solicit and accept donations of funds and in-kind contributions to carry out the oral history program under section 3. (b) Establishment of Separate Gift Account.--There is established in the Treasury (among the accounts of the Library of Congress) a gift account for the oral history program under section 3. (c) Dedication of Funds.--Notwithstanding any other provision of law-- (1) any funds donated to the Librarian of Congress to carry out the oral history program under section 3 shall be deposited entirely into the gift account established under subsection (b); (2) the funds contained in such account shall be used solely to carry out the oral history program under section 3; and (3) the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of carrying out the oral history program under section 3. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $250,000 for fiscal year 2001; and (2) such sums as may be necessary for each succeeding fiscal year. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Establishes a gift account for the program in the Treasury.Authorizes appropriations. |
SECTION 1. RESTRICTIONS. The Secretary of Commerce may not-- (1) discontinue the Survey of Income and Program Participation, (2) make any change in the design or content of such Survey, or (3) allow any of the foregoing, unless the discontinuation or change involved has first been approved in accordance with section 2. SEC. 2. PROPOSED ACTIONS. (a) In General.--Whenever in the judgment of the Secretary of Commerce it becomes necessary to discontinue the Survey of Income and Program Participation or to make any change in the design or content of the Survey of Income and Program Participation, he shall prepare a written proposal under this subsection. Such proposal-- (1) shall include-- (A) a description of the specific actions proposed to be taken; (B) the date or schedule for their proposed implementation; and (C) the reasons or justification for each proposed action; and (2) shall be submitted by the Secretary of Commerce to the SIPP Commission (established by section 3) in such time, form, and manner as the Commission may require. (b) Consideration and Decision.--The SIPP Commission shall promptly consider any proposal received under subsection (a) and, after appropriate deliberation, shall transmit its decision to approve or disapprove such proposal to the Secretary of Commerce in timely fashion. Any such decision shall be in writing and shall include a statement of reasons and justification. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established a commission to be known as the ``Commission on the Survey of Income and Program Participation'' (in this Act referred to as the ``SIPP Commission'' or the ``Commission''). (b) Composition.--The Commission shall be composed of-- (1) the Director of the Office of Management and Budget, who shall serve ex officio; (2) 1 member from the Department of Agriculture, who shall be appointed by the Secretary of Agriculture; (3) 1 member from the Department of Labor, who shall be appointed by the Secretary of Labor; (4) 1 member from the Department of Energy, who shall be appointed by the Secretary of Energy; (5) 1 member from the Department of Health and Human Services, who shall be appointed by the Secretary of Health and Human Services; (6) 1 member from the Social Security Administration, who shall be appointed by the Commissioner of Social Security; (7) 1 member from the Bureau of the Census, who shall be appointed by the Secretary of Commerce in consultation with the Director of the Census; and (8) 2 members from the National Academy of Sciences, who shall be appointed by the Director of the Office of Management and Budget from among individuals recommended by the Council of the National Academy of Sciences. All appointments to the Commission shall be made from among social scientists and statisticians who have experience analyzing longitudinal household data on economic well-being and participation in government programs. (c) Terms of Appointees.-- (1) In general.--Except as provided in paragraph (2), each member who is appointed to the Commission shall be appointed for a term of 2 years. (2) Vacancies.-- (A) In general.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (B) Service after term ends.--A member may serve after the expiration of that member's term until a successor has taken office. (C) Manner of appointment.--A vacancy among any of the appointed members shall be filled in the manner in which the original appointment was made. (d) Chairman.--The Director of the Office of Management and Budget shall serve as Chairman of the Commission. (e) Functions.-- (1) In general.--It shall be the function of the Commission to consider and act on any proposal relating to the Survey of Income and Program Participation (described in section 2(a)) in accordance with section 2(b). (2) Nondelegable functions.--The functions of the Director of the Office of Management and Budget under this Act shall be nondelegable. (f) Procedures.--The Commission shall meet at the call of the Chairman of the Commission. A majority of the members of the Commission who are eligible to vote shall constitute a quorum. All members except those under paragraphs (1) and (8), respectively, of subsection (b) shall be eligible to vote. (g) Compensation.--Members of the Commission shall serve as such without pay, but shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons serving intermittently in Government service are allowed travel expenses under section 5703 of title 5, United States Code. SEC. 4. EFFECTIVE DATE. This Act shall take effect as of the date of the enactment of this Act or September 30, 2006, whichever is earlier. | Prohibits the Secretary of Commerce from: (1) discontinuing the Survey of Income and Program Participation; (2) making any change in the design or content of such Survey; or (3) allowing any of the foregoing unless the discontinuation or change involved has first been approved in accordance with this Act. Provides that whenever, in the judgment of the Secretary, it becomes necessary to discontinue the Survey of Income and Program Participation (SIPP), or to make any change in its design or content, the Secretary shall prepare a written proposal. Establishes the Commission on the Survey of Income and Program Participation (SIPP Commission) to consider and act on any proposal relating to the SIPP in accordance with this Act. Requires the SIPP Commission to consider promptly any proposal received under this Act and, after appropriate deliberation, transmit its decision of approval or disapproval to the Secretary in a timely fashion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Automobile Fuel Efficiency Improvements Act of 2003''. SEC. 2. PHASED INCREASES IN FUEL ECONOMY STANDARDS. (a) Passenger Automobiles.-- (1) Minimum standards.--Subsection (b) of section 32902 of title 49, United States Code, is amended to read as follows: ``(b) Passenger Automobiles.--Except as otherwise provided under this section, the average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year-- ``(1) after model year 1984 and before model year 2006 shall be 25 miles per gallon; ``(2) after model year 2005 and before model year 2009 shall be 28 miles per gallon; ``(3) after model year 2008 and before model year 2012 shall be 32 miles per gallon; ``(4) after model year 2011 and before model year 2015 shall be 36 miles per gallon; and ``(5) after model year 2014 shall be 40 miles per gallon.''. (2) Higher standards set by regulation.--Subsection (c) of such section is amended-- (A) in the first sentence of paragraph (1)-- (i) by striking ``Subject to paragraph (2) of this subsection, the'' and inserting ``The''; and (ii) by striking ``amending the standard'' and inserting ``increasing the standard otherwise applicable''; (B) by striking paragraph (2); and (C) by designating the text composed of the second and third sentences of paragraph (1) as paragraph (2) and realigning such paragraph, as so designated, flush with the left margin. (b) Non-Passenger Automobiles.--Subsection (a) of such section is amended-- (1) by striking ``At least 18 months before each model year,'' and inserting the following: ``(1) The average fuel economy standard applicable for automobiles (except passenger automobiles) manufactured by a manufacturer in a model year-- ``(A) after model year 1984 and before model year 2006 shall be 17 miles per gallon; ``(B) after model year 2005 and before model year 2009 shall be 19 miles per gallon; ``(C) after model year 2008 and before model year 2012 shall be 21.5 miles per gallon; ``(D) after model year 2011 and before model year 2015 shall be 24.5 miles per gallon; and ``(E) after model year 2014 shall be 27.5 miles per gallon, except as provided under paragraph (2). ``(2) At least 18 months before the beginning of each model year after model year 2015,''; and (2) by adding at the end the following new paragraph: ``(3) If the Secretary does not increase the average fuel economy standard applicable under paragraph (1)(E) or (2), or applicable to any class under paragraph (2), within 24 months after the latest increase in the standard applicable under paragraph (1)(E) or (2), the Secretary shall submit to Congress a report containing an explanation of the reasons for not increasing the standard. The report shall be submitted not later than 90 days after the expiration of the 24-month period.''. SEC. 3. INCREASED INCLUSIVENESS OF DEFINITIONS OF AUTOMOBILE AND PASSENGER AUTOMOBILE. (a) Automobile.-- (1) In general.--Paragraph (3) of section 32901(a) of title 49, United States Code, is amended-- (A) by striking ``6,000 pounds'' each place it appears in subparagraphs (A) and (B) and inserting ``12,000 pounds''; and (B) in subparagraph (B)-- (i) by striking ``10,000 pounds'' and inserting ``14,000 pounds''; and (ii) in clause (ii), by striking ``an average fuel economy standard'' and all that follows through ``conservation or''. (2) Special rule.--Section 32908(a)(1) of such title is amended by striking ``8,500 pounds'' and inserting ``14,000 pounds''. (b) Passenger Automobile.--Paragraph (16) of section 32901(a) of such title is amended to read as follows: ``(16) `passenger automobile'-- ``(A) means, except as provided in subparagraph (B), an automobile having a gross vehicle weight of 12,000 pounds or less that is designed to be used principally for the transportation of persons; but ``(B) does not include-- ``(i) a vehicle that has a primary load carrying device or container attached; ``(ii) a vehicle that has a seating capacity of more than 12 persons; ``(iii) a vehicle that has a seating capacity of more than 9 persons behind the driver's seat; or ``(iv) a vehicle that is equipped with a cargo area of at least 6 feet in interior length that does not extend beyond the frame of the vehicle and is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment.''. (c) Applicability.--The amendments made by this section shall apply with respect to automobiles manufactured for model years after the automobile model year in which this Act is enacted. SEC. 4. CIVIL PENALTIES. (a) Increased Penalty for Violations of Fuel Economy Standards.-- Subsection (b) of section 32912 of title 49, United States Code, is amended-- (1) by inserting ``(1)'' after ``Standards.--''; (2) by striking ``$5'' and inserting ``the dollar amount applicable under paragraph (2)''; (3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (4) by adding at the end the following new paragraph: ``(2)(A) The dollar amount referred to in paragraph (1) is $10, as increased from time to time under subparagraph (B). ``(B) Effective on October 1 of each year, the dollar amount applicable under subparagraph (A) shall be increased by the percentage (rounded to the nearest one-tenth of one percent) by which the price index for July of such year exceeds the price index for July of the preceding year. The amount calculated under the preceding sentence shall be rounded to the nearest $0.10. ``(C) In this paragraph, the term `price index' means the Consumer Price Index for all-urban consumers published monthly by the Department of Labor.''. (b) Conforming Amendment.--Subsection (c)(1) of such section is amended-- (1) by striking subparagraph (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (c) Applicability.--The amendments made by subsection (a) shall apply with respect to automobiles manufactured for model years after the automobile model year in which this Act is enacted. SEC. 5. ACCURATE FUEL ECONOMY TESTING. (a) Biennial Report on Testing Quality.-- (1) Requirement for report.-- (A) In general.--Chapter 329 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 32920. Biennial report on testing quality ``(a) Requirement for Report.--Not later than October 1 of each odd-numbered year, the Secretary of Transportation shall submit to Congress a report on the quality of the testing for determining automobile fuel economy under this chapter for all currently available technologies for autmobiles. ``(b) Content of Report.--The report shall include the following information: ``(1) An assessment of the accuracy of the fuel economy determined for automobiles in relation to actual highway and road vehicle fuel economy. ``(2) A discussion of changes in testing methodology that are planned to be made, together with an assessment of the effects that such changes are expected to have on the accuracy of the measures of automobile fuel economy resulting from the use of the testing methodology as changed. ``(c) Consultation Requirement.--The Secretary of Transportation and the Administrator of the Environmental Protection Agency shall consult on the preparation of the biennial report under this section.''. (B) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``32920. Biennial report on testing quality.''. (2) First report.--The first report under section 32920 of title 49, United States Code, as added by paragraph (1), shall be submitted to Congress in 2005. (b) Improvement of Process for Measuring Fuel Economy.-- (1) Study.-- (A) Requirement for study.--The Secretary of Transportation shall provide for the John A. Volpe National Transportation Systems Center to carry out a study-- (i) to determine what practicable automobile fuel economy testing process provides the most accurate measures of actual automobile fuel economy in highway use, in urban use, and in combined highway and in urban use; and (ii) to compare the average automobile fuel economy ratings calculated under the testing process determined under clause (i) for each category of automobile use described in that clause with the corresponding automobile fuel economy ratings calculated under the testing process in use under chapter 329 of title 49, United States Code, on the date of the enactment of this Act. (B) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under subparagraph (A). The report shall include the following: (i) Determinations.--The determination and comparisons made under clauses (i) and (ii) of subparagraph (A). (ii) Estimate of equivalent fuel economy.-- An estimate of the average adjustment to automobile fuel economy ratings calculated under the testing process used for the purposes of chapter 329 of title 49, United States Code, as of the date of enactment of this Act that is needed to conform those ratings closely to the automobile fuel economy ratings calculated under the testing process determined most accurate under subparagraph (A)(i). (2) Testing procedure revision.-- (A) Requirement for revised procedure.--Not later than 180 days after the report required under paragraph (1)(B) is submitted to Congress, the Secretary of Transportation shall prescribe in regulations-- (i) a revised testing procedure for accurately measuring the actual automobile fuel economy of each model of automobile; and (ii) a requirement that the revised testing procedure be applied for the purposes of chapter 329 of title 49, United States Code, to determine the average fuel economy of the automobiles manufactured in model years after model year 2006. (B) Model for revised procedure.--The testing procedure prescribed under subparagraph (A) shall be based on the testing process identified in the report required under paragraph (1)(B) as providing the most accurate measures of actual automobile fuel economy. (3) Comparable adjustment in average fuel economy standards.-- (A) Requirement for adjustment.--For automobiles manufactured in model years after model year 2006, the Secretary of Transportation shall amend each average fuel economy standard prescribed under section 32902 of title 49, United States Code, to take into account improved accuracy in the calculation of automobile fuel economy that results from use of the revised testing procedure applied as required under paragraph (2). (B) Condition.--The Secretary shall ensure that each average fuel economy standard applied as amended under subparagraph (A) is at least as stringent as the corresponding average fuel economy standard that the Secretary would have applied under section 32902 of title 49, United States Code, if the fuel economy testing procedure had not been revised as required under paragraph (2). SEC. 6. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES. Section 32917 of title 49, United States Code, is amended-- (1) in paragraph (1) of subsection (b)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``passenger''; and (ii) by striking ``to achieve'' and all that follows and inserting ``to achieve--''; and (B) by striking subparagraphs (A) and (B) and inserting the following: ``(A) in the case of non-passenger automobiles, a fleet average fuel economy for that year of at least the average fuel economy standard applicable under subsection (a) of section 32902 of this title for the model year that includes January 1 of that fiscal year; and ``(B) in the case of passenger automobiles, a fleet average fuel economy for that year of at least the average fuel economy standard applicable under subsection (b) or (c) of such section for such model year.''; (2) in paragraph (2) of subsection (b)-- (A) by striking ``Fleet average fuel economy is--'' and inserting ``For the purposes of paragraph (1), the fleet average fuel economy of non-passenger or passenger automobiles in a fiscal year is--''; (B) in subparagraph (A)-- (i) by striking ``passenger automobiles'' and inserting ``the non-passenger automobiles or passenger automobiles, respectively, that are''; and (ii) by striking ``in a fiscal year'' and inserting ``in such fiscal year''; and (C) in subparagraph (B), by inserting ``such'' after ``the number of''; and (3) by adding at the end the following new subsection: ``(c) Minimum Number of Exceptionally Fuel-Efficient Vehicles.--The President shall prescribe regulations that require that-- ``(1) at least 20 percent of the passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year have a vehicle fuel economy rating that is at least 5 miles per gallon higher than the average fuel economy standard applicable to the automobile under subsection (b) or (c) of section 32902 of this title for the model year that includes January 1 of that fiscal year; and ``(2) beginning in fiscal year 2009, at least 10,000 vehicles in the fleet of automobiles used by executive agencies in a fiscal year have a vehicle fuel economy at least 5 miles per gallon higher than the average fuel economy standards applicable to such automobiles under section 32902 of this title for the model year that includes January 1 of that fiscal year.''. | Automobile Fuel Efficiency Improvements Act of 2003 - Amends the Federal transportation code to phase in an increase in average fuel economy standards: (1) from 25 miles per gallon for passenger automobiles manufactured between model years 1984 and 2006 to 40 miles per gallon for those manufactured after model year 2014; and (2) from 17 miles per gallon for non-passenger automobiles manufactured between model years 1984 and 2006 to 27.5 miles per gallon for those manufactured after model year 2014. Requires the Secretary of Transportation to prescribe such standards for non-passenger automobiles at least 18 months before the beginning of each model year after model year 2015. Revises the definitions of automobile and passenger automobile, increasing the weight standards and seating capacity. Increases the civil penalties for violations of fuel economy standards. Requires the Secretary of Transportation to: (1) report biennially to Congress on the quality of the automobile fuel economy testing for all currently available automobile technologies; and (2) provide for the John A. Volpe National Transportation Systems Center to study what practicable automobile fuel economy testing process provides the most accurate measures of actual automobile fuel economy in highway use, in urban use, and in combined highway and in urban use. Directs the Secretary to prescribe: (1) a revised testing procedure for accurately measuring the actual automobile fuel economy of each automobile model, based on the latter study; and (2) amended average fuel economy standards taking into account improved accuracy in their calculation resulting from use of such procedure. Amends the Federal transportation code to revise requirements for the fleet average fuel economy standards for U.S. executive agency automobiles, both passenger and non-passenger. Directs the President to prescribe regulations that require a specified minimum number of exceptionally fuel-efficient vehicles leased or bought by U.S. executive agencies. |
SECTION 1. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE TO COUNTRIES THAT DENY OR UNREASONABLY DELAY THE ACCEPTANCE OF NATIONALS WHO HAVE BEEN ORDERED REMOVED FROM THE UNITED STATES. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 136. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE TO COUNTRIES THAT DENY OR UNREASONABLY DELAY THE REPATRIATION OF NATIONALS WHO HAVE BEEN ORDERED REMOVED FROM THE UNITED STATES. ``(a) In General.--Except as otherwise provided under this section, funds made available under this Act may not be dispersed to a foreign country that refuses or unreasonably delays the acceptance of an alien who-- ``(1) is a citizen, subject, national, or resident of such country; and ``(2) has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.). ``(b) Defined Term.--In this section and in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)), a country is deemed to have refused or unreasonable delayed the acceptance of an alien who is a citizen, subject, national, or resident if the country does not accept the alien within 90 days of receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request. ``(c) Quarterly Reports.--Not later than 90 days after the date of enactment of this section, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Senate and the House of Representatives that-- ``(1) lists all the countries which refuse or unreasonably delay repatriation (as defined in subsection (b)); and ``(2) includes the total number of aliens who were refused repatriation, organized by-- ``(A) country; ``(B) detention status; and ``(C) criminal status. ``(d) Issuance of Travel Documents.--If a country is listed in a report submitted under subsection (c), the country shall be subject to the sanctions described in subsection (a) and in section 243(d) of the Immigration and Nationality Act unless the country issues appropriate travel documents-- ``(1) not later than 100 days after the submission of such report on behalf of all aliens described in subsection (a) who have been convicted of a crime committed while in the United States; and ``(2) not later than 200 days after the submission of such report on behalf of all other aliens described in subsection (a). ``(e) Waiver.-- ``(1) Request.--The President or a member of the President's cabinet who has been designated by the President, may submit a written request to Congress that this section be waived, wholly or in part, with respect to any country. ``(2) Resolution of approval.--Not later than 7 legislative days after the receipt of a waiver request under paragraph (1), the Senate and the House of Representatives shall vote on a joint resolution authorizing the waiver request. ``(3) Effect of failure to vote.--If the Senate or the House of Representatives fails to vote on the joint resolution described in paragraph (2) before the end of the time period specified in paragraph (2), the waiver request is effectively denied. ``(f) Standing.--A victim or an immediate family member of a victim of a crime committed by any alien described in subsection (a) after such alien has been issued a final order of removal shall have standing to sue in any Federal district court to enforce the provisions of this section and the provisions of section 243(d) of the Immigration and Nationality Act. No attorney's fees or monetary judgments may be awarded in a suit filed under this subsection.''. SEC. 2. DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIENS. Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended to read as follows: ``(d) Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Aliens.-- ``(1) In general.--If a country is listed on the most recent report submitted by the Secretary of Homeland Security to Congress under section 136(c) of the Foreign Assistance Act of 1961, the Secretary may not issue a visa to a subject, national, or resident of such country unless-- ``(A) the country is in full compliance with section 136(d) of such Act; or ``(B) Congress passes a joint resolution providing for the waiver of this subsection with respect to such country. ``(2) Effect of unauthorized issuance.--Any visa issued in violation of this paragraph shall be null and void. ``(3) Waiver.-- ``(A) Request.--The President or a member of the President's cabinet who has been designated by the President, may submit a written request to Congress that this subsection be waived, wholly or in part, with respect to any country. ``(B) Resolution of approval.--Not later than 7 legislative days after the receipt of a request described in subparagraph (A), the Senate and the House of Representatives shall vote on a joint resolution authorizing the waiver request. ``(C) Effect of failure to vote.--If the Senate or the House of Representatives fails to vote on the joint resolution described in subparagraph (B), the waiver request is effectively denied. ``(4) Standing.--A victim or an immediate family member of a victim of a crime committed by any alien described in section 136(a) of the Foreign Assistance Act of 1961 after such alien has been issued a final order of removal shall have standing to sue in any Federal district court to enforce the provisions of this subsection. No attorney's fees or monetary judgments may be awarded in a suit filed under this subsection.''. | Amends the Foreign Assistance Act of 1961 to prohibit funds from being dispersed to a country that denies or unreasonably delays the acceptance of its citizens, nationals, or residents who have been ordered removed under the Immigration and Nationality Act (INA) from the United States. Amends INA to prohibit visa issuance to citizens, nationals, or residents of such country unless: (1) the country is in full compliance with travel document requirements under this Act; or (2) Congress waives such prohibition. Requires the Secretary of Homeland Security to report to Congress every three months listing countries that deny or delay such repatriation. Imposes assistance and visa prohibitions on a listed country that does not issue appropriate travel documents for such aliens. Authorizes presidential waiver of such assistance and visa prohibitions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ponce de Leon Discovery of Florida Quincentennial Commission Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon established under section 3(a). (2) Governor.--The term ``Governor'' means the Governor of the State of Florida. (3) Quincentennial.--The term ``Quincentennial'' means the 500th anniversary of the discovery of Florida by Ponce de Leon. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon''. (b) Duties.--The Commission shall plan, encourage, coordinate, and conduct the commemoration of the Quincentennial. (c) Membership.-- (1) Composition.--The Commission shall be composed of 10 members, including-- (A) 2 members, to be appointed by the President, on the recommendation of the Majority Leader and the Minority Leader of the Senate; (B) 2 members, to be appointed by the President, on the recommendation of the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and (C) 4 members, to be appointed by the President, taking into consideration the recommendations of the Governor, the Director of the National Park Service, and the Secretary of the Smithsonian Institution. (2) Criteria.--A member of the Commission shall be chosen from among individuals that have demonstrated a strong sense of public service, expertise in the appropriate professions, scholarship, and abilities likely to contribute to the fulfillment of the duties of the Commission. (3) Date of appointments.--Not later than 60 days after the date of enactment of this Act, the members of the Commission described in paragraph (1) shall be appointed. (d) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancy.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (f) Meetings.--The Commission shall meet annually at the call of the co-chairpersons described under subsection (h). (g) Quorum.--A quorum of the Commission for decision making purposes shall be 5 members, except that a lesser number of members, as determined by the Commission, may conduct meetings. (h) Co-chairpersons.--The President shall designate 2 of the members of the Commission as co-chairpersons of the Commission. SEC. 4. DUTIES. (a) In General.--The Commission shall-- (1) plan and develop activities appropriate to commemorate the Quincentennial including a limited number of proposed projects to be undertaken by the appropriate Federal departments and agencies that commemorate the Quincentennial by seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education; (2) consult with and encourage appropriate Federal departments and agencies, State and local governments, Indian tribal governments, elementary and secondary schools, colleges and universities, foreign governments, and private organizations to organize and participate in Quincentennial activities commemorating or examining-- (A) the history of Florida; (B) the discovery of Florida; (C) the life of Ponce de Leon; (D) the myths surrounding Ponce de Leon's search for gold and for the ``fountain of youth''; (E) the exploration of Florida; and (F) the beginnings of the colonization of North America; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida. (b) Reports.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a comprehensive report that includes specific recommendations for-- (A) the allocation of financial and administrative responsibility among participating entities and persons with respect to commemoration of the Quincentennial; and (B) the commemoration of the Quincentennial and related events through programs and activities, including-- (i) the production, publication, and distribution of books, pamphlets, films, electronic publications, and other educational materials focusing on the history and impact of the discovery of Florida on the United States and the world; (ii) bibliographical and documentary projects, publications, and electronic resources; (iii) conferences, convocations, lectures, seminars, and other programs; (iv) the development of programs by and for libraries, museums, parks and historic sites, including international and national traveling exhibitions; (v) ceremonies and celebrations commemorating specific events; (vi) the production, distribution, and performance of artistic works, and of programs and activities, focusing on the national and international significance of the discovery of Florida; and (vii) the issuance of commemorative coins, medals, certificates of recognition, and stamps. (2) Annual report.--The Commission shall submit an annual report that describes the activities, programs, expenditures, and donations of or received by the Commission to-- (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (3) Final report.--Not later than December 31, 2013, the Commission shall submit a final report that describes the activities, programs, expenditures, and donations of or received by the Commission to-- (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (c) Assistance.--In carrying out this Act, the Commission shall consult, cooperate with, and seek advice and assistance from appropriate Federal departments and agencies, including the Department of the Interior. (d) Coordination of Activities.--In carrying out the duties of the Commission, the Commission, in consultation with the Secretary of State, may coordinate with the Government of Spain and political subdivisions in Spain for the purposes of exchanging information and research and otherwise involving the Government of Spain, as appropriate, in the commemoration of the Quincentennial. SEC. 5. POWERS OF THE COMMISSION. (a) In General.--The Commission may provide for-- (1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects that will contribute to public awareness of, and interest in, the Quincentennial, except that any commemorative coin, medal, or postage stamp recommended to be issued by the United States shall be sold only by a Federal department or agency; (2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the Quincentennial; (3) a Quincentennial calendar or register of programs and projects; (4) a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of Quincentennial historical and commemorative significance; and (5) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the Quincentennial and shall establish procedures regarding their use. (b) Advisory Committee.--The Commission may appoint such advisory committees as the Commission determines necessary to carry out the purposes of this Act. SEC. 6. ADMINISTRATION. (a) Location of Office.-- (1) Principal office.--The principal office of the Commission shall be in St. Augustine, Florida. (2) Satellite office.--The Commission may establish a satellite office in Washington, D.C. (b) Staff.-- (1) Appointment of director and deputy director.-- (A) In general.--The co-chairpersons, with the advice of the Commission, may appoint and terminate a director and deputy director without regard to the civil service laws (including regulations). (B) Delegation to director.--The Commission may delegate such powers and duties to the director as may be necessary for the efficient operation and management of the Commission. (2) Staff paid from federal funds.--The Commission may use any available Federal funds to appoint and fix the compensation of not more than 4 additional personnel staff members, as the Commission determines necessary. (3) Staff paid from non-federal funds.--The Commission may use any available non-Federal funds to appoint and fix the compensation of additional personnel. (4) Compensation.-- (A) Members.-- (i) In general.--A member of the Commission shall serve without compensation. (ii) 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. (B) Staff.-- (i) In general.--The co-chairpersons of the Commission may fix the compensation of the director, deputy 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. (ii) Maximum rate of pay.-- (I) Director.--The rate of pay for the director shall not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (II) Deputy director.--The rate of pay for the deputy director shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (III) Staff members.--The rate of pay for staff members appointed under paragraph (2) shall not exceed the rate payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Detail of Federal Government Employees.-- (1) In general.--On request of the Commission, the head of any Federal agency or department may detail any of the personnel of the agency or department to the Commission to assist the Commission in carrying out this Act. (2) Reimbursement.--A detail of personnel under this subsection shall be without reimbursement by the Commission to the agency from which the employee was detailed. (3) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (d) Other Revenues and Expenditures.-- (1) In general.--The Commission may procure supplies, services, and property, enter into contracts, and expend funds appropriated, donated, or received to carry out contracts. (2) Donations.-- (A) In general.--The Commission may solicit, accept, use, and dispose of donations of money, property, or personal services. (B) Limitations.--Subject to subparagraph (C), the Commission shall not accept donations-- (i) the value of which exceeds $50,000 annually, in the case of donations from an individual; or (ii) the value of which exceeds $250,000 annually, in the case of donations from a person other than an individual. (C) Nonprofit organization.--The limitations in subparagraph (B) shall not apply in the case of an organization that is-- (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (3) Acquired items.--Any book, manuscript, miscellaneous printed matter, memorabilia, relic, and other material or property relating to the time period of the discovery of Florida acquired by the Commission may be deposited for preservation in national, State, or local libraries, museums, archives, or other agencies with the consent of the depositary institution. (e) Postal Services.--The Commission may use the United States mail to carry out this Act in the same manner and under the same conditions as other agencies of the Federal Government. (f) Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary. SEC. 7. STUDY. The Secretary of the Interior shall-- (1) in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)), conduct a study to assess the suitability and feasibility of designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon; and (2) not later than 3 years after the date on which funds are made available to carry out the study, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes-- (A) the findings of the study; and (B) any conclusions and recommendations of the Secretary of the Interior with respect to the study. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subject to subsection (b), there is authorized to be appropriated to carry out the purposes of this Act $250,000 for each of fiscal years 2005 through 2013. (b) Availability of Funds.--Amounts appropriated under this section for any fiscal year shall remain available until December 31, 2013. SEC. 9. TERMINATION OF AUTHORITY. The authority provided by this Act terminates effective December 31, 2013. Passed the Senate October 10, 2004. Attest: EMILY J. REYNOLDS, Secretary. | Ponce de Leon Discovery of Florida Quincentennial Commission Act - Establishes the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon to plan, encourage, coordinate, and conduct the commemoration of the Quincentennial (500th anniversary) of the discovery of Florida by the Spanish explorer Ponce de Leon. Sets forth the membership composition of the Commission. Requires the appointment of Commission members not later than 60 days after the enactment of this Act. Directs the Commission to: (1) plan and develop activities for commemorating the Quincentennial; (2) consult with public and private agencies to organize and participate in Quincentennial activities; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida. Directs the Commission to submit a comprehensive report to the President, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives not later than one year after the enactment of this Act, that includes specific recommendations for: (1) the allocation of financial and administrative responsibility among entities participating in the commemoration; and (2) the commemoration of the Quincentennial and related events through various publications, programs, and activities. Requires the Commission to submit annual reports on activities, programs, expenditures and donations, and a final report by December 31, 2013. Enumerates the powers of the Commission, including powers to: (1) prepare and disseminate historical, commemorative, and informational materials and objects to promote awareness of, and interest in, the Quincentennial; (2) create competitions and awards for historical, artistic, and other works relating to the Quincentennial; and (3) establish a central clearinghouse for information relating to the Quincentennial. Sets forth administrative provisions for the Commission, including the establishment of a principal office in St. Augustine, Florida, and a satellite office in Washington, D.C. Provides for the staffing of the Commission, compensation of Commission employees, procurement authority, and authority to solicit donations. Directs the Secretary of the Interior to conduct a feasibility study for designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon, and to submit a report to Congress, with recommendations, on the findings of the study. Authorizes appropriations. Terminates the authority provided by this Act on December 31, 2013. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Base Transition Acceleration Act of 1995''. SEC. 2. REVISION OF DISPOSAL PROCESS. Section 2905(b) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph (8): ``(8)(A) Except as provided in paragraphs (1) and (9) and notwithstanding any other provision of law, the disposal of buildings and property located at installations approved for closure under this part after January 1, 1995, shall be governed by the provisions of this paragraph. No individual, group, or other entity (other than a department or agency of the Federal Government acting solely on behalf of such department or agency) may seek the use, by transfer or otherwise, of buildings and property at installations covered by this paragraph except through the redevelopment plans for such installations under this paragraph. ``(B)(i) The Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations regarding whether another department or agency of the Federal Government has identified a use for any portion of an installation covered by this paragraph, or will accept transfer of any portion of such an installation, are completed not later than 60 days after the date of approval of closure of the installation. ``(ii) Upon the completion of the determinations referred to in clause (i) with respect to an installation, the Secretary shall publish the results of the determinations in the Federal Register. In publishing such results, the Secretary shall clearly identify the buildings and property at the installation for which another department or agency has identified a use or of which another department or agency will accept transfer. ``(C)(i) Not later than 180 days after the date of completion of determinations with respect to an installation under subparagraph (B), the redevelopment authority for the installation shall prepare and submit to the Secretary a redevelopment plan for the installation. The redevelopment plan shall address the buildings and property of the installation that are not identified by the Secretary under the second sentence of subparagraph (B)(ii). ``(ii)(I) Notwithstanding section 2910(9), the redevelopment authority for an installation covered by this paragraph shall consist of any State and local governments and tribal governments affected by the closure of the installation and any United States citizens, or groups of such citizens, residing in a community in the vicinity of the installation, which governments and citizens are recognized by the Secretary as the redevelopment authority for purposes of this paragraph. ``(II) The chief executive officer of the State in which an installation covered by this paragraph is located may resolve any disputes among citizens or groups of citizens as to the individuals and groups constituting the redevelopment authority for the installation. ``(D)(i) Not later than 60 days after the date of the submittal of a redevelopment plan under subparagraph (C), the Secretary shall-- ``(I) review the plan for purposes of determining whether to accept or reject the plan; and ``(II) accept or reject the plan. ``(ii) The Secretary shall notify the redevelopment authority concerned of the acceptance or rejection of a plan by the Secretary under clause (i). If the Secretary rejects the plan, the Secretary shall set forth in the notice the reasons for rejecting the plan. ``(E) If the Secretary rejects a redevelopment plan under subparagraph (D)(i)(II), the redevelopment authority concerned may prepare and submit to the Secretary a revised redevelopment plan for the installation concerned. The redevelopment authority shall submit a revised redevelopment plan under this subparagraph, if at all, not later than 90 days after the date on which the Secretary notifies the redevelopment authority of the rejection of the plan concerned by the Secretary under subparagraph (D). ``(F)(i) Not later than 30 days after the date of the submittal of a revised redevelopment plan under subparagraph (E), the Secretary shall-- ``(I) review the plan for purposes of determining whether to accept or reject the plan; and ``(II) accept or reject the plan. ``(ii) The Secretary shall notify the redevelopment authority concerned of the acceptance or rejection of a plan by the Secretary under clause (i). ``(G)(i) The Secretary shall dispose of buildings and property at an installation covered by this paragraph-- ``(I) in the case of buildings or property for which another Federal department or agency has identified a use or of which another Federal department or agency has requested transfer under subparagraph (B), by transfer or other appropriate means of disposal of such buildings or property to the department or agency; and ``(II) in the case of buildings or property covered by the provisions of a redevelopment plan approved by the Secretary under this paragraph, in accordance with the provisions of the redevelopment plan. ``(ii) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph. ``(H) The Secretary may, in consultation with the redevelopment authority concerned, postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure of the installation.''. | Base Transition Acceleration Act of 1995 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense, with respect to the disposal of buildings and property located at military installations approved for closure under such Act after January 1, 1995, to ensure that final determinations regarding whether another Federal department or agency has identified a use for, or will accept a transfer of, any portion of such an installation are completed no later than 60 days after the date of approval of closure of the installation. Requires publication in the Federal Register of the results of such determinations. Requires the redevelopment authority (RA) for such installation, within 180 days after the completion of such determinations, to prepare and submit to the Secretary a redevelopment plan for the installation that addresses the buildings and property that are not claimed for use or transfer by another Federal department or agency. States that an RA shall consist of such State, local, or tribal governments, or citizens residing in the vicinity, of such installation. Requires the Secretary to accept or reject a redevelopment plan within 60 days of its submission, with appropriate notification to the RA. Allows an RA whose plan has been rejected to submit a revised plan for consideration within 90 days after such notification, and requires the Secretary to accept or reject such revised plan within 30 days of submission, with appropriate RA notification. Provides for disposal of an installation's buildings and property to another Federal department or agency, or in accordance with an accepted redevelopment plan, as appropriate. Allows the Secretary to postpone or extend any deadline provided under this Act if determined to be in the best interests of the communities affected by the closure of the installation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency China Trade Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States and the People's Republic of China are among the world's largest economies and are among the world's largest producers and consumers of goods. (2) The Government of the People's Republic of China has pursued an international trade policy that violates its obligations as a member of the World Trade Organization and other international organizations, which has resulted in a perpetual, historically high trade imbalance with the United States that threatens the stability of the global economy. (3) As members of both the World Trade Organization and the International Monetary Fund, the People's Republic of China has assumed a series of international legal obligations to eliminate all subsidies for exports and to facilitate international trade. The People's Republic of China has failed to do so. (4) The Chinese Government continues to maintain control over the decisions of Chinese enterprises through ownership, board membership, and coercion. (5) The Chinese Government, directly and indirectly, facilitates unfair requirements for coproduction agreements between United States companies and Chinese entities. (6) Since 1994, the People's Republic of China has repeatedly intervened in currency markets and taken measures that have significantly misaligned the value of its currency against the United States dollar and other currencies. This policy by the People's Republic of China has resulted in substantial undervaluation of the renminbi by up to 40 percent or more. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) a persistent trade deficit with the People's Republic of China is harmful to the long-term health of the United States economy and must be corrected; and (2) the President should begin immediate, expedited negotiations with the People's Republic of China that are designed to eliminate the trade deficit within 4 years. SEC. 4. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM THE PEOPLE'S REPUBLIC OF CHINA. Notwithstanding the provisions of title I of Public Law 106-286, title IV of the Trade Act of 1974, or any other provision of law, upon the expiration of the 6-month period beginning on the date of the enactment of this Act-- (1) normal trade relations treatment shall not apply to the products of the People's Republic of China, and normal trade relations treatment may not thereafter be extended to the products of that country; and (2) the column 2 rate of duty under the Harmonized Tariff Schedule of the United States shall apply to the products of the People's Republic of China. SEC. 5. BALANCED TRADE RELATIONS WITH THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--The President shall, upon the enactment of this Act, take the necessary steps to negotiate a trade relationship with the People's Republic of China that will achieve and maintain balanced trade between the United States and the People's Republic of China within four years after the date of the enactment of this Act. (b) Submission of Implementing Legislation.-- (1) In general.--Upon conclusion of the negotiations specified in subsection (a), the President shall submit implementing legislation to Congress. (2) Implementing legislation.--For purposes of this section, the term ``implementing legislation'' means legislation that only contains provisions that are necessary to carry out any agreements negotiated under subsection (a). (3) Expedited consideration.-- (A) In the house of representatives.--For the purpose of expediting the consideration and enactment of implementing legislation submitted under paragraph (1), a motion to proceed to the consideration of such implementing legislation after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (B) In the senate.--Implementing legislation submitted under paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (c) Effect of Enactment of Implementing Legislation.--Upon the enactment of implementing legislation under this section, section 4 shall cease to be effective. SEC. 6. DEFINITIONS. In this Act, the term ``balanced trade'' means a balance of trade between the United States and the People's Republic of China that ensures the value of United States goods exported from the United States, on a balance of payment basis, is equal in value to goods imported from the People's Republic of China, on a balance of payment basis. | Emergency China Trade Act of 2010 - Expresses the sense of Congress that: (1) a persistent trade deficit with the People's Republic of China (PRC) is harmful to the long-term health of the U.S. economy and must be corrected; and (2) the President should begin immediate negotiations with the PRC to eliminate the trade deficit within four years. Withdraws the extension of nondiscriminatory treatment (normal trade relations) from PRC products. Requires the President to: (1) negotiate a balanced trade relationship between the United States and the PRC within four years after enactment of this Act; and (2) submit trade implementing legislation to Congress, which shall be considered on an expedited basis. |
SECTION 1. REMEDIATION WASTE MANAGEMENT IMPROVEMENT. (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended by adding at the end the following: ``(42) Compliance authority.--The term `compliance authority' means the authority to issue, enter into, approve, enforce, and ensure compliance with a remedial action plan. ``(43) Nonprogram state.--The term `nonprogram State' means a State other than a program State. ``(44) Originating state.--The term `originating State' means a State in which remediation waste is generated under a remedial action plan. ``(45) Program state.--The term `program State' means a State that has a State remediation waste management program authorized under section 3006(i). ``(46) Remedial action plan.--The term `remedial action plan' means a document or portion of a document (including, but not limited to, an order, permit, or agreement) that-- ``(A) is issued, entered into, or approved by the Administrator or a program State; ``(B) ensures that the management of the remediation waste is performed in a manner that is protective of human health and the environment by specifying-- ``(i) the remediation waste that is the subject of the document; ``(ii) the manner in which the remediation waste will be managed; ``(iii) the methods of remediation; and ``(iv) the schedule for implementation; and ``(C) has been the subject of appropriate public notice and comment; and ``(D) provides for the exercise of compliance authority in accordance with section 3001(j)(1) and, in the case of a plan over any portion of which any other entity (a State or the Administrator) other than the entity that issued or entered into the plan is to exercise compliance authority, has the concurrence of the other entity for the portion of the plan for which the other entity has compliance authority, except that nothing in this subparagraph applies to remediation waste that is managed in accordance with subtitle C. ``(47) Remediation waste.--The term `remediation waste' means a solid waste or any medium (including ground water, surface water, soil, and sediment) generated during implementation of a remedial action plan that-- ``(A) is, or is derived from, a listed hazardous waste; ``(B) contains or is mixed with a listed hazardous waste; or ``(C) exhibits a characteristic of a hazardous waste.''. (b) Identification and Listing.--Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is amended by adding at the end the following: ``(j) Remediation Waste.-- ``(1) Compliance authority.-- ``(A) Program states.--Except as provided in section 3008, a program State shall exercise compliance authority with respect to a remedial action plan insofar as the remedial action plan describes the management of remediation waste in the program State. ``(B) Nonprogram states.--The Administrator shall exercise compliance authority with respect to a remedial action plan insofar as the remedial action plan describes the management of remediation waste in a nonprogram State. ``(C) Remediation waste managed interstate.--With respect to the management of remediation waste under a remedial action plan that provides that part of the management will be performed in another State other than the originating State-- ``(i) if the other State is a program State, the program State shall exercise compliance authority with respect to the portions of the remedial action plan describing the management of remediation waste in the other State; or ``(ii) if the other State is a nonprogram State, the Administrator shall exercise compliance authority with respect to the portions of the remedial action plan describing the management of remediation waste in the other State. ``(2) Conditional exclusion.--Notwithstanding any other provision of this subtitle, remediation waste that is managed under a remedial action plan shall not to be a hazardous waste for purposes of this subtitle.''. (c) Authorized State Hazardous Waste Remediation Programs.--Section 3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is amended by adding at the end the following: ``(i) Authorized State Remediation Waste Management Programs.-- ``(1) States with authorized hazardous waste programs.-- ``(A) Certification.--A State that has a hazardous waste program authorized under subsection (b) may submit to the Administrator a certification, supported by such documentation as the State considers to be appropriate, demonstrating that the State has-- ``(i) statutory and regulatory authority (including appropriate enforcement authority) to control the management of remediation waste from generation to final disposal in a manner that is protective of human health and the environment; ``(ii) resources in place to administer and enforce the authorities; and ``(iii) procedures to ensure public notice and opportunity for comment on remedial action plans submitted to the State. ``(B) Interim authorization.--Subject to subparagraph (C)(iii), beginning 60 days after submission of a certification under subparagraph (A), the State may proceed to carry out the remediation waste management program of the State until the Administrator issues a final determination under subparagraph (C). ``(C) Determination.-- ``(i) In general.--Not later than 18 months after the date on which a State submits to the Administrator a certification under subparagraph (A), after public notice and opportunity for comment, the Administrator shall issue to the State and publish in the Federal Register a determination that-- ``(I) the certification meets all of the criteria stated in subparagraph (A), and the State has final authorization to carry out the remediation waste management program of the State; or ``(II) the certification fails to meet 1 or more of the criteria stated in subparagraph (A), stating with particularity the elements of the State program that are considered to be deficient, and that the deficiency would be likely to result in a State remediation waste management program that is not protective of human health and the environment. ``(ii) Default.-- ``(I) In general.--Except as provided in subclause (II), if the Administrator does not issue a determination under clause (i) within 18 months after the date on which a State submits to the Administrator a certification under subparagraph (A), the certification shall be considered to meet all of the criteria stated in subparagraph (A), and the State shall have final authorization to carry out the remediation waste management program of the State. ``(II) Withdrawal of authorization.--If the Administrator subsequently withdraws authorization for a State remediation waste program in accordance with subsection (e), the Administrator shall ensure completion of any ongoing remedial action plan. ``(iii) Preliminary determination.--If the Administrator determines that-- ``(I) on preliminary review, it appears that it will likely be determined after notice and comment that a certification fails to meet 1 or more of the criteria stated in subparagraph (A); and ``(II) injury to human health or the environment would likely result from interim implementation of the State remediation waste management program under subparagraph (B), the Administrator may issue a preliminary determination to the State, and the State shall not have interim authorization under subparagraph (B). ``(2) States without authorized hazardous waste programs.-- ``(A) Certification.--A State that does not have a hazardous waste program authorized under subsection (b) may submit to the Administrator a certification, supported by such documentation as the State considers to be appropriate, demonstrating that the State has-- ``(i) statutory and regulatory authority (including appropriate enforcement authority) to control the management of remediation waste from generation to final disposal in a manner that is protective of human health and the environment; ``(ii) resources in place to administer and enforce the authorities; and ``(iii) procedures to ensure public notice and opportunity for comment on remedial action plans submitted to the State. ``(B) Interim authorization.--Beginning 1 year after a certification under subparagraph (A), the State may proceed to carry out the remediation waste management program of the State until the Administrator issues a determination under subparagraph (C). ``(C) Determination.-- ``(i) In general.--Not later than 2 years after the date on which a State submits to the Administrator a certification under subparagraph (A), after public notice and opportunity for comment, the Administrator shall issue to the State and publish in the Federal Register a determination that-- ``(I) the certification meets all of the criteria stated in subparagraph (A), and the State has final authorization to carry out the remediation waste management program of the State; or ``(II) the certification fails to meet 1 or more of the criteria stated in subparagraph (A), stating with particularity the elements of the State program that are considered to be deficient. ``(ii) Default.-- ``(I) In general.--Except as provided in subclause (II), if the Administrator does not issue a determination under clause (i) within 2 years after the date on which a State submits to the Administrator a certification under subparagraph (A), the certification shall be considered to meet all of the criteria stated in subparagraph (A), and the State shall have final authorization to carry out the remediation waste management program of the State. ``(II) Withdrawal of authority.--If the Administrator subsequently withdraws authorization for a State remediation waste management program in accordance with subsection (e), the Administrator shall ensure completion of any ongoing remedial action plan.''. (d) Enforcement.--Section 3008(a) of the Solid Waste Disposal Act (42 U.S.C. 6928(a))) is amended-- (1) in paragraph (1)-- (A) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (B) by inserting after ``subtitle'' the following: ``or any requirement contained in a remedial action plan issued or entered into by the Administrator or with respect to which the Administrator exercises compliance authority under section 3001(j)''; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) Remediation waste.-- ``(A) Notice of violation.--Notwithstanding any other provision of this section, if, on the basis of any information, the Administrator determines that a person has violated or is in violation of any requirement for the management of remediation waste contained in a remedial action plan implemented under a State remediation waste management program authorized under section 3006(i), the Administrator shall provide notice to the State in which the violation occurred or is occurring prior to commencing any action to require compliance with the requirements of the remedial action plan. ``(B) Compliance order.--If, after the 30th day after the Administrator issues a notice of violation under subparagraph (A), a State has not taken appropriate action to require compliance with requirements of the remedial action plan, the Administrator may issue an order or commence an action under paragraph (1) to enforce the remediation waste management requirements of the remedial action plan.''. (e) Release, Detection, Prevention, and Correction.--Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the following: ``(i) Petroleum-Contaminated Media and Debris.--Petroleum- contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under section 3001, and are subject to corrective action under this section, shall not be considered to be hazardous waste for purposes of subtitle C.''. | Amends the Solid Waste Disposal Act to define "remediation waste" as a solid waste or any medium generated during implementation of a remedial action plan (RAP) (a document issued, entered into, or approved by the Administrator of the Environmental Protection Agency (EPA) or a program State, as defined in this Act, to ensure that such waste is managed in a manner protective of human health and the environment). Directs a State that has a remediation waste management program authorized under this Act (a "program State") to exercise compliance with respect to a RAP in the program State. Directs the Administrator to exercise such authority with respect to a plan in a nonprogram State. Provides a rule for the management of remediation waste where a RAP provides for management of such waste in a State other than the State in which it is generated. Allows a State with a hazardous waste program authorized under the Act to obtain interim authorization to carry out its remediation waste management program after certifying to the Administrator that the State has the authority to control the management of remediation waste in a manner that is protective of human health and the environment, resources to administer and enforce such authority, and procedures to ensure public notice and opportunity for comment on RAPs submitted to the State. Provides for issuance of final authorization of the State's program by the Administrator not later than 18 months after it submits a certification. Provides a similar, but more extended procedure for remediation waste management programs of States without authorized hazardous waste programs. Provides for issuance by the Administrator of compliance orders for violations of RAP requirements, but requires notice to a State by the Administrator of violations of remedial waste management requirements contained in a RAP before commencing action to enforce compliance. Allows the Administrator to issue an order or commence an enforcement action if after 30 days the State does not take appropriate action to require compliance with RAP requirements. Excepts from hazardous waste classification petroleum-contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under hazardous waste identification and listing provisions and that are subject to corrective action under the underground storage tank provisions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Best Buddies Empowerment for People with Intellectual Disabilities Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Best Buddies operates the first national social and recreational program in the United States for people with intellectual disabilities. (2) Best Buddies is dedicated to helping people with intellectual disabilities become part of mainstream society. (3) Best Buddies is determined to end social isolation for people with intellectual disabilities by establishing meaningful friendships between them and their non-disabled peers in order to help increase the self-esteem, confidence, and abilities of people with and without intellectual disabilities. (4) Since 1989, Best Buddies has enhanced the lives of people with intellectual disabilities by providing opportunities for 1-to-1 friendships and integrated employment. (5) Best Buddies is an international organization spanning 1,300 middle school, high school, and college campuses. (6) Best Buddies implements programs that will positively impact more than 350,000 individuals in 2008 and expects to impact 500,000 people by 2010. (7) The Best Buddies Middle Schools program matches middle school students with intellectual disabilities with other middle school students and creates 1-to-1 friendships between them. (8) The Best Buddies High Schools program matches high school students with intellectual disabilities with other high school students and creates 1-to-1 friendships between them. (9) The Best Buddies Colleges program matches adults with intellectual disabilities with college students and creates 1- to-1 friendships between them. (10) The Best Buddies e-Buddies program creates e-mail friendships between people with and without intellectual disabilities. (11) The Best Buddies Citizens program pairs adults with intellectual disabilities in 1-to-1 friendships with other individuals in the corporate and civic communities. (12) The Best Buddies Jobs program promotes the integration of people with intellectual disabilities into the community through supported employment. (b) Purpose.--The purposes of this Act are to-- (1) provide support to Best Buddies to increase participation in and public awareness about Best Buddies programs that serve people with intellectual disabilities; (2) dispel negative stereotypes about people with intellectual disabilities; and (3) promote the extraordinary gifts of people with intellectual disabilities. SEC. 3. ASSISTANCE FOR BEST BUDDIES. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Best Buddies to carry out activities to promote the expansion of Best Buddies, including activities to increase the participation of people with intellectual disabilities in social relationships and other aspects of community life, including education and employment, within the United States. (b) Limitations.-- (1) In general.--Amounts appropriated to carry out this Act may not be used for direct treatment of diseases, medical conditions, or mental health conditions. (2) Administrative activities.--Not more than 5 percent of amounts appropriated to carry out this Act for a fiscal year may be used for administrative activities. (c) Rule of Construction.--Nothing in this Act shall be construed to limit the use of non-Federal funds by Best Buddies. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under section 3(a), Best Buddies shall submit an application at such time, in such manner, and containing such information as the Secretary of Education may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) A description of activities to be carried out under the grant, contract, or cooperative agreement. (B) Information on specific measurable goals and objectives to be achieved through activities carried out under the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition of receipt of any funds under section 3(a), Best Buddies shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Education for grants, contracts, or cooperative agreements under section 3(a), $10,000,000 for fiscal year 2009, and such sums as may be necessary for each of the 4 succeeding fiscal years. | Best Buddies Empowerment for People with Intellectual Disabilities Act of 2008 - Authorizes the Secretary of Education to award grants to, or enter into agreements with, Best Buddies (a nonprofit organization dedicated to helping people with intellectual disabilities mesh with mainstream society) to promote the expansion of its programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging Performance-Based Transportation Services Act of 2017''. SEC. 2. FUNDING FOR CAPITAL PROJECTS OF LEVERAGED SYSTEMS. (a) National Transit Database.--Section 5335 of title 49, United States Code, is amended by adding at the end the following: ``(d) Direct Reporting by Leveraged Systems.-- ``(1) In general.--An owner or operator of a leveraged system may submit directly to the National Transit Database data regarding the public transportation service provided by the system. ``(2) Notice to designated recipient.--On the date of a submission under paragraph (1), the owner or operator of a leveraged system shall provide to the appropriate designated recipient under section 5307, 5311, or 5339 and metropolitan planning organization a copy of the submission. ``(3) Leveraged system defined.--In this subsection, the term `leveraged system' means a provider of public transportation services, whether public or private, including commuter bus services and including services provided by a private provider of public transportation by vanpool (as defined in section 5323(i)(2)(C)), that the Secretary determines-- ``(A) is able to recover, through fare revenue or payments made directly by the provider, all operating costs associated with the services; ``(B) meets the requirements of the Federal Transit Administration with respect to the provision of the services; and ``(C) does not, through the provision of the services, negatively impact other publicly subsidized or privately provided public transportation services.''. (b) Leveraging Transit Services.--Section 5315 of title 49, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Leveraging Transit Services.-- ``(1) Passthrough.-- ``(A) Apportionments.--The data submitted by the owner or operator of a leveraged system to the National Transit Database under section 5335(d) shall be used by the Secretary in calculating apportionments for capital payments under each of sections 5307, 5311, and 5339. ``(B) Agreements.--A designated recipient that receives additional amounts in apportionments for a fiscal year as a result of data submitted to the National Transit Database by the owner or operator of a leveraged system under section 5335(d) shall enter into an agreement with the owner or operator that includes assurances that not less than 90 percent of the additional amounts will be transferred to the owner or operator if the owner or operator demonstrates that the transferred amounts will be used for capital expenditures to expand public transportation services meeting the requirements of paragraph (2) in the geographic area represented by the designated recipient. ``(2) Services.--A public transportation service meets the requirements of this paragraph unless-- ``(A) the service-- ``(i) overlaps or directly competes with a service provided by the designated recipient concerned; and ``(ii) has a direct effect on such service, including a projected ridership reduction of more than 3 percent along a corridor served by the designated recipient; or ``(B) the service is provided by a service provider that has less than 10 vehicles serving the recipient's designated area. ``(3) Local consent.-- ``(A) Opportunity to object.--During the 30-day period beginning on the date the owner or operator of a leveraged system submits data to the National Transit Database under section 5335(d), the metropolitan planning organization representing the geographic area in which the owner or operator proposes to provide expanded public transportation services using amounts made available under this subsection may submit to the Secretary a letter that-- ``(i) objects to such use of funds based on a determination by the metropolitan planning organization that the expanded public transportation services do not meet the requirements of paragraph (2); or ``(ii) objects to the use of the data in calculating apportionments based on a determination by the metropolitan planning organization that the owner or operator has not met the requirements of section 5335(d). ``(B) Effect of objection.--In carrying out this subsection, the Secretary shall take into account any letter received from a metropolitan planning organization under this paragraph. ``(4) Statutory construction.--Nothing in this subsection may be construed-- ``(A) to allow a designated recipient to dictate the service provided by the owner or operator of a leveraged system; or ``(B) to authorize the use of funds in a manner that is inconsistent with this chapter. ``(5) Leveraged system defined.--In this subsection, the term `leveraged system' has the meaning given that term in section 5335(d).''. | Leveraging Performance-Based Transportation Services Act of 2017 This bill authorizes an owner or operator of a leveraged system to submit directly to the National Transit Database data regarding the public transportation service provided by the system. "Leveraged system" means a provider of public transportation services, whether public or private, including commuter bus services and services provided by a private provider of public transportation by vanpool that the Department of Transportation determines: (1) is able to recover, through fare revenue or payments made directly by the provider, all operating costs associated with the services; (2) meets Federal Transit Administration requirements with respect to the provision of services; and (3) does not negatively impact other publicly subsidized or privately provided public transportation services. The data submitted by the owner or operator of a leveraged system to the National Transit Database shall be used by DOT in calculating apportionments for capital payments. A public transportation service meets the requirements of this bill unless the service: (1) overlaps or directly competes with a service provided by the designated recipient concerned and has a direct effect on such service, including a projected ridership reduction of more than 3% along a corridor served by the designated recipient; or (2) is provided by a service provider that has fewer than 10 vehicles serving the recipient's designated area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Funding for First Responders Act of 2004''. SEC. 2. DISTRIBUTION OF 50 PERCENT OF GRANT FUNDS TO LOCAL ENTITIES. (a) Direct Distribution to Local Entities.--Fifty percent of the amounts provided under a grant to which this section applies shall be distributed directly to local entities (including local governments and first responders). (b) Allocation.--The funds distributed directly to local entities under subsection (a) shall be allocated among and by such entities in the manner proposed in the approved application for the grant. SEC. 3. COVERED GRANTS. (a) In General.--Section 2 applies to any grant provided by the Department of Homeland Security to States or regions to improve the ability of first responders to prevent, prepare for, respond to, or mitigate threatened or actual terrorist attacks, especially those involving weapons of mass destruction, and including any grant under the following: (1) State homeland security grant program.--The State Homeland Security Grant Program of the Department, or any successor to such grant program. (2) Urban area security initiative.--The Urban Area Security Initiative of the Department, or any successor to such grant program. (b) Excluded Programs.--Section 2 does not apply to or otherwise affect the following Federal grant programs or any grant under such a program: (1) Nondepartment programs.--Any Federal grant program that is not administered by the Department of Homeland Security. (2) Fire grant programs.--The fire grant programs authorized by sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a). (3) Emergency management planning and assistance account grants.--The Emergency Management Performance Grant program and the Urban Search and Rescue Grants program authorized by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.); the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.). SEC. 4. DEFINITIONS. In this Act: (1) Region.--The term ``region'' means-- (A) any geographic area consisting of all or parts of 2 or more contiguous States, counties, municipalities, or other local governments that have a combined population of at least 1,650,000 or have an area of not less than 20,000 square miles, and that, for purposes of an application for a covered grant, is represented by 1 or more governments or governmental agencies within such geographic area, and that is established by law or by agreement of 2 or more such governments or governmental agencies in a mutual aid agreement; or (B) any other combination of contiguous local government units (including such a combination established by law or agreement of two or more governments or governmental agencies in a mutual aid agreement) that is formally certified by the Secretary as a region for purposes of this Act with the consent of-- (i) the State or States in which they are located, including a multi-State entity established by a compact between two or more States; and (ii) the incorporated municipalities, counties, and parishes which they encompass. (2) Emergency response providers.--The term ``emergency response providers'' includes Federal, State, and local emergency public safety, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (3) Local government.--The term ``local government'' means--(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (4) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. | Direct Funding for First Responders Act of 2004 - Requires 50 percent of the amounts provided under certain Department of Homeland Security (DHS) grants for first responders to be distributed directly to local entities (including local governments and first responders) and allocated among and by such entities in the manner proposed in the approved grant application. Makes this Act applicable to DHS grants to States or regions to improve the ability of first responders to prevent, prepare for, respond to, or mitigate threatened or actual terrorist attacks, especially those involving weapons of mass destruction, including any grant under DHS's State Homeland Security Grant Program or Urban Area Security Initiative. Excludes grants not administered by DHS, fire grant programs authorized under the Federal Fire Prevention and Control Act of 1974, and grants under the Emergency Management Performance Grant and the Urban Search and Rescue Grants Programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Securing the United States in the 21st Century Act of 2008''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on Securing the United States in the 21st Century'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. The Commission shall-- (1) conduct a comprehensive review of the global security environment that identifies the strategic interests and objectives of the United States for the security environment the United States may confront during the next two decades and beyond; (2) develop a national security strategy appropriate for that future security environment and for the Nation's character; (3) develop a detailed plan to achieve the national security strategy by-- (A) defining security goals for the United States; (B) describing the internal and external policy instruments required to best utilize the resources of the United States; (C) identifying steps for implementation of the national security strategy including the organization, coordination, planning, management arrangements, and procedures necessary for implementation; and (D) reviewing budgetary and resource allocations for departments and agencies and recommending changes to such allocations; (4) recommend additional changes to the national security system as necessary including agency, institutional, and other structural reforms; and (5) submit to the President and Congress reports pursuant to section 8 containing detailed statements of the Commission findings, conclusions, and recommendations for corrective measures as determined by a majority of the members of the Commission. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 13 members, to be appointed as follows: (1) One member, who shall serve as chairperson, shall be appointed by the Speaker of the House of Representatives, in consultation with the majority leader of the Senate. (2) One member, who shall serve as vice-chairperson, shall be appointed by the minority leader of the House of Representatives, in consultation with the minority leader of the Senate. (3) One member shall be appointed by the Secretary of Defense. (4) One member shall be appointed by the Secretary of State. (5) One member shall be appointed by the Director of National Intelligence. (6) Two members shall be appointed by the majority leader of the Senate. (7) Two members shall be appointed by the Speaker of the House of Representatives. (8) Two members shall be appointed by the minority leader of the Senate. (9) Two members shall be appointed by the minority leader of the House of Representatives. (b) Prohibited Appointments.-- (1) An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) If a member of the Commission becomes an officer or employee of the Federal Government or any State or local government, the member may continue to serve as a member for not longer than the 60-day period beginning on the date that member becomes such an officer or employee. (c) Political Affiliation.--Not more than seven members appointed to the Commission may be of the same political party. (d) Considerations for Appointment.--Individuals appointed to the Commission should be prominent citizens of the United States, with national recognition and significant depth of experience in professions such as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce, or foreign affairs. (e) Period of Appointment.--Each member shall be appointed for the life of the Commission. (f) Vacancies.--A vacancy shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment. (g) Deadline for Appointment.--Members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. SEC. 5. ADMINISTRATION. (a) Quorum.--Seven members of the Commission shall constitute a quorum but a lesser number may hold hearings. (b) Meetings.-- (1) Initial meeting.--The Commission shall meet and commence its duties not later than 15 days after the deadline for appointment of members under section 4(g). (2) Regular meetings.--The Commission shall meet at the call of its chairperson or a majority of its members. (c) Basic Pay.--Members shall each be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which that member is engaged in the actual performance of duties vested in the Commission. (d) Travel Expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) In General.-- (1) Appointment.--The chairperson, in consultation with the vice-chairperson, in accordance with rules agreed upon by the Commission, may appoint a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (2) Compensation.--The staff director and other personnel shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which that staff member is engaged in work for the Commission. (b) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Nonapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (c) Contracting.--The Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (d) Obtaining Official Information.-- (1) Securing information.--The Commission may secure directly from any department or agency of the United States, information necessary to enable it to carry out this Act. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Handling information.--Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes and regulations. (e) Security Clearance for Commission Members and Staff.--The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. (f) Administrative Support Services.-- (1) General services administration.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (2) Other departments and agencies.--In addition to the assistance referred to in paragraph (1), Federal departments and agencies may provide to the Commission such services as such departments and agencies determine advisable and as authorized by law. (g) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon the order of the chairperson. (h) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 8. REPORTS. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall prepare and submit a final report to the President and Congress not later than 1 year after the Commission's initial meeting. (c) Public Disclosure.--The Commission shall make public copies of the reports required under subsections (a) and (b). SEC. 9. TERMINATION. (a) In General.--The Commission shall terminate 60 days after submitting its final report. (b) Administrative Activities Before Termination.--During the 60- day period referred to in subsection (a) the Commission may conclude its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $2,000,000 for the fiscal year 2008 to carry out this Act. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. | Commission on Securing the United States in the 21st Century Act of 2008 - Establishes the Commission on Securing the United States in the 21st Century which shall review the next 20 years' global security environment to identify U.S. strategic interests and develop an appropriate national security strategy. Terminates the Commission 60 days after submission of a final report required under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012''. SEC. 2. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008. (a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (s) by inserting ``Puerto Rico,'' after ``Guam,'', and (2) in subsection (u)(3) by inserting ``Puerto Rico,'' after ``Guam,''. (b) Eligible Households.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (b) by inserting ``Puerto Rico,'' after ``Guam,'', (2) in subsection (c)(1) by striking ``and Guam'' and inserting ``Guam, and Puerto Rico,'', and (3) in subsection (e)-- (A) in paragraph (1)(A) by inserting ``Puerto Rico,'' after ``Hawaii,'' each place it appears, and (B) in paragraph (6)(B) by inserting ``Puerto Rico,'' after ``Guam,''. (c) Consolidated Block Grants.--Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A) by inserting ``until the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012,'' after ``(A)'', (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (i) by striking ``and'' at the end, and (II) in clause (ii)-- (aa) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``thereafter'', (bb) by striking the period at the end and inserting ``; and'', and (cc) by adding at the end the following: ``(iii) subject to the availability of appropriations under section 18(a), for each fiscal year beginning on or after the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012, 0.4 percent of the aggregate amount specified in clause (i) and adjusted under clause (ii), as further adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30 of the penultimate fiscal year preceding such effective date and June 30 of the fiscal year for which the adjustment is made under this clause.'', (ii) in subparagraph (B)(i) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``thereafter'', and (iii) in subparagraph (C)-- (I) by inserting ``(i)'' before ``For'', (II) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``thereafter'', and (III) by adding at the end the following: ``(ii) For each fiscal year beginning on or after the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012, the Secretary shall use 100 percent of the funds made available under subparagraph (A) for payment to American Samoa to pay 100 percent of the expenditures by American Samoa for a nutrition assistance program extended under section 601(c) of Public Law 96-597 (48 U.S.C. 1469d(c)).'', and (C) in paragraph (3) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``year'', and (2) in subsection (b)(1)(A) by inserting ``ending before the effective date of the amendments made by the Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012'' after ``year'' the first place it appears. SEC. 3. SUBMISSION OF PLAN; APPROVAL OF RETAIL FOOD STORES; CERTIFICATION BY SECRETARY OF AGRICULTURE. (a) Submission of Plan by Puerto Rico.-- (1) Submission and review of plan of operation.--If an agency of the kind described in section 3(t)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)(1)) is designated by Puerto Rico and submits to the Secretary of Agriculture (hereinafter in this section referred to as the Secretary) a request to participate in the supplemental nutrition program under such Act and a plan of operation of the kind described in section 11 of such Act, the Secretary shall determine whether Puerto Rico and such agency satisfy the requirements that would apply under such Act for approval of such plan if Puerto Rico were 1 of the several States. (2) Determination by secretary.--The Secretary shall approve such plan if Puerto Rico and such agency satisfy such requirements. If the Secretary does not approve such plan, the Secretary shall provide a statement that specifies each of such requirements that is not satisfied by such plan. (b) Approval of Retail Food Stores in Puerto Rico.--If the Secretary approves the plan of operation submitted under subsection (a), then the Secretary shall accept from retail food stores located in Puerto Rico applications of the kind described in section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) for approval to participate in the supplemental nutrition assistance program proposed in such plan. (c) Submission of Certification to the Congress.--If the Secretary-- (1) approves the plan of operation submitted under subsection (a), and (2) approves under subsection (b) the applications of a number of retail food stores located in Puerto Rico requesting to participate in the supplemental nutrition assistance program that would be sufficient to satisfy the requirements of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) if Puerto Rico were 1 of the several States requesting to participate in the supplemental nutrition assistance program under such Act, then the Secretary shall submit to the Congress a certification that Puerto Rico qualifies to participate in such program as if Puerto Rico were a State as defined in section 3(s) of such Act. SEC. 4. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Special Effective Date.--The amendments made by section 2 shall take effect on October 1 of the 1st fiscal year that begins more than 1 year after the Secretary of Agriculture submits to the Congress the certification described in section 3(c). | Puerto Rico Supplemental Nutrition Assistance Program Restoration Act of 2012 - Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) to: (1) include Puerto Rico in the definition of state for purposes of supplemental nutrition assistance program (SNAP, formerly food stamp) eligibility, and (2) remove Puerto Rico from the consolidated block grant program upon the effective date of the amendments made by this Act. Provides for the application by, and approval of, retail food stores in Puerto Rico for program participation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Return to Prudent Banking Act of 2009''. SEC. 2. GLASS-STEAGALL REVIVED. (a) Wall Between Commercial Banks and Securities Activities Reestablished.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(y) Limitations on Security Affiliations.-- ``(1) Prohibition on affiliation between insured depository institutions and investment banks or securities firms.--An insured depository institution may not be or become an affiliate of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities. ``(2) Prohibition on officers, directors and employees of securities firms service on boards of depository institutions.-- ``(A) In general.--An individual who is an officer, director, partner or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution- affiliated party of any insured depository institution. ``(B) Exception.--Subparagraph (A) shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such individual as an officer, director, employee, or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers. ``(C) Termination of service.--Subject to a determination under subparagraph (B), any individual described in subparagraph (A) who, as of the date of the enactment of the Return to Prudent Banking Act of 2009, is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the 60-day period beginning on such date. ``(3) Termination of existing affiliation.-- ``(A) Orderly wind-down of existing affiliation.-- Any affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2009, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later that the end of the 2-year period beginning on such date of enactment. ``(B) Early termination.--The appropriate Federal banking agency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines, having due regard for the purposes of this subsection and the Return to Prudent Banking Act of 2009, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. ``(C) Extension.--Subject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. ``(4) Definitions.--For purposes of this subsection, the terms `broker' and `dealer' have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 and the terms `investment adviser' and `investment company' have the meaning given such terms under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively.''. (b) Prohibition on Banking Activities by Securities Firms Clarified.--Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following new subsection: ``(c) Business of Receiving Deposits.--For purposes of this section, the term `business of receiving deposits' includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act).''. (c) Continued Applicability of ICI vs. Camp.-- (1) In general.--The Congress ratifies the interpretation of the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24; as amended by section 16 of the Banking Act of 1933 and subsequent amendments) and section 21 of the Banking Act of 1933 (12 U.S.C. 378) by the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) with regard to the permissible activities of banks and securities firms, except to the extent expressly prescribed otherwise by this section. (2) Applicability of reasoning.--The reasoning of the Supreme Court of the United States in the case referred to in paragraph (1) with respect to sections 20 and 32 of the Banking Act of 1933 (as in effect prior to the date of the enactment of the Gramm-Leach-Bliley Act) shall continue to apply to subsection (y) of section 18 of the Federal Deposit Insurance Act (as added by subsection (a) of this section) except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections 20 and 32. (3) Limitation on agency interpretation or judicial construction.--No appropriate Federal banking agency, by regulation, order, interpretation, or other action, and no court within the United States may construe the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24; as amended by section 16 of the Banking Act of 1933 and subsequent amendments), section 21 of the Banking Act of 1933, or section 18(y) of the Federal Deposit Insurance Act more narrowly than the reasoning of the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) as to the construction and the purposes of such provisions. SEC. 3. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS. (a) Financial Holding Company.-- (1) In general.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Board of Governors of the Federal Reserve System, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Board determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices, and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Board of Governors of the Federal Reserve System may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular bank holding company for not more than 6 months at a time, if, in the judgment of the Board, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendments.-- (A) Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by striking subsection (p). (B) Section 5(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)) is amended-- (i) by striking subparagraph (E) of paragraph (2); and (ii) by striking paragraphs (3), (4), and (5). (C) Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by striking subsection (g). (D) The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section 45. (E) The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by striking section 10A. (F) Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. 1828a) and section 115 (12 U.S.C. 1820a). (b) Financial Subsidiaries Repealed.-- (1) In general.--Section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a) is amended to read as follows: ``SEC. 5136A. [REPEALED].''. (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later that the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Comptroller of the Currency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Comptroller determines, having due regard for the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendment.-- (A) The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 335) is amended by striking the last sentence. (B) The Federal Deposit Insurance Act is amended by striking section 46 (12 U.S.C. 1831w). (4) Clerical amendment.--The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Definition of Broker.--Section 3(a)(4)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended-- (1) by striking clauses (i), (iii), (v), (vii), (x), and (xi); and (2) by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively. (d) Definition of Dealer.--Section 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended-- (1) by striking clauses (i) and (iii); and (2) by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. (e) Definition of Identified Banking Product.--Subsection (a) of section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is amended-- (1) by inserting ``and'' after the semicolon at the end of paragraph (4); (2) in paragraph (5), by striking ``; or'' and inserting a period; and (3) by striking paragraph (6) and all that follows through the end of such subsection. (f) Definition of Activities Closely Related to Banking.-- (1) In general.--Section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by striking ``the day before the date of the enactment of the Gramm-Leach-Bliley Act'' and inserting ``January 1, 1970,''. (2) Provision allowing for exceptions after report to the congress.--Subsection (j) of section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as follows: ``(j) Approval for Certain Post-1970 Subsection (c)(8) Activities.-- ``(1) In general.--Notwithstanding the limitation of the January 1, 1970, approval deadline in subsection (c)(8), the Board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection, subject to the requirements of this subsection and such terms and conditions as the Board may require. ``(2) General standards.--In making any determination under paragraph (1), the Board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section 18(y) of the Federal Deposit Insurance Act, section 21 of the Banking Act of 1933, or the spirit of section 2(c) of the Return to Prudent Banking Act of 2009, and other possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. ``(3) Report and wait.--No determination of the Board under paragraph (1) may take effect before the end of the 180-day period beginning on the date by which notice of the determination has been submitted to both Houses of the Congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination, unless before the end of such period, such activities have been approved by an Act of Congress.''. (g) Repeal of Provision Relating to Foreign Banks Filing as Financial Holding Companies.--Section 8(c) of the International Banking Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3). SEC. 4. REPORTS TO THE CONGRESS. (a) Reports Required.--Each time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(y) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress. (b) Contents.--Each report submitted to the Congress under subsection (a) shall contain a detailed description of the basis for the determination or extension. | Return to Prudent Banking Act of 2009 - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from being an affiliate of any broker or dealer, investment adviser, investment company, or any other person or entity engaged principally in the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities. Prohibits officers, directors and employees of securities firms from simultaneous service on the boards of depository institutions, except in specified circumstances. Requires any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution to terminate such service as soon as practicable after enactment of this Act. Requires an insured depository institution to wind-down in an orderly manner and terminate any affiliation prohibited by this Act. Amends the Banking Act of 1933 to expand its prohibition against the transaction of banking activities by securities firms. Declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in the case of Investment Company Institute v. Camp ( ICI vs. Camp) regarding permissible activities of banks and securities firms. Declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the FDIA as enacted by this Act. Prohibits a federal banking agency or federal court from issuing an interpretation regarding such security affiliations that is narrower than that of Court in ICI vs. Camp. Makes technical and conforming changes to the Gramm-Leach-Bliley Act, the Revised Statutes of the United States, and specified federal law. Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate federal banking agency to report to Congress a detailed description of the basis for its decision each time it makes a determination or grants an extension concerning an affiliation between insured depository institutions and investment banks or securities firms. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Travel to Cuba Act of 2003''. SEC. 2. TRAVEL TO CUBA. (a) Freedom of Travel for United States Citizens and Legal Residents.--Subject to section 3, the President shall not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel that are set forth in subsection (b). (b) Transactions Incident to Travel.--The transactions referred to in subsection (a) are-- (1) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (2) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (3) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (4) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (5) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, traveler's checks, credit or debit card instruments, or similar instruments. SEC. 3. EXCEPTIONS. (a) Special Circumstances.--The restrictions on authority contained in section 2 do not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States travelers. (b) Importation of Goods for Personal Consumption.--Section 2 does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba. SEC. 4. APPLICABILITY. This Act applies to actions taken by the President before the date of the enactment of this Act that are in effect on such date of enactment, and to actions taken on or after such date. SEC. 5. INAPPLICABILITY OF OTHER PROVISIONS. This Act applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7210(b)). SEC. 6. CRITICISM OF HUMAN RIGHTS PRACTICES IN CUBA. (a) Findings.-- (1) The democracies of the Western Hemisphere have approved an Inter-American Democratic Charter that sets a regional standard regarding respect for human rights and fundamental freedoms. (2) The government of the Republic of Cuba approved and is bound to respect the Charter of the Organization of American States (OAS) and the American Declaration of the Rights and Duties of Man. (3) In 2001, 2000, 1999, 1998, and previous years, the government of the Republic of Cuba declined to reply to the OAS Inter-American Commission on Human Rights when it sought the government's views on human rights violations in the Republic of Cuba. (4) All countries have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and the Universal Declaration of Human Rights. (5) The United Nations Commission on Human Rights considered and passed a resolution in 2002 regarding the situation of human rights in the Republic of Cuba and called for the United Nations High Commissioner for Human Rights to send a personal representative to the Republic of Cuba. (6) The United States and other countries remain concerned about violations of human rights and fundamental freedoms in the Republic of Cuba, including the freedoms of expression, association, and assembly, and the rights associated with the administration of justice. (7) Amnesty International in its 2002 report noted an increase in human rights violations in the Republic of Cuba, including short-term arbitrary arrests, threats, summonses, evictions, interrogations, losses of employment, restrictions on travel, house arrests, and other forms of harassment directed by the government against political dissidents, independent journalists, and other activists in an effort to limit their ability to exercise fundamental freedoms. (8) Amnesty International also noted with concern the beginning of a trend toward the increased use of violence by Cuban authorities in order to repress dissent. (9) Peaceful dissidents in the Republic of Cuba, such as Oscar Elias Biscet, who upon finishing more than three years in jail for ``instigation to commit a crime'' is again in police custody and facing a possible year-long sentence, are subjected to ongoing harassment and imprisonment. (10) Many Cubans are routinely jailed under charges of ``disrespect'' for making negative statements about the government of the Republic of Cuba; of ``public disorder'' for criticizing the Castro regime; of ``revealing state security secrets'' and ``falsifying public documents'' for promoting democratic practices and human rights; of ``disobedience'' for peacefully protesting the Republic of Cuba's brutal treatment of dissidents; of ``damages'' for denouncing violations of human rights by the Cuban government and communicating the brutality of the Cuban regime to Cuban citizens and the world; and of ``enemy propaganda'' for criticizing communism. (11) The European Parliament rightfully recognized Oswaldo Paya for his work on the Varela Project with the 2002 Sakharov Prize for his human rights work in the Republic of Cuba. (b) Sense of the Senate.-- (1) It is the Sense of the Senate that the Government of Cuba will never be welcomed into the community of democratic nations unless that government-- (A) undertakes significant political and economic reforms called for by reporters of the Varela project which seeks to establish political and economic freedom for the Cuban people; (B) allows the International Committee of the Red Cross unrestricted access to all Cuban prisons and places of detention; (C) honors the request by the United Nations High Commissioner for Human Rights to allow his special representative to visit Cuba to make an assessment of the human rights situation; and (D) frees all political prisoners. (2) It is further the sense of the Senate that-- (A) the Organization of American States Inter- American Commission on Human Rights should continue its reporting on the human rights situation in the Republic of Cuba and to request a visit to the Republic of Cuba for the purposes of reviewing and reporting to the international community on the human rights situation there; (B) the United Nations High Commissioner for Human Rights and his personal representative should vigorously pursue the implementation of the 2002 Resolution regarding the situation of human rights in the Republic of Cuba; (C) the European Union, to build upon the European Parliament's recognition of Cuban dissidents and, through the appropriate bodies and mechanisms, should request to visit the Republic of Cuba for the purpose of reviewing the human rights situation there and issue a report to the international community on its findings; (D) representatives from the International Committee of the Red Cross should seek immediate access to all prisons in Cuba and prepare a report on the conditions of incarceration; and (E) human rights organizations throughout the world should issue statements of solidarity with the Cuban human rights activists, political dissidents, prisoners of conscience, independent journalists, and other Cubans demanding their release and seeking to secure their internationally recognized human rights and fundamental freedoms. (3) It is further the Sense of the Senate that the Department of State should monitor financial transactions to and from Cuba to ensure that terrorist financing is not occurring. SEC. 7. REPORT ON TERRORIST FINANCING. Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of State shall submit a report to Congress detailing any action taken by the Communist government of Cuba to provide financial support for terrorism or to facilitate the provision of such support. | Freedom to Travel to Cuba Act of 2003 - Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions ordinarily incident to such travel relating to: (1) accompanied personal baggage; (2) payment of living expenses and the acquisition of personal-use goods or services; (3) travel arrangements; (4) nonscheduled air, sea, or land voyage transactions, (such provision does not permit the carriage of articles other than accompanied baggage into Cuba or the United States); and (5) normal banking transactions. States that such provision does not: (1) restrict presidential authority in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. travelers; and (2) authorize U.S. importation of personal consumption goods acquired in Cuba. Sets forth findings respecting human rights violations in Cuba, including harassment of peaceful dissidents such as Oscar Elias Biscet, and noting the human rights work of Oswaldo Paya. Expresses the sense of the Senate that the Government of Cuba will never be welcomed into the community of democratic nations unless that government: (1) undertakes significant political and economic reforms called for by reporters of the Varela project; (2) allows the International Committee of the Red Cross unrestricted access to all Cuban prisons and places of detention; (3) honors the United Nations High Commissioner for Human Rights request to allow his special representative to visit Cuba to assess the human rights situation; and (4) frees all political prisoners. Expresses the sense of the Senate that: (1) the Organization of American States Inter-American Commission on Human Rights should continue reporting on the human rights situation in Cuba and should request a visit in order to review and report on such situation; (2) the United Nations High Commissioner for Human Rights and his personal representative should pursue implementation of the 2002 Resolution regarding human rights in Cuba; (3) the European Union, to build upon the European Parliament's recognition of Cuban dissidents, should request to visit Cuba in order to review and report on the human rights situation; (4) representatives from the International Committee of the Red Cross should seek immediate access to all Cuban prisons and report on incarceration conditions; and (5) human rights organizations should issue statements of solidarity with the Cuban human rights activists, political dissidents, prisoners of conscience, independent journalists, and other Cubans demanding their release and seeking to secure their internationally recognized human rights and fundamental freedoms. Expresses the sense of the Senate that the Department of State should monitor financial transactions to and from Cuba to ensure that terrorist financing is not occurring. Directs the Secretary of State to report every 180 days on any actions taken by Cuba to provide or facilitate financial support for terrorism. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Student Borrowers Act of 2013''. SEC. 2. PURPOSE. The purpose of this Act is to protect student borrowers by requiring institutions of higher education to assume some of the risk of default for student loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.). SEC. 3. INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR DEFAULTED LOANS. Section 454 of the Higher Education Act of 1964 (20 U.S.C. 1087d) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and''; (B) in paragraph (6) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable.''; and (2) by adding at the end the following: ``(d) Institutional Risk-Sharing for Student Loan Defaults.-- ``(1) In general.--Subject to paragraph (3), each institution of higher education participating in the direct student loan program under this part for a fiscal year that has a rate of participation in such program for all students enrolled at that institution for such fiscal year that is 25 percent or higher shall remit, at such times as the Secretary may specify, a risk-sharing payment based on a percentage of the volume of student loans under this part that are in default, as determined under paragraph (2). ``(2) Determination of risk-sharing payments.--Subject to paragraph (3), with respect to each fiscal year, an institution of higher education described in paragraph (1) that has a cohort default rate (as defined in section 435(m))-- ``(A) that is 30 percent or higher for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 20 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default; ``(B) that is lower than 30 percent but not lower than 25 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 15 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default; ``(C) that is lower than 25 percent but not lower than 20 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 10 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default; and ``(D) that is lower than 20 percent but not lower than 15 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 5 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. ``(3) Waiver and reduced risk-sharing payments.-- ``(A) Waiver.--The Secretary shall waive the risk- sharing payments described in paragraph (1) for an institution described in paragraph (2)(D) that meets the requirements of subparagraph (D). ``(B) Reduced risk-sharing payments.--If an institution has in place a student loan management plan described in subparagraph (D) that is approved by the Secretary, the Secretary shall reduce the total annual amount of risk-sharing payments as follows: ``(i) With respect to an institution with a cohort default rate described in paragraph (2)(A), the risk-sharing payment shall be in an amount that is equal to 15 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. ``(ii) With respect to an institution with a cohort default rate described in paragraph (2)(B), the risk-sharing payment shall be in an amount that is equal to 10 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. ``(iii) With respect to an institution with a cohort default rate described in paragraph (2)(C), the risk-sharing payment shall be in an amount that is equal to 5 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. ``(C) Continuation of waiver or reduced payments.-- An institution that receives a waiver under subparagraph (A) or a reduced risk-sharing payment under subparagraph (B) may receive a waiver or reduced payment for a subsequent fiscal year only if the Secretary determines that the institution is making satisfactory progress in carrying out the student loan management plan described in subparagraph (D), including evidence of the effectiveness of the individualized financial aid counseling for students. ``(D) Student loan management plan.--An institution that seeks a waiver or reduction of its risk-sharing payment, shall develop and carry out a student loan management plan that shall include an analysis of the risk factors correlated with higher student loan defaults that are present at the institution and actions that the institution will take to address such factors. Such plan shall include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. ``(E) Waiver or reduction for certain institutions.--In addition to the other risk-sharing payment waivers and reductions described in this paragraph, the Secretary may waive or reduce risk- sharing payments if-- ``(i) an institution is eligible under-- ``(I) part A or part B of title III; or ``(II) title V; and ``(ii) the Secretary determines that-- ``(I) the institution is making satisfactory progress in carrying out the institution's student loan management plan described under subparagraph (D); and ``(II) granting a waiver or reduction of risk-sharing payments would be in the best interest of students at the institution. ``(4) Prohibition.--An institution of higher education shall not deny admission or financial aid to a student based on a perception that such student may be at risk for defaulting on a loan made under this part. ``(5) Fund for the deposit of risk-sharing payments.-- ``(A) In general.--There is established in the Treasury of the United States a separate account for the deposit of risk-sharing payments collected under this subsection. The Secretary shall deposit any payments collected pursuant to this subsection into such fund. ``(B) Use of funds.--Of the amounts in the fund described in subparagraph (A), for each fiscal year-- ``(i) not more than 50 percent of such amounts shall be made available to the Secretary to enter into contracts or cooperative agreements for delinquency and default prevention or rehabilitation under section 456(d); and ``(ii) the Secretary shall reserve the remainder of such amounts for a Federal Pell Grant fund that shall be used to offset any future shortfalls in funding under the Federal Pell Grant program. ``(6) Applicability.--The Secretary shall carry out this subsection beginning with the cohort default rate for the 2014 cohort. The 2014 cohort shall include current and former students who enter repayment in fiscal year 2014. ``(7) Report to congress.--The Secretary shall report on an annual basis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the following information: ``(A) A list of institutions that have been subject to risk-sharing payments in the previous year. ``(B) The required risk-sharing payment from such institutions. ``(C) The amount of risk-sharing payments collected from such institutions. ``(D) A list of the institutions that have received waivers from the risk-sharing payment and the reason for such waiver. ``(E) A list of the institutions that have received reductions in the required risk-sharing payment. ``(F) The use of funds deposited from risk-sharing payments, including a list of any contracts or cooperative agreements for delinquency and default prevention or rehabilitation and the amount reserved for the Federal Pell Grant program.''. SEC. 4. CONTRACTS AND COOPERATIVE AGREEMENTS. Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f) is amended by adding at the end the following: ``(d) Contracts and Cooperative Agreements for Delinquency and Default Prevention and for Default Rehabilitation.--The Secretary may enter into contracts or cooperative agreements for-- ``(1) statewide or institutionally based programs for the prevention of Federal student loan delinquency and default at institutions of higher education that-- ``(A) have a high cohort default rate as defined under section 435(m); or ``(B) serve large numbers or percentages of student loan borrowers who have a risk factor associated with higher default rates on Federal student loans under this title, such as coming from a low-income family, being a first generation postsecondary education student, not having a secondary school diploma, or having previously defaulted on, and rehabilitated, a loan made under this title; and ``(2) increasing the number of borrowers who successfully rehabilitate defaulted loans.''. SEC. 5. FINANCIAL RESPONSIBILITY. Section 498(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1099c(c)(1)) is amended by striking subparagraph (C) and inserting the following: ``(C) to meet all of its financial obligations, including institutional risk-sharing payments, refunds of institutional charges, and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.''. | Protect Student Borrowers Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements. Requires an IHE, for any fiscal year in which at least 25% of the IHE's student body is participating in the Direct Loan program, to remit, at such times as the Secretary of Education specifies, a risk-sharing payment set at: 20% of the total amount of its defaulted Direct loans if its cohort default rate is 30% or higher, 15% of the total amount of its defaulted Direct loans if its cohort default rate is lower than 30% but not lower than 25%, 10% of the total amount of its defaulted Direct loans if its cohort default rate is lower than 25% but not lower than 20%, and 5% of the total amount of its defaulted Direct loans if its cohort default rate is lower than 20% but not lower than 15%. Directs the Secretary to make specified modifications to such risk-sharing requirements if an IHE develops and implements a student loan management plan that is approved by the Secretary. Requires that plan to include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. Allows the Secretary to waive or reduce an IHE's risk-sharing payments in certain other instances. Prohibits IHEs from denying admission or financial aid to a student based on a perception that the student may be at risk for defaulting on a Direct loan. Authorizes the Secretary to enter into contracts or cooperative agreements for: (1) statewide or institutionally-based programs for the prevention of federal student loan delinquency and default at IHEs that have a high cohort default rate or serve large numbers or percentages of students who have a higher risk of defaulting on student loans under title IV, and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans Establishes a separate account in the Treasury for the deposit of the risk-sharing payments, of which: (1) up to 50% are to be used by the Secretary to enter into the contracts or cooperative agreements for delinquency and default prevention or rehabilitation, and (2) the remainder are to be used to offset any future shortfalls in funding under the Federal Pell Grant program. Makes an IHE's ability to meet its obligation to make risk-sharing payments part of the determination of its eligibility to participate in title IV programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native and American Indian Direct Reimbursement Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1988, Congress enacted section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) that established a demonstration program to authorize 4 tribally-operated Indian Health Service hospitals or clinics to test methods for direct billing and receipt of payment for health services provided to patients eligible for reimbursement under the medicare or medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), and other third party payors. (2) The 4 participants selected by the Indian Health Service for the demonstration program began the direct billing and collection program in fiscal year 1989 and unanimously expressed success and satisfaction with the program. Benefits of the program include dramatically increased collections for services provided under the medicare and medicaid programs, a significant reduction in the turn-around time between billing and receipt of payments for services provided to eligible patients, and increased efficiency of participants being able to track their own billings and collections. (3) The success of the demonstration program confirms that the direct involvement of tribes and tribal organizations in the direct billing of, and collection of payments from, the medicare and medicaid programs, and other third party payor reimbursements, is more beneficial to Indian tribes than the current system of Indian Health Service-managed collections. (4) Allowing tribes and tribal organizations to directly manage their medicare and medicaid billings and collections, rather than channeling all activities through the Indian Health Service, will enable the Indian Health Service to reduce its administrative costs, is consistent with the provisions of the Indian Self- Determination Act, and furthers the commitment of the Secretary to enable tribes and tribal organizations to manage and operate their health care programs. (5) The demonstration program was originally to expire on September 30, 1996, but was extended by Congress, so that the current participants would not experience an interruption in the program while Congress awaited a recommendation from the Secretary of Health and Human Services on whether to make the program permanent. (6) It would be beneficial to the Indian Health Service and to Indian tribes, tribal organizations, and Alaska Native organizations to provide permanent status to the demonstration program and to extend participation in the program to other Indian tribes, tribal organizations, and Alaska Native health organizations who operate a facility of the Indian Health Service. SEC. 3. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD PARTY PAYORS. (a) Permanent Authorization.--Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended to read as follows: ``(a) Establishment of Direct Billing Program.-- ``(1) In general.--The Secretary shall establish a program under which Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of a hospital or clinic of the Service under the Indian Self- Determination and Education Assistance Act may elect to directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) (in this section referred to as the `medicare program'), under a State plan for medical assistance approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (in this section referred to as the `medicaid program'), or from any other third party payor. ``(2) Application of 100 percent fmap.--The third sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall apply for purposes of reimbursement under the medicaid program for health care services directly billed under the program established under this section. ``(b) Direct Reimbursement.-- ``(1) Use of funds.--Each hospital or clinic participating in the program described in subsection (a) of this section shall be reimbursed directly under the medicare and medicaid programs for services furnished, without regard to the provisions of section 1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) and sections 402(a) and 813(b)(2)(A), but all funds so reimbursed shall first be used by the hospital or clinic for the purpose of making any improvements in the hospital or clinic that may be necessary to achieve or maintain compliance with the conditions and requirements applicable generally to facilities of such type under the medicare or medicaid programs. Any funds so reimbursed which are in excess of the amount necessary to achieve or maintain such conditions shall be used-- ``(A) solely for improving the health resources deficiency level of the Indian tribe; and ``(B) in accordance with the regulations of the Service applicable to funds provided by the Service under any contract entered into under the Indian Self-Determination Act (25 U.S.C. 450f et seq.). ``(2) Audits.--The amounts paid to the hospitals and clinics participating in the program established under this section shall be subject to all auditing requirements applicable to programs administered directly by the Service and to facilities participating in the medicare and medicaid programs. ``(3) Secretarial oversight.--The Secretary shall monitor the performance of hospitals and clinics participating in the program established under this section, and shall require such hospitals and clinics to submit reports on the program to the Secretary on an annual basis. ``(4) No payments from special funds.--Notwithstanding section 1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) or section 402(a), no payment may be made out of the special funds described in such sections for the benefit of any hospital or clinic during the period that the hospital or clinic participates in the program established under this section. ``(c) Requirements for Participation.-- ``(1) Application.--Except as provided in paragraph (2)(B), in order to be eligible for participation in the program established under this section, an Indian tribe, tribal organization, or Alaska Native health organization shall submit an application to the Secretary that establishes to the satisfaction of the Secretary that-- ``(A) the Indian tribe, tribal organization, or Alaska Native health organization contracts or compacts for the operation of a facility of the Service; ``(B) the facility is eligible to participate in the medicare or medicaid programs under section 1880 or 1911 of the Social Security Act (42 U.S.C. 1395qq; 1396j); ``(C) the facility meets the requirements that apply to programs operated directly by the Service; and ``(D) the facility-- ``(i) is accredited by an accrediting body as eligible for reimbursement under the medicare or medicaid programs; or ``(ii) has submitted a plan, which has been approved by the Secretary, for achieving such accreditation. ``(2) Approval.-- ``(A) In general.--The Secretary shall review and approve a qualified application not later than 90 days after the date the application is submitted to the Secretary unless the Secretary determines that any of the criteria set forth in paragraph (1) are not met. ``(B) Grandfather of demonstration program participants.-- Any participant in the demonstration program authorized under this section as in effect on the day before the date of enactment of the Alaska Native and American Indian Direct Reimbursement Act of 1999 shall be deemed approved for participation in the program established under this section and shall not be required to submit an application in order to participate in the program. ``(C) Duration.--An approval by the Secretary of a qualified application under subparagraph (A), or a deemed approval of a demonstration program under subparagraph (B), shall continue in effect as long as the approved applicant or the deemed approved demonstration program meets the requirements of this section. ``(d) Examination and Implementation of Changes.-- ``(1) In general.--The Secretary, acting through the Service, and with the assistance of the Administrator of the Health Care Financing Administration, shall examine on an ongoing basis and implement-- ``(A) any administrative changes that may be necessary to facilitate direct billing and reimbursement under the program established under this section, including any agreements with States that may be necessary to provide for direct billing under the medicaid program; and ``(B) any changes that may be necessary to enable participants in the program established under this section to provide to the Service medical records information on patients served under the program that is consistent with the medical records information system of the Service. ``(2) Accounting information.--The accounting information that a participant in the program established under this section shall be required to report shall be the same as the information required to be reported by participants in the demonstration program authorized under this section as in effect on the day before the date of enactment of the Alaska Native and American Indian Direct Reimbursement Act of 1999. The Secretary may from time to time, after consultation with the program participants, change the accounting information submission requirements. ``(e) Withdrawal From Program.--A participant in the program established under this section may withdraw from participation in the same manner and under the same conditions that a tribe or tribal organization may retrocede a contracted program to the Secretary under authority of the Indian Self-Determination Act (25 U.S.C. 450 et seq.). All cost accounting and billing authority under the program established under this section shall be returned to the Secretary upon the Secretary's acceptance of the withdrawal of participation in this program.''. (b) Conforming Amendments.--(1) Section 1880 of the Social Security Act (42 U.S.C. 1395qq) is amended by adding at the end the following: ``(e) For provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a hospital or clinic of such tribes or organizations and for which payment may be made under this title, see section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645).''. (2) Section 1911 of the Social Security Act (42 U.S.C. 1396j) is amended by adding at the end the following: ``(d) For provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a hospital or clinic of such tribes or organizations and for which payment may be made under this title, see section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645).''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2000. SEC. 4. TECHNICAL AMENDMENT. (a) In General.--Effective November 9, 1998, section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645(e)) is reenacted as in effect on that date. (b) Reports.--Effective November 10, 1998, section 405 of the Indian Health Care Improvement Act is amended by striking subsection (e). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires participating hospitals and clinics to submit annual reports on the program to the Secretary of Health and Human Services. Provides for: (1) application to the Secretary by an Indian tribe, tribal organization, or Alaska Native health organization for participation of a Service facility in the program (the demonstration program was limited to four facilities); (2) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (3) withdrawal from participation in the program. |
SECTION 1. NEXT GENERATION BIOFUEL. (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) by redesignating subparagraphs (E), (F), (G), and (H) as subparagraphs (H), (E), (F), (G), respectively, and moving subparagraph (H) (as so redesignated) to appear before subparagraph (I); and (2) in subparagraph (H) (as redesignated by paragraph (1)), by striking ``Cellulosic biofuel.--'' and all that follows through ``biomass'' and inserting ``Next generation biofuel.-- The term `next generation biofuel' means renewable fuel that is derived from any cellulose, hemicellulose, lignin, or algae that is derived from renewable biomass or nonethanol renewable fuel that is derived from renewable biomass''. (b) Standard.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i), in the second sentence, by striking ``cellulosic'' and inserting ``next generation''; and (B) in subparagraph (B)-- (i) in clause (i)(III)-- (I) in the subclause heading, by striking ``Cellulosic'' and inserting ``Next generation''; (II) by striking ``cellulosic'' and inserting ``next generation''; and (III) in the heading of the right column, by striking ``cellulosic'' and inserting ``next generation''; (ii) in clause (ii)(III), by striking ``cellulosic'' and inserting ``next generation''; and (iii) in clause (iv)-- (I) in the clause heading, by striking ``cellulosic'' and inserting ``next generation''; and (II) by striking ``cellulosic'' and inserting ``next generation''; (2) in paragraphs (3)(A), (4)(A), and (4)(B), by striking ``cellulosic'' each place it appears and inserting ``next generation''; and (3) in paragraph (7)(D)-- (A) in the subparagraph heading, by striking ``Cellulosic'' and inserting ``next generation''; and (B) by striking ``cellulosic'' each place it appears and inserting ``next generation''. SEC. 2. STATE OPTION OF NON-PARTICIPATION IN RENEWABLE FUEL STANDARD. Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by adding at the end the following: ``(vi) Election of non-participation by state government.-- ``(I) In general.--For purposes of subparagraph (A), the applicable volume of renewable fuel as determined under this subparagraph shall be adjusted in accordance with this clause. ``(II) Requirements.--On passage by a State legislature and signature by the Governor of the State of a law that elects to not participate in the applicable volume of renewable fuel in accordance with this clause, the Administrator shall allow a State to not participate in the applicable volume of renewable fuel determined under subclause (I) of clause (i), other than the applicable volumes of renewable fuel required under subclauses (II), (III), and (IV) of that clause. ``(III) Reduction.--On the election of a State under subclause (II), the Administrator shall reduce the applicable volume of renewable fuel determined under clause (i)(I) by the percentage that reflects the national gasoline consumption of the non- participating State that is attributable to that State. ``(IV) Credits to hold fuel sales harmless.--On the election of a State under subclause (II), the Administrator shall provide for the generation of credits for all gasoline (regardless of whether the gasoline is blended) provided through a fuel terminal in the State to be calculated as though the gasoline were blended with the maximum allowable ethanol content of gasoline allowed in that State to apply toward the applicable volume of renewable fuel determined under clause (i)(I).''. | Amends the Clean Air Act to revise the renewable fuel program by: (1) requiring the Administrator of the Environmental Protection Agency (EPA) to ensure that transportation fuel sold or introduced into commerce in the United States, on an annual average basis, contains at least the applicable volume of "next generation biofuel" (currently "cellulosic biofuel"); and (2) replacing the term "cellulosic biofuel" with "next generation biofuel." Defines "next generation biofuel" to mean: (1) renewable fuel that is derived from any cellulose, hemicellulose, lignin, or algae that is derived from renewable biomass; or (2) nonethanol renewable fuel that is derived from renewable biomass. Directs the Administrator to allow states that enact a law that elects to not participate in the applicable volume of renewable to not so participate, other than the applicable volumes of renewable fuel required for advanced biofuel, next generation biofuel, and biomass-based diesel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Access to Emergency Services Act of 2005''. SEC. 2. COST-BASED CRITICAL ACCESS HOSPITAL AMBULANCE SERVICES CHANGES. (a) In General.--Section 1834(l)(8) of the Social Security Act (42 U.S.C. 1395m(l)(8)) is amended-- (1) in subparagraph (B)-- (A) by striking ``owned and''; and (B) by inserting ``(including when such services are provided by the entity under an arrangement with the hospital)'' after ``hospital''; and (2) by striking the comma at the end of subparagraph (B) and all that follows and inserting a period. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2006. SEC. 3. PROVIDING APPROPRIATE COVERAGE OF RURAL GROUND AMBULANCE SERVICES. (a) Coverage.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended by adding at the end the following new paragraph: ``(15) Providing appropriate coverage of rural ground ambulance services.-- ``(A) In general.--The regulations described in section 1861(s)(7) shall provide, to the extent that any ambulance services (whether ground or air) may be covered under such section, that a rural ground ambulance service (as defined in subparagraph (C)) is reimbursed under this subsection at the ground ambulance rate if the ground ambulance service-- ``(i) is reasonable and necessary based on the health condition of the individual being transported at or immediately prior to the time of the transport; and ``(ii) complies with equipment and crew requirements established by the Secretary. ``(B) Prudent layperson standard as satisfaction of requirement of medically necessary.--The requirement of subparagraph (A)(i) is deemed to be met for a rural ground ambulance service if the request for such ambulance service is made after the sudden onset of a medical condition that would be classified as an emergency medical condition under section 1852(d)(3)(B)). ``(C) Rural ground ambulance service defined.--For purposes of this paragraph, the term `rural ground ambulance service' means a ground ambulance service in which the point of pick up of the individual occurs in a rural area identified by the Secretary under paragraph (16)(B).''. (b) Conforming Amendment.--Section 1861(s)(7) of such Act (42 U.S.C. 1395x(s)(7)) is amended by striking ``section 1834(l)(14)'' and inserting ``paragraphs (14) and (15) of section 1834(l)''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2006. SEC. 4. IMPROVEMENT IN PAYMENTS TO RETAIN EMERGENCY AND OTHER CAPACITY FOR AMBULANCES IN RURAL AREAS. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by section 3(a), is amended by adding at the end the following new paragraph: ``(16) Additional payments for providers furnishing ambulance services in rural areas.-- ``(A) In general.--In the case of ground ambulance services furnished on or after January 1, 2006, for which the transportation originates in a rural area (as determined under subparagraph (B)), the Secretary shall provide for a percent increase in the base rate of the fee schedule for a trip identified under this subsection. ``(B) Identification of rural areas.--The Secretary, in consultation with the Office of Rural Health Policy, shall use the Rural-Urban Commuting Areas (RUCA) coding system, adopted by that Office, to designate rural areas for the purposes of this paragraph. A rural area is any area in RUCA levels 2 through 10 and any unclassified area. ``(C) Tiering of rural areas.--The Secretary shall designate 4 tiers of rural areas, using a ZIP Code population-based methodology generated by the RUCA coding system, as follows: ``(i) Tier 1.--A rural area that is a high metropolitan commuting area, in which 30 percent or more of the commuting flow is to an urban area, as designated by the Bureau of the Census (RUCA level 2). ``(ii) Tier 2.--A rural area that is a low metropolitan commuting area, in which less than 30 percent of the commuting flow is to an urban area or to a large town, as designated by the Bureau of the Census (RUCA levels 3-6). ``(iii) Tier 3.--A rural area that is a small town core, as designated by the Bureau of the Census, in which no significant portion of the commuting flow is to an area of population greater than 10,000 people (RUCA levels 7-9). ``(iv) Tier 4.--A rural area in which there is no dominant commuting flow (RUCA level 10) and any unclassified area. The Secretary shall consult with the Office of Rural Health Policy not less often than every 2 years to update the designation of rural areas in accordance with any changes that are made to the RUCA system. ``(D) Payment adjustments for trips in rural areas.--The Secretary shall adjust the payment rate under this section for ambulance trips that originate in each of the tiers established in subparagraph (C) according to the national average cost of full-cost providers for providing ambulance services in each such tier.''. (b) Review of Payments for Rural Ambulance Services and Report to Congress.-- (1) Review.--Not later than July 1, 2008, the Secretary of Health and Human Services shall review the system for adjusting payments for rural ambulance services under section 1834(l)(16) of the Social Security Act, as added by subsection (a), to determine the adequacy and appropriateness of such adjustments. In conducting such review, the Secretary shall consult with providers and suppliers affected by such adjustments and with representatives of the ambulance industry generally to determine-- (A) whether such adjustments adequately cover the additional costs incurred in serving areas of low population density; and (B) whether the tiered structure for making such adjustments appropriately reflects the difference in costs of providing services in different types of rural areas. (2) Report.--Not later than January 1, 2009, the Secretary shall submit to Congress a report on the review conducted under paragraph (1) together with any recommendations for revision to the systems for adjusting payments for ambulance services in rural areas that the Secretary of Health and Human Services determines appropriate. (c) Conforming Amendments.--(1) Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(17) Designation of rural areas for mileage payment purposes.--In establishing any differential in the amount of payment for mileage between rural and urban areas in the fee schedule established under paragraph (1), the Secretary shall, in the case of ambulance services furnished on or after January 1, 2006, identify rural areas in the same manner as provided in paragraph (16)(B).''. (2) Section 1834(l)(12)(A) of such Act (42 U.S.C. 1395m(l)(12)(A)) is amended by striking ``January 1, 2010'' and inserting ``January 1, 2006''. (3) Section 1834(l)(13)(A)(i) of such Act (42 U.S.C. 1395m(l)(13)(A)(i)) is amended by inserting ``(or in the case of such services furnished in 2006, in a rural area identified by the Secretary under paragraph (16)(B))'' after ``such paragraph''. SEC. 5. EXPANDING THE WORK OF MEDICARE QUALITY IMPROVEMENT ORGANIZATIONS TO INCLUDE AMBULANCE PROVIDERS. (a) Application to Ambulance Providers.--Section 1154(a)(1) of the Social Security Act (42 U.S.C. 1320c-3(a)(1)) is amended by inserting ``(including ambulance providers)'' after ``noninstitutional providers'' in the matter preceding subparagraph (A). (b) Effective Date.--The amendment made by this section shall apply on and after October 1, 2006. SEC. 6. INCLUDING AMBULANCE PROVIDERS IN THE DEFINITION OF HEALTH CARE PROVIDER FOR PURPOSES OF THE UNIVERSAL SERVICE FUND. (a) In General.--Section 254(h)(7)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(7)(B)) is amended-- (1) in clause (vi), by striking ``and'' at the end; (2) by redesignating clause (vii) as clause (viii); (3) in clause (viii), as so redesignated, by striking ``(vi)'' and inserting ``(vii)''; and (4) by inserting after clause (vi) the following new clause: ``(vii) ambulance providers; and''. (b) Effective Date.--The amendments made by this section shall take effect on January 1, 2006. SEC. 7. EMERGENCY MEDICAL SERVICES DEMONSTRATION PROJECT. (a) In General.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Office of Rural Health Policy, shall award grants to States to encourage such States to make improvements to their emergency medical services (in this section referred to as ``EMS'') systems. (2) Administration requirement.--In order to be eligible for a grant under this section, a State shall administer the project jointly through the State EMS office and the State rural health office. Either such office may be the lead office for the project. (3) Number of grants.--The Secretary shall award 3 grants under this section. (4) Maximum amount.--The Secretary shall not award a grant under this section in an amount which exceeds $5,000,000. (5) Duration.--The Secretary shall award grants under this section for a period not to exceed 3 years. (b) Target.--A State that receives a grant under this section shall, in determining how to allocate the assistance received through such grant-- (1) target such assistance to geographic areas that complete community EMS assessments and informed self- determination processes; and (2) consider progress toward E-911 and WE-911 system capability. (c) Use of Funds.--Subject to subsection (b), a State that receives a grant under this section may use assistance received through such grant for the following: (1) To integrate the State EMS systems with the State and local health care delivery system, including through exploring opportunities for expanded EMS scopes of practice and piloting EMS-based rural community health services. (2) To explore alternative rural EMS funding mechanisms with State insurance authorities. (3) To form rural and frontier EMS operational or service- contracting networks. (4) To analyze rural and frontier workforce recruitment and retention efforts and to develop statewide plans for improvement of such efforts. (5) To deliver a rural EMS leadership and management training model which includes EMS leadership, grant writing, data collection, research, governing board structure, and management of volunteers. (6) To establish at least one full-time position of State EMS medical director (or an equivalent position). (7) To develop flexible models for providing EMS training and continuing education to rural and frontier areas and to develop bridge training between EMS providers and the nursing or other allied health professions. (8) To develop State and regional stockpiling and sharing of expensive training devices, such as mannequins and patient simulators. (9) To develop and distribute, in partnership with public health agencies, data-driven public information resources to local EMS providers. (10) To conduct comprehensive State EMS communications needs assessments. (11) To plan, integrate, and regulate, at the State level, aeromedical, critical care transport and other statewide or region wide systems of specialty care and transportation. (12) To consider the evolving role of telehealth resources and their application to EMS patient management and medical oversight. (13) To implement the National EMS Information System. (14) To link and integrate, at all levels, EMS data systems with other relevant health information systems, such as systems relating to traffic crash data and other crash data, public health surveillance, the medical examiner, hospital discharge data, and emergency department data, and including the Centers for Disease Control and Prevention surveillance monitoring systems. (d) Application.-- (1) In general.--Each State desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; (B) provide assurances to the Secretary that no law exists in the State that would prohibit EMS personnel from practicing in non-ambulance settings; and (C) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. (e) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 to carry out this section. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses. | Rural Access to Emergency Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) cost-based critical access hospital ambulance services; (2) appropriate coverage of rural ground ambulance services; and (3) payments to retain emergency and other capacity for ambulances in rural areas. Amends SSA title XI to provide for expanding the work of Medicare quality improvement organizations to include ambulance providers. Amends the Communications Act of 1934 with respect to including ambulance providers in the definition of health care provider for purposes of the Universal Service Fund. Directs the Secretary of Health and Human Services to award grants to States to encourage them to make improvements to their emergency medical services systems. |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Compensation and Readjustment Benefits Amendments of 1996''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to 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. TITLE I--VETERANS COMPENSATION BENEFITS SEC. 101. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE- CONNECTED. Section 1112(c)(2) is amended by adding at the end the following new subparagraph: ``(P) Bronchiolo-alveolar carcinoma.''. SEC. 102. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR VETERANS OVER AGE 65 WHO ARE NURSING HOME PATIENTS. Section 1502(a) is amended by inserting ``is 65 years of age or older and a patient in a nursing home or, regardless of age,'' after ``such a person''. SEC. 103. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY EXAMINATIONS. (a) Authority.--The Secretary of Veterans Affairs may conduct a pilot program under this section under which examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs pursuant to contracts entered into with those persons. (b) Limitation.--The Secretary may carry out the pilot program under this section through not more than 10 regional offices of the Department of Veterans Affairs. (c) Source of Funds.--Payments for contracts under the pilot program under this section shall be made from amounts available to the Secretary of Veterans Affairs for payment of examinations of applicants for benefits. (d) Report to Congress.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effect of the use of the authority provided by subsection (a) on the cost, timeliness, and thoroughness of medical disability examinations. SEC. 104. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS. (a) Pro Rata Reduction.--Chapter 53 is amended by inserting after section 5313 the following new section: ``Sec. 5313A. Limitation on payment of clothing allowance to incarcerated veterans ``In the case of a veteran who is incarcerated in a Federal, State, or local penal institution for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of an annual clothing allowance payable to such veteran under section 1162 of this title shall be reduced on a pro rata basis for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5313 the following new item: ``5313A. Limitation on payment of clothing allowance to incarcerated veterans.''. SEC. 105. EXTENSION OF VETERANS' CLAIMS ADJUDICATION COMMISSION. (a) Extension of Time for Submission of Final Report.--Section 402(e)(2) of the Veterans' Benefits Improvements Act of 1994 (Public Law 103-446; 108 Stat. 4659) is amended by striking out ``Not later than 18 months after such date'' and inserting in lieu thereof ``Not later than December 31, 1996''. (b) Funding.--From amounts appropriated to the Department of Veterans Affairs for each of fiscal years 1996 and fiscal year 1997 for the payment of compensation and pension, the amount of $75,000 is hereby made available for the activities of the Veterans' Claims Adjudication Commission under title IV of the Veterans' Benefits Improvements Act of 1994 (Public Law 103-446; 108 Stat. 4659). TITLE II--EDUCATION AND OTHER READJUSTMENT BENEFITS SEC. 201. PERIOD OF OPERATION FOR APPROVAL. (a) In General.--(1) Chapter 36 is amended-- (A) by striking out section 3689; and (B) by striking out the item relating to section 3689 in the table of sections at the beginning of chapter 36. (2) Subparagraph (C) of section 3680A(d)(2) is amended by striking out ``3689(b)(6)'' and inserting in lieu thereof ``3680A(g)''. (b) Disapproval of Enrollment in Certain Courses.--Section 3680A is amended by adding after subsection (d) the following new subsections: ``(e) The Secretary shall not approve the enrollment of an eligible veteran in a course not leading to a standard college degree offered by a proprietary profit or proprietary nonprofit educational institution when-- ``(1) the educational institution has been operating for less than two years; ``(2) the course is offered at a branch of the educational institution and the branch has been operating for less than two years; or ``(3) following either a change in ownership or a complete move outside its original general locality the educational institution does not retain substantially the same faculty, student body, and courses, as determined in accordance with regulations the Secretary shall prescribe, as before the change in ownership or the move outside the general locality. ``(f) The Secretary shall not approve the enrollment of an eligible veteran in a course as a part of a program of education offered by an educational institution when the course is provided under contract by another educational institution or entity and-- ``(1) the Secretary would be barred under subsection (e) from approving the enrollment of an eligible veteran in the course of the educational institution or entity providing the course under contract; or ``(2) the educational institution or entity providing the course under contract has not obtained approval for the course under this chapter. ``(g) Notwithstanding subsections (e) and (f), the Secretary may approve the enrollment of an eligible veteran in a course approved under this chapter if the course is offered by an educational institution under contract with the Department of Defense or the Department of Transportation and is given on or immediately adjacent to a military base, Coast Guard station, National Guard facility, or facility of the Selected Reserve.''. (c) Approval of Accredited Courses.--Subsection (b) of section 3675 is amended to read as follows: ``(b) As a condition of approval under this section, the State approving agency must find the following: ``(1) Adequate records, as prescribed by the State approving agency, are kept by the educational institution to show the student's progress and grades and that satisfactory standards relating to progress and conduct are enforced. ``(2) The educational institution maintains a written record of the previous education and training of the eligible person or veteran that clearly indicates that appropriate credit has been given by the educational institution for previous education and training, with the training period shortened proportionately. ``(3) The educational institution and its approved courses meet the criteria of paragraphs (1), (2), and (3) of section 3676(c) of this title.''. SEC. 202. ELIMINATION OF DISTINCTION BETWEEN OPEN CIRCUIT TV AND INDEPENDENT STUDY. (a) Veterans' Educational Assistance Program.--Subsection (f) of section 3482 is amended by striking out ``in part''. (b) Survivors' and Dependents' Educational Assistance.--Section 3523 is amended-- (1) in subsection (a)(4), by inserting ``(including open circuit television)'' after ``independent study program'' the second place it appears; and (2) in subsection (c), by striking out ``radio'' and all that follows through the end and inserting in lieu thereof ``radio.''. (c) Administration of Educational Benefits.--Subsection (c) of section 3680A is amended by striking out ``radio'' and all that follows through the end and inserting in lieu thereof ``radio.''. SEC. 203. MEDICAL QUALIFICATIONS FOR FLIGHT TRAINING. (a) Chapter 30 and 32 Programs.--Sections 3034(d)(2) and 3241(b)(2) are each amended by inserting before the semicolon at the end the following: ``on the first day of such training and within 60 days after successfully completing such training''. (b) Selected Reserve.--Paragraph (2) of section 16136(c) of title 10, United States Code, is amended by inserting before the period at the end the following: ``on the first day of such training and within 60 days after successfully completing such training''. SEC. 204. COOPERATIVE PROGRAMS. (a) Chapter 30.--Section 3032 of chapter 30 is amended by striking out subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Chapter 32.--Section 3231 of chapter 32 is amended by striking out subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (c) Chapter 35.--Subsection (b) of section 3532 is amended by striking out ``$327'' and inserting in lieu thereof ``$404''. (d) Chapter 106.--Section 16131 of title 10, United States Code, is amended-- (1) by striking out subsection (e) and redesignating subsections (f), (g), (h), (i), and (j) as subsections (e), (f), (g), (h), and (i), respectively; and (2) in subsection (b)(1), by striking out ``(g)'' and inserting in lieu thereof ``(f)''. SEC. 205. EXTENSION OF ENHANCED LOAN ASSET SALE AUTHORITY. Paragraph (2) of section 3720(h) is amended by striking out ``December 31, 1996'' and inserting in lieu thereof ``December 31, 1997''. SEC. 206. EXTENSION OF AUTHORITY FOR THE HOMELESS VETERANS' REINTEGRATION PROJECTS. (a) In General.--Paragraph (1) of section 738(e) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is amended by adding at the end the following: ``(E) $10,000,000 for fiscal year 1997. ``(F) $10,000,000 for fiscal year 1998. ``(G) $10,000,000 for fiscal year 1999.''. (b) Repeal of Certain Extension.--Paragraph (2) of section 102(d) of the Act entitled ``An Act to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to carry out certain programs and activities, to require certain reports from the Secretary of Veterans Affairs, and for other purposes'', approved February 13, 1996 (Public Law 104-110; 110 Stat. 769), is repealed, and the provisions of section 741 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11450) are amended so as to appear as in effect immediately before the enactment of Public Law 104-110. TITLE III--OTHER MATTERS SEC. 301. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS. Section 5(b)(2) of the Act of March 4, 1923 (36 U.S.C. 125(b)(2)), is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) In assuming responsibility for a war memorial under paragraph (1), the Commission may enter into arrangements with the sponsors of the memorial to provide for the repair or long-term maintenance of the memorial. Any funds transferred to the Commission for the purpose of this subparagraph shall, in lieu of subparagraph (A), be deposited by the Commission in the fund established by paragraph (3). ``(3)(A) There is established in the Treasury a fund which shall be available to the Commission for expenses for the maintenance and repair of memorials with respect to which the Commission enters into arrangements under paragraph (2)(B). The fund shall consist of (i) amounts deposited, and interest and proceeds credited, under subparagraph (B), and (ii) obligations obtained under subparagraph (C). ``(B) The Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (2)(B). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. ``(C) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.''. SEC. 302. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN STATE NURSING HOMES. Subsection (a) of section 2303 is amended to read as follows: ``(a)(1) When a veteran dies in a facility described in paragraph (2), the Secretary shall-- ``(A) pay the actual cost (not to exceed $300) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department; and ``(B) when such a death occurs in a State, transport the body to the place of burial in the same or any other State. ``(2) A facility described in this paragraph is-- ``(A) a Department facility (as defined in section 1701(4) of this title) to which the deceased was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or ``(B) an institution at which the deceased veteran was, at the time of death, receiving-- ``(i) hospital care in accordance with section 1703 of this title; ``(ii) nursing home care under section 1720 of this title; or ``(iii) nursing home care pursuant to payments made under section 1741 of this title.''. Passed the House of Representatives July 16, 1996. Attest: ROBIN H. CARLE, Clerk. | TABLE OF CONTENTS: Title I: Veterans Compensation Benefits Title II: Education and Other Readjustment Benefits Title III: Other Matters Veterans' Compensation and Readjustment Benefits Amendments of 1996 - Title I: Veterans Compensation Benefits - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected (and therefore compensable) when occurring in a radiation-exposed veteran. (Sec. 102) Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation. (Sec. 103) Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. (Sec. 104) Reduces the annual clothing allowance for veterans who are incarcerated and furnished clothing by the penal institution. (Sec. 105) Amends the Veterans' Benefits Improvement Act of 1994 to extend the due date for a final report from the Veterans' Claims Adjudication Commission concerning the disposition of claims for veterans' benefits. Provides funding. Title II: Education and Other Readjustment Benefits - Repeals provisions prohibiting the Secretary from approving the enrollment of an eligible veteran or other person in a course offered at an educational institution when such institution has been in operation for less than two years. Prohibits the Secretary from approving enrollment in a course not leading to a standard college degree when: (1) the institution or branch thereof offering the course has been operating for less than two years; or (2) following either a change in ownership or a move, the institution does not retain substantially the same faculty, student body, and courses. Provides for the approval or disapproval of courses offered by an institution under contract. Revises approval requirements concerning the adequacy of student records. (Sec. 202) Eliminates the distinction between the pursuit of education by open circuit television and independent study for purposes of the computation of the educational assistance allowance provided. (Sec. 203) Authorizes the Secretary to approve the pursuit of flight training if, among other requirements, the individual possesses a valid private pilot's license and meets the medical requirements for a commercial pilot's license on the first day of such training and within 60 days after successfully completing such training. (Sec. 204) Repeals a provision limiting the monthly educational assistance allowance payable to an individual pursuing a cooperative program. Increases the monthly educational allowance provided to individuals pursuing training in a business or industrial establishment as part of a full-time education program. (Sec. 205) Extends through 1997 the authority of the Secretary to issue certificates or other securities evidencing an interest in a pool of veterans' mortgage loans guaranteed by the Department. (Sec. 206) Amends the Stewart B. McKinney Homeless Assistance Act to extend through FY 1999 the authority for veterans' reintegration projects. Title III: Other Matters - Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials. Establishes in the Treasury a fund for such repair and maintenance expenses. (Sec. 302) Provides burial benefits when a veteran dies at an institution at which such veteran was receiving Department-authorized hospital or nursing home care. |
SECTION 1. CAREERS TO CLASSROOMS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2601 and 2602, respectively; and (3) by adding at the end the following: ``PART G--CAREERS TO CLASSROOMS ``SEC. 2401. CAREERS TO CLASSROOMS. ``(a) Definitions.--In this section: ``(1) Alternative certification program.--The term `alternative certification program' means a State-approved program that-- ``(A) provides the education and training necessary to enable an individual to be eligible for teacher certification in the State within a reduced period of time, compared to the time typically required to receive such certification; and ``(B) relies upon an individual's experience, expertise, academic qualifications, or other factors in lieu of traditional course work for eligibility to receive a degree in the field of education. ``(2) Eligible individual.--The term `eligible individual' means an individual-- ``(A) who has submitted an application described in subsection (d) to be a certified teacher through a State-approved alternative certification program in an elementary school or secondary school; ``(B) who has an associate, baccalaureate, or advanced degree from an accredited institution of higher education; ``(C) who-- ``(i) has substantial, demonstrable career experience and competence in mathematics, natural science, computer science, engineering, foreign language or another field of expertise determined by the State to be a field for which there is a significant shortage of qualified teachers and teacher applicants in that State; or ``(ii) within 5 years of the date on which the individual submits an application described in subparagraph (A)-- ``(I) has received a baccalaureate or advanced degree from an accredited institution of higher education in a field of expertise described in clause (i); and ``(II)(aa) has graduated with at least a 3.0 grade point average (or equivalent average on a different scale) in the major or graduate program for which the individual obtained the degree; ``(bb) has graduated at least in the top 50 percent of the individual's undergraduate or graduate class; ``(cc) can demonstrate a high level of competence through a high level of academic performance in core academic coursework and through successful passage of academic subject tests required by the State under its alternative certification program; and ``(dd) meets any additional academic or other standards or qualifications established by the State; ``(D) in the case of an individual receiving a stipend under this section, who agrees to, in good faith, seek employment and to consider offers of employment in the individual's subject matter of expertise in a high need elementary or secondary school within that State; and ``(E) who meets any additional teacher certification or other requirements that may be established by the State. ``(3) High need elementary or secondary school.--The term `high need elementary or secondary school' means a school-- ``(A)(i) in which the percentage of students from families below the Federal poverty level (as determined by the Secretary) is 20 percent or more; and ``(ii) that the State determines has experienced a significant period in which teacher vacancies have remained unfilled due to greater than normal difficulty in recruiting or retaining qualified teachers; ``(B) is within the top quartile of schools statewide with regard to the number of unfilled, available teacher positions; or ``(C) is located in an area, other than a metropolitan statistical area, that the State determines has a high percentage of students from low- income families or is one that has experienced greater than normal difficulty in recruiting or retaining teachers. ``(b) Program Authorized.--The Secretary may award, on a competitive basis, grants to States to enable such States to carry out the following activities: ``(1) Teacher recruitment, education, training, referral, placement, and retention activities to place eligible individuals as certified teachers in public schools through State-approved alternative certification programs. ``(2) To award stipends (in an amount not to exceed the lesser of $5,000 per person or an amount equal to the total costs of the types described in paragraphs (1), (2), (3), (8), and (9) of section 472 of the Higher Education Act of 1965 incurred by the eligible individual in obtaining alternative certification under this section) to eligible individuals who-- ``(A) are enrolled in a State authorized alternative certification program; and ``(B) agree to-- ``(i) seek certification through teacher certification programs in that State; and ``(ii) teach in a high need school in that State; with a preference being given to individuals who are deemed financially in need of such assistance by the State. ``(3) To provide grants, in a manner prescribed by the State, in an amount not to exceed $5,000 per eligible individual, per year, to high need elementary or secondary schools to offset the teacher mentoring, alternative certification, and other direct costs associated with accepting eligible individuals under this section. ``(4) To develop, or to award grants to accredited institutions of higher education for the development of, alternative certification programs, with preference given to programs tailored to eligible individuals under this section. ``(5) Other activities determined by the State to be reasonably necessary to carry-out the purposes of this section. ``(c) Criteria for Awarding of Grants.-- ``(1) In general.--To be eligible to receive a grant under this section a State shall-- ``(A) submit to the Secretary an application that contains-- ``(i) a description of the manner in which the State will carry out activities under this section; and ``(ii) a description of the alternative certification program of the State or a description of the manner in which the State is attempting to implement an alternative certification program; ``(B) provide assurances to the Secretary that the State will submit to the Secretary, at the end of the grant period, a report on how the activities carried out with funds made available under the grant were utilized, including a description of-- ``(i) the manner in which the funds were used to increase the number of qualified teachers hired in the State; ``(ii) the manner in which the funds improved teacher quality; ``(iii) the number of teachers hired under the grant; ``(iv) the professional experience and field of expertise of each teacher hired under the grant; and ``(v) the manner in which the funds were used to meet other objectives of this section or other objectives of the State with regard to teacher hiring, quality, retention, and student performance; ``(C) provide assurances that amounts received under the grant will be used to supplement and not supplant other Federal, State, and local funds expended to provide services for individuals and entities eligible to receive funds under this section; and ``(D) provide assurances to the Secretary that amounts received under the grants will be expended within 3 years of the receipt of such funds and agree to return unused funds to the Secretary. ``(2) Preference.--The Secretary shall give preference in the awarding of grants under this section to States that have developed, or that are developing, alternative certification programs that-- ``(A) rapidly place quality certified teachers into the classroom; ``(B) emphasize subject matter content; and ``(C) lead to the certification and placement of a large number of teachers in relation to the number of public elementary school and secondary school teachers in the State. ``(3) Limitations.--A grant under this section may be made for a period of up to 3 years, and may not exceed $10,000,000 per year. ``(4) Geographic diversity.--To the extent practicable, the Secretary shall award grants under this section to support programs in different geographic regions of the United States. ``(d) Application by Eligible Individuals.--To be eligible to participate as an eligible individual under this section, an individual shall submit an application to the State, or to an entity or individual designated by the State to receive such applications. Such application shall include-- ``(1) a description of the academic, professional, and other qualifications of the individual, including the academic or professional subject matter expertise of the individual; ``(2) a description of the subject matter area, and, if applicable, the grade level, in which the individual desires to teach; ``(3)(A) a description of whether the individual is seeking a stipend under this section (if offered by the State); and ``(B) if the individual is seeking such a stipend, a description of the willingness of the individual to teach in a high need elementary or secondary school for at least 2 years under this section; and ``(4) any other information or documentation that may be required by the State. ``(e) Stipends.-- ``(1) Counted for eligibility purposes.--A stipend received by an eligible individual under this section shall be taken into account in determining the eligibility of the individual for Federal student-based financial assistance. ``(2) Repayment.--The recipient of a stipend under this section shall repay amounts received under such stipend to the State from which the stipend was received if-- ``(A) the recipient fails to complete the applicable alternative certification program; ``(B) the recipient rejects a bona fide offer of employment during the 1-year period beginning on the date on which the individual completes the applicable alternative certification program; or ``(C) the recipient fails to teach for at least 2 years in a public elementary school or secondary school within that State during the 5-year period beginning on the date on which the individual completes the applicable alternative certification program. ``(3) Additional procedures.--A State that receives a grant under this section may establish additional procedures and rules with respect to the reimbursement of the State of any stipend funds under paragraph (2), and shall retain such reimbursed funds to carry out activities under this section. ``(4) Exceptions.--Paragraphs (2) and (3) shall not apply during the period of time in which an eligible individual is-- ``(A) pursuing a full-time course of study; ``(B) serving on active duty as a member of the Armed Forces; ``(C) temporarily totally disabled for a period of time not to exceed 3 years; ``(D) not able to secure employment for a period of not more than 12 months by reason of the care required by a spouse who is disabled; or ``(E) otherwise exempted from the requirements of such paragraphs as may be provided by the Secretary. ``(f) Public Awareness.--The Secretary shall disseminate and otherwise make available information concerning the program under this section, including-- ``(1) through the posting of a website on the Internet to enable interested persons to easily find information and application material for participation in activities under this section, that contains a nationwide, publicly searchable data bank of all State programs and all available public elementary and secondary teaching positions the Secretary is able to practicably ascertain, and a means by which individuals may apply to, or inquire of, multiple States' alternative certification programs under this section; ``(2) providing information to every State about the program under this section, including the criteria for State and individual eligibility; and ``(3) conducting other activities, either directly or through contract with other appropriate entities, to broaden awareness and participation in the program under this section. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 in fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2007.''. | Careers to Classrooms Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Careers to Classrooms program. Authorizes the Secretary of Education to award competitive grants to States for: (1) teacher recruitment, education, training, referral, placement, and retention activities to place eligible individuals as certified teachers in public schools through State-approved alternative certification programs; (2) stipends for eligible individuals enrolled in programs who agree to seek certification through teacher certification programs in that State and teach in a high-need school in that State, with preference for those individuals needing such assistance; (3) grants to high-need elementary or secondary schools to offset the teacher mentoring, alternative certification, and other direct costs associated with accepting eligible individuals under this Act; (4) grants to accredited institutions of higher education to develop alternative certification programs, with preference given to programs tailored to eligible individuals; and (5) other activities determined by the State to be reasonably necessary to carry out the purposes of this Act. Requires preference for such grants to be given to States that have developed, or are developing, alternative certification programs that: (1) rapidly place quality certified teachers into the classroom; (2) emphasize subject matter content; and (3) lead to the certification and placement of a large number of teachers in relation to the number of public elementary school and secondary school teachers in the State. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Holiday Act of 2001''. SEC. 2. STATE SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary of the Treasury shall reimburse each eligible State for the amount of State sales tax not collected with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001. (b) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under subsection (a) unless-- (1) the chief executive officer of the State informs the Secretary of the Treasury and the Director of Management and Budget, not later than November 15, 2001, of the intention of the State to qualify for such reimbursement, (2) the chief executive officer of such State agrees to verify, not later than June 1, 2002, the amount of State sales tax not collected with respect such property during such period, and (3) the Director of Management and Budget certifies such amount and recommends the amount of the reimbursement required by subsection (a). (c) Eligibility.--To be eligible to receive a reimbursement under subsection (a), a State shall-- (1) not collect sales tax with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001, and (2) shall comply with the requirements of this Act. (d) Prepayment With Adjustments.-- (1) Advance payment.--Subject to adjustment under paragraph (2), not later than February 1, 2002, the Secretary of the Treasury shall pay to each eligible State an amount equal to 80 percent of the annual average amount of sales tax collected by such State with respect to taxable tangible personal property payable during the taxable period in 1998, 1999, and 2000. (2) Adjustment.--The amount paid under paragraph (1) shall be adjusted for overpayment or underpayment to conform to the amount required to be paid under subsection (a). SEC. 3. NEW YORK CITY SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary of the Treasury shall reimburse the city of New York in the State of New York for the amount of municipal sales tax not collected with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001. (b) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under subsection (a) unless-- (1) the Mayor of the city of New York informs the Secretary of the Treasury and the Director of Management and Budget, not later than November 15, 2001, of the intention of the city of New York to qualify for such reimbursement, (2) the Mayor of the city of New York agrees to verify, not later than June 1, 2002, the amount of municipal sales tax not collected with respect such property during such period, and-- (3) the Director of Management and Budget certifies such amount and recommends the amount of the reimbursement required by subsection (a). (c) Eligibility.--To be eligible to receive a reimbursement under subsection (a), the City of New York shall-- (1) not collect municipal sales tax with respect to taxable tangible personal property payable for the period beginning November 23, 2001, and ending December 2, 2001, and (2) shall comply with the requirements of this Act. (d) Prepayment With Adjustments.-- (1) Advance payment.--Subject to adjustment under paragraph (2), not later than February 1, 2002, the Secretary of the Treasury shall pay to the Mayor of the city of New York an amount equal to 80 percent of the annual average amount of sales tax collected by such city with respect to taxable tangible personal property payable during the taxable period in 1998, 1999, and 2000. (2) Adjustment.--The amount paid under paragraph (1) shall be adjusted for overpayment or underpayment to conform to the amount required to be paid under subsection (a). SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds; and (ii) can or is required to be collected directly by sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food, tobacco products, and beverages containing alcohol, (2) the term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico, (3) the term ``taxable period'' means the period beginning November 23 and ending December 2, and (4) the term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax. | Sales Tax Holiday Act of 2001 - Directs the Secretary of the Treasury to reimburse States and New York City for lost sales tax on tangible personal property during a moratorium between November 23, 2001, and December 2, 2001. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hack the Department of Homeland Security Act of 2017'' or the ``Hack DHS Act''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY BUG BOUNTY PILOT PROGRAM. (a) Definitions.--In this section: (1) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of Internet-facing information technology of the Department in exchange for compensation. (2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Information technology.--The term ``information technology'' has the meaning given the term in section 11101 of title 40, United States Code. (4) Pilot program.--The term ``pilot program'' means the bug bounty pilot program required to be established under subsection (b)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (b) Establishment of Pilot Program.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities of Internet-facing information technology of the Department. (2) Requirements.--In establishing the pilot program, the Secretary shall-- (A) provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other Internet-facing information technology of the Department that are accessible to the public; (B) award a competitive contract to an entity, as necessary, to manage the pilot program and for executing the remediation of vulnerabilities identified as a consequence of the pilot program; (C) designate mission-critical operations within the Department that should be excluded from the pilot program; (D) consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of the pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under the pilot program; (E) consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 ``Hack the Pentagon'' pilot program and subsequent Department of Defense bug bounty programs; (F) develop an expeditious process by which an approved individual, organization, or company can register with the entity described in subparagraph (B), submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in the pilot program; and (G) engage qualified interested persons, including non-government sector representatives, about the structure of the pilot program as constructive and to the extent practicable. (c) Report.--Not later than 180 days after the date on which the pilot program is completed, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the pilot program, which shall include-- (1) the number of approved individuals, organizations, or companies involved in the pilot program, broken down by the number of approved individuals, organizations, or companies that-- (A) registered; (B) were approved; (C) submitted security vulnerabilities; and (D) received compensation; (2) the number and severity of vulnerabilities reported as part of the pilot program; (3) the number of previously unidentified security vulnerabilities remediated as a result of the pilot program; (4) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans; (5) the average length of time between the reporting of security vulnerabilities and remediation of the vulnerabilities; (6) the types of compensation provided under the pilot program; and (7) the lessons learned from the pilot program. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Department $250,000 for fiscal year 2018 to carry out this Act. Passed the Senate April 17, 2018. Attest: JULIE E. ADAMS, Secretary. | Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities to DHS Internet-facing information technology. A "bug bounty program" is a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of Internet-facing information technology of DHS in exchange for compensation. Under such program, DHS shall: provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other DHS Internet-facing information technology that are accessible to the public; award a competitive contract tomanage the pilot program and for executing the remediation of vulnerabilities identified bythe program; designate mission-critical operations within DHS that should be excluded from the pilot program; consult with the Department of Justice on how to protect from prosecution approved individuals or entities who comply with the requirements of the program; develop an expeditious process for registration, background checks, and eligibility determinations for participation in the pilot program; and engage interested persons about the structure of the program. DHS must report to Congress on the program within 180 days of its completion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Lighthouse Center and Museum Act''. SEC. 2. NATIONAL LIGHTHOUSE CENTER AND MUSEUM. Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1519 the following new chapter: ``CHAPTER 1520--NATIONAL LIGHTHOUSE CENTER AND MUSEUM ``Sec. ``152001. Organization. ``152002. Purposes. ``152003. Operation of museum. ``152004. Membership. ``152005. Governing body. ``152006. Powers. ``152007. Restrictions. ``152008. Duty to maintain corporate and tax-exempt status. ``152009. Records and inspection. ``152010. Service of process. ``152011. Liability for acts of officers and agents. ``152012. Annual report. ``152013. Definitions. ``Sec. 152001. Organization ``(a) Federal Charter.--The National Lighthouse Center and Museum, Inc., incorporated in New York, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 152002. Purposes ``The purposes of the corporation are as provided in its certificate of incorporation and include-- ``(1) broadening public appreciation and understanding of the lighthouse heritage of the United States; ``(2) collecting, researching, and interpreting the history and technology of lighthouses; ``(3) creating an archive and fostering research of the history of lighthouses in the United States; ``(4) serving as a contact point for public inquiry and assistance regarding the history of lighthouses in the United States using state of the art communication; ``(5) celebrating the lighthouse heritage of the United States through educational seminars, publications, films, festivals, living history, lighthouse trails, conferences, and other programs and materials; ``(6) supporting existing and future lighthouse museums, organizations, and sites; ``(7) establishing relationships with other organizations to further the purposes of the corporation under this section; and ``(8) engaging in any other lawful act or activity necessary to further the purposes of the corporation under this section. ``Sec. 152003. Operation of museum ``(a) In General.--The corporation shall operate a museum to be known as the National Lighthouse Center and Museum at the site of the former United States Lighthouse Depot located at what is now known as St. George, Staten Island, New York. ``(b) Storage Facility.--The corporation shall operate a storage facility located at or near the site described in subsection (a) for the care, conservation, and maintenance of artifacts in the collection of the corporation. ``(c) Support to Other Museums.--The corporation shall provide support to other museums that interpret the history of aids to navigation in the United States. ``(d) Designation of Collection.--The collection of artifacts of the National Lighthouse Center and Museum shall be known as the National Lighthouse Collection. ``(e) Exclusive Right.--The corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name `National Lighthouse Center and Museum' and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation. ``Sec. 152004. Membership ``Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws of the corporation. ``Sec. 152005. Governing body ``(a) Board of Directors.--The board of directors of the corporation and the responsibilities of the board are as provided in the certificate of incorporation and the bylaws of the corporation. ``(b) Officers.--The officers and the election of officers of the corporation are as provided in the bylaws of the corporation. ``Sec. 152006. Powers ``The corporation has only the powers provided in its bylaws and certificate of incorporation in the State of New York and in the certificate of authority in any other State in which the corporation is, or shall be, qualified to do business. ``Sec. 152007. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation or a director or officer, acting as such director or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. ``(c) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(d) Loans.--The corporation may not make a loan to a director, officer, or employee. ``(e) Claim of Governmental Approval or Authorization.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 152008. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of New York. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 152009. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. ``(b) Inspection.--Any officer or director, or any member entitled to vote (if any), or an agent or attorney of such officer, director, or member, may inspect the records of the corporation for any proper purpose at any reasonable time. ``Sec. 152010. Service of process ``The corporation shall comply with the law on service of process of the State of New York and in each State in which it carries on activities. ``Sec. 152011. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 152012. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. ``Sec. 152013. Definitions ``For purposes of this chapter-- ``(1) the term `corporation' means the National Lighthouse Center and Museum, Inc., incorporated in New York; and ``(2) the term `State' includes the District of Columbia and the territories and possessions of the United States.''. SEC. 3. CLERICAL AMENDMENT. The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1519 the following new item: ``1520. NATIONAL LIGHTHOUSE CENTER AND MUSEUM............... 152001''. | National Lighthouse Center and Museum Act - Amends specified Federal law to grant a Federal charter to the National Lighthouse Center and Museum, Inc. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Outsourcing and Create American Jobs Act of 2010''. SEC. 2. IDENTIFYING CORPORATE TAX HAVEN COUNTRIES AND INCREASING PENALTIES FOR TAX EVASION PRACTICES IN HAVEN COUNTRIES THAT SHIP UNITED STATES JOBS OVERSEAS. Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and publish a list of countries the Secretary determines to be corporate tax haven countries. In developing such list, the Secretary may consider the following criteria: (1) Tax rate in the country. (2) Lack of effective exchange of information between governments. (3) Lack of transparency in financial services sector. (4) Lack of requirements of substantial economic activity. (5) Incentives which may encourage a United States corporation to invest abroad rather than domestically. (6) Other factors deemed relevant by the Secretary. The Secretary shall review and update such list every 3 years. SEC. 3. INCREASE IN PENALTIES FOR CORPORATE TAX EVASION PRACTICES CONCERNING RETURNS, DOCUMENTS, AND ACTIVITIES RELATING TO TAX HAVEN COUNTRIES. (a) Accuracy-Related Penalty on Underpayments.--Section 6662 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(k) Increase in Penalty in Case of Tax Haven Countries.-- ``(1) In general.--In the case of any portion of an underpayment by a corporation for a taxable year which involves an undisclosed foreign financial asset located in a tax haven country at any time during such taxable year, subsection (a) shall be applied with respect to such portion by substituting `60 percent' for `20 percent'. ``(2) Tax haven country.--For purposes of this subsection, the term `tax haven country' means a country on the list published under section 2(a) of the Stop Outsourcing and Create American Jobs Act of 2010.''. (b) Understatements With Respect to Reportable Transactions.-- Section 6662A of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Increase in Penalty in Case of Tax Haven Countries.--In the case of any portion of a reportable transaction understatement by a corporation for a taxable year which involves a transaction that originates, terminates, or otherwise occurs in a tax haven country (as defined in section 6662(k)(2)), subsection (a) shall be applied with respect to such portion by substituting `40 percent' for `20 percent'.''. (c) Fraud Penalty.--Section 6663 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(d) Increase in Penalty in Case of Tax Haven Countries.--In the case of any fraud by a corporation involving an activity occurring in a tax haven country (as defined in section 6662(k)(2)), subsection (a) shall be applied by substituting `100 percent' for `75 percent'.''. (d) Erroneous Claim for Credit or Refund.--Section 6676 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(c) Increase in Penalty in Case of Tax Haven Countries.--In the case of claim or credit by a corporation for any excessive amount due for credits or refunds involving funds held or invested in a tax haven country (as defined in section 6662(k)(2)), subsection (a) shall be applied by substituting `40 percent' for `20 percent'.''. (e) Willful Attempt To Evade or Defeat Tax.--Section 7201 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``In the case of an attempt by a corporation which involves a tax haven country (as defined in section 6662(k)(2)), the preceding sentence shall be applied by substituting `$1,000,000' for `$500,000'''. (f) Fraud and False Statements.--Section 7206 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``In the case of an offense by a corporation described in the preceding sentence which involves a tax haven country (as defined in section 6662(k)(2)), the preceding sentence shall be applied by substituting `$1,000,000' for `$500,000'''. (g) Fraudulent Returns, Statements, or Other Documents.--Section 7207 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``In the case of an offense by a corporation described in either of the two preceding sentences which involves a tax haven country (as defined in section 6662(k)(2)), the appropriate sentence shall be applied by substituting `$150,000' for `$50,000'''. (h) Effective Date.--The amendments made by this section shall apply to-- (1) The amendments made by subsections (a) and (b) shall apply to underpayments attributable to transactions entered into after the date on which the list developed under section 2 is first published. (2) The amendment made by subsection (c) shall apply to returns the due date for which (determined without regard to extensions) is after the date on which the list developed under section 2 is first published. (3) The amendment made by subsection (d) shall apply to refunds and credits attributable to transactions entered into after the date on which the list developed under section 2 is first published. (4) The amendment made by subsection (e), (f), and (g) shall apply to offenses committed after the date on which the list developed under section 2 is first published. SEC. 4. PREFERENCES IN GOVERNMENT CONTRACTS. (a) Preference.--A Federal department or agency may give a preference in the award of a contract for the procurement of goods or services in a fiscal year to any potential contractor that has not engaged in outsourcing during the fiscal year preceding the fiscal year in which the contract is awarded. (b) Requirement To Request Outsourcing Information From Potential Contractors.-- (1) In general.--In any solicitation for offers for a contract issued by a Federal department or agency in a fiscal year, the department or agency shall request each offeror for the contract to provide information regarding whether the offeror engaged in outsourcing during the fiscal year preceding the fiscal year in which the contract is to be awarded. (2) Penalty and debarment.--Any offeror found to be in violation of paragraph (1), including making a false statement regarding the offeror's engagement in outsourcing-- (A) shall, notwithstanding section 1001 of title 18, United States Code, be liable to the United States for a civil penalty in an amount not more than the value of the contract the offeror is seeking; and (B) shall be debarred, by the head of the department or agency soliciting the offer, from contracting with the Federal Government for a period of two years starting on the date on which the offeror is found to be in violation of paragraph (1). (3) Effective date.--This subsection shall apply to solicitations for contracts issued on and after the date occurring one year after the date of the enactment of this Act. (c) Outsourcing Defined.--In this section, the term ``outsourcing'' means the laying off of a United States worker from a job, and the hiring or contracting for the same job to be performed in a foreign country. SEC. 5. DEFICIT REDUCTION. Amounts which the Secretary of the Treasury estimates are received in the Treasury by reason of this Act are hereby set aside for the reduction of the public debt. | Stop Outsourcing and Create American Jobs Act of 2010 - Directs the Secretary of the Treasury to develop and publish a list of countries that are tax havens for corporations. Amends the Internal Revenue Code to increase the penalties on corporations for: (1) underpayment of tax involving an undisclosed foreign financial asset located in a tax haven country; (2) reportable transaction understatements involving transactions in a tax haven country; and (3) fraud, tax evasion, or false statements involving transactions in a tax haven country. Grants a preference in the award of federal contracts to contractors who have not engaged in outsourcing. Defines "outsourcing" as the laying off of a U.S. worker from a job and the hiring or contracting for the same job to be performed in a foreign country. Requires revenues generated by this Act to be set aside for the reduction of the public debt. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Deal for Northern New Mexico of 1998''. SEC. 2. PURPOSE, DEFINITIONS AND FINDINGS. (a) Purpose.--The purpose of this Act is to create a mechanism for the settlement of Spanish and Mexican land grant claims in New Mexico as claimed under the Treaty of Guadalupe-Hidalgo. (b) Definitions.--For purposes of this Act: (1) Treaty of guadalupe-hidalog.--The term ``Treaty of Guadalupe-Hidalogo'' means the Treaty of Peace, Friendship, Limits, and Settlement (Treaty of Guadalupe-Hidalgo), between the United States and the Republic of Mexico, signed February 2, 1848 (TS 207; 9 Bevans 791); (2) Community land grant.--The term ``community land grant'' means a village, town, settlement, or pueblo consisting of land held in common (accompanied by lesser private allotments) by three or more families under a grant from the King of Spain (or his representative) before the effective date of the Treaty of Cordova, August 24, 1821, or from the authorities of the Republic of Mexico before May 30, 1848, in what became the State of new Mexico, regardless of the original character of the grant. (3) Land grant claim.--The term ``land grant claim'' means a claim of title to land by a community land grant under the terms of the Treaty of Guadalupe-Hidalgo. (4) Eligible descendants.--The term ``eligible descendant'' means a descendant of a person who-- (A) was a Mexican citizen before the Treaty of Guadalupe-Hidalgo; (B) was a member of a community land grant; and (C) became a United States citizen within ten years after the effective date of the Treaty of Guadalupe- Hidalgo, May 30, 1848, pursuant to the terms of the Treaty. (5) Settlement committee.--The term ``settlement committee'' refers to committee, or one of the county specific subcommittees as appropriate, authorized in Section 3 of this Act. (6) Reconstituted.--The term ``reconstituted,'' with regard to a valid community land grant, means restoration to full status as a municipality with rights properly belonging to a municipality under State law, including the nontaxability of municipal property (common lands) and the right of local self- government. (c) Findings.--Congress finds the following: (1) New Mexico has a unique and complex history regarding land ownership due to the substantial number of Spanish and Mexican land grants that were an integral part of the colonization of New Mexico before the United States acquired the area in the Treaty of Guadalupe-Hidalgo. (2) Under the terms of the Treaty of Guadalupe-Hidalgo, these land grant claims were recognized as valid property claims under United States law. (3) Several studies, including the New Mexico Land Grant Series published by the University of New Mexico, have documented that the Treaty of Guadalupe-Hidalgo in regards to these land grant claims in New Mexico was never well implemented. Whether because of a lack of knowledge of Spanish land law on the part of the judicial system in the then new Territory of New Mexico, whether because of inadequate or conflicting documentation of these claims, or whether it was due to sharp legal practices, many of the former citizens of Mexico, and then new citizens of the United States, lost title to lands that had been guaranteed to them by treaty. (4) Following the United States war with Mexico, the economy of the Territory of New Mexico was dependent on the use of land resources, and that held true for much of this century as well. When the land grant claimants lost title to their land, the predominantly Hispanic communities in northern New Mexico lost a keystone to their economy. The effects of this loss have had long lasting economic consequences and are in part the cause that these communities remain some of the poorest in the United States. (5) The history of the implementation of the Treaty of Guadalupe-Hidalgo has been a source of continuing controversy for generations and has left a lingering sense of injustice in the communities in northern New Mexico, which has periodically led to armed conflicts. (6) The Government of the United States has an obligation to try to find an equitable remedy for the inadequate implementation of the Treaty of Guadalupe-Hidalgo and the consequences that has had on the communities and people of New Mexico. This should be done as expeditiously as possible. However, reconstructing the one hundred and fifty year history of land title claims and transfers in these communities is likely to prove lengthy and costly. In some cases it may never be possible to adequately reconstruct the title history. (7) The Secretary of the Interior has had an experience in administratively developing settlement packages to resolve large and complex Tribal water rights claims as an alternative to lengthy and expensive litigation. This experience may be invaluable in resolving the large, complex, and sometimes conflicting Spanish and Mexican land grant claims in northern New Mexico. (8) The history of colonial Spanish America, the system of land distribution under Spanish and Mexican law, and the subsequent impacts to that system following the transfer of territory from Mexico to the United States under the Treaty of Guadalupe-Hidalgo is a requisite body of knowledge in determining an appropriate settlement of land grant claims. It is also an integral part of the national history and culture of the United States of America and, as such, deserves formal recognition and interpretation by our institutions of historical preservation. SEC. 3. CREATION OF SETTLEMENT COMMITTEES. (a) Within one hundred and eighty (180) days of enactment of this Act, the Secretary of the Interior working through the Bureau of Land Management and the Bureau of Indian Affairs, and the Secretary of Agriculture working through the Forest Service are hereby authorized and directed to establish a ``Settlement Committee'' to develop comprehensive settlements for land grant claims on a county by county basis. (b) The Settlement Committee will be comprised of separate subcommittees for each county in which there are land grant claims in New Mexico. (c) Each county subcommittee shall by comprised of seven members including: (1) a representative of the Secretary of the Interior; (2) a representative of the Secretary of Agriculture; (3) a representative of the State Commissioner of Public Lands; and (4) four residents of the particular county in question. The four county representatives are to be appointed their county commissions: Provided, That in counties with federally recognized Native American Indian Tribes that at least one county representative shall be an enrolled member of a tribe whose reservation pueblo boundaries come within that county: Provided further, That at least one county representative shall be an eligible descendent who is not an enrolled member of a Native American Indian Tribe. (d) Each member shall be appointed for the life of the Settlement Committee. A vacancy in the Settlement Committee shall be filled in the manner in which the original appointment was made. SEC. 4. SUBMISSION OF LAND GRANT CLAIMS. (a) Within ninety (90) days of the creation of the settlement committee it shall establish a set of guidelines for the submission of land grant claims, and publish these guidelines within papers of general circulation in each of the counties in New Mexico. (b) Land grant claims must be submitted to the appropriate county settlement committee within one year of the publication of the guidelines. SEC. 5. REVIEW AND SETTLEMENT PACKAGE. (a) The settlement committee for each county shall review all of the submitted claims in the county and, based on the documentation at its disposal, make an initial determination concerning their potential validity including: possible past conveyances, the accuracy of the boundaries of the land claimed, and the number of eligible heirs affected. (b) Upon completing this review, the settlement committee shall develop a proposed settlement package in satisfaction of land grant claims within that county. In creating the settlement package, the settlement committee shall take into account: the degree of certainty with which it has determined that various claims are valid, the impacts, including economic and social impacts, that any unfulfilled land grant claims may have had on the communities within that county, the relative benefits of various settlement options on those communities, and whether there is a legal entity that can accept settlement. The elements of a proposed settlement package may include, but are not limited to: (1) restoration of lands to a given land grant community or communities; (2) reconstitution of a given land grant community or communities; (3) the setting aside of certain lands for communal use for fuel wood, building materials, hunting, recreation, etc. These lands could be set aside as special managerial units within existing Federal land management agencies or transferred to local county, tribal, or municipal, governments; (4) trust funds for scholarships or home and business loans; or (5) land for commercial use with the proceeds to be deposited into the trust funds. (c) The settlement committee shall complete its review and proposed settlement package within three years of the deadline for submission of land grant claims under this Act, and submit them in a report to the Senate Committee on Energy and Natural Resources and the Senate Committee on Indian Affairs, and to the House Resources Committee. Any proposal that requires action by the government of the State of New Mexico shall be submitted to the Governor, to the Speaker of the State House of Representatives, and to the President Pro Tem of the State Senate for New Mexico. SEC. 6. ADMINISTRATION OF THE SETTLEMENT COMMITTEE. (a) To complete its tasks the settlement committee may use a variety of methods to gather information and to build community consensus on the form of a proposed settlement package, including: the use of town meetings, holding formal hearings, the solicitation of written comments, and the use of mediators trained in alternative dispute resolution methods. The settlement committee is also authorized to hire consultants as it may choose for historical, economic, and legal analysis. In its efforts to develop a consensus on a settlement package, the Settlement Committee is not subject to the Federal Advisory Committee Act (Public Law 92-462; 5 U.S.C. Ap. 2 Sec. 1). (b) Gifts, Bequests, and Devises.--The Settlement Committee may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Settlement Committee. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Settlement Committee. For purposes of the Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. (c) Administrative Support Services.--Upon the request of the Settlement Committee, the Administrator of General Services shall provide to the Settlement Committee, on a reimbursable basis, the administrative support services necessary for the Settlement Committee to carry out its responsibilities under this Act. (d) Immunity.--The Settlement Committee is an agency of the United States for the purpose of part V of title 18, United States Code (relating to the immunity of witnesses). (e) Compensation.--Members of the Settlement Committee shall each be entitled to receive the daily equivalent of level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Settlement Committee. SEC. 7. SPANISH LAND GRANT STUDY PROGRAM. (a) The Secretary of the Smithsonian Institution and the Settlement Committee working in conjunction with the University of New Mexico, and Highlands University shall establish a Spanish Land Grant Study program with a research archive at the Onate Center in Alcalde, New Mexico. This program shall be designed to meet the requirements of the Smithsonian Institution's Affiliated Institutions Program. (b) The purposes of the Spanish Land Grant Study Program are to assist the Settlement Committee in the performance of its activities under section 5, and to archive and interpret the history of land distribution in the southwestern United States under Spanish and Mexican law, and the changes to this land distribution system following the transfer of territory from Mexico to the United States under the terms of the Treaty of Guadalupe-Hidalgo in 1848. SEC. 8. TERMINATION. The Settlement Committee shall terminate on 180 days after submitting its final report to Congress under section 5. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,500,000 for each of the fiscal years 1999 through 2003 for the purpose of carrying out the activities of the Settlement Committee created in section 3, and the Spanish Land Grant Study Program created in section 7. | Fair Deal for Northern New Mexico of 1998 - Directs the Secretaries of the Interior and of Agriculture to establish a Settlement Committee to develop comprehensive settlements for land grant claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Requires submission of land grant claims by eligible Mexican descendants to the appropriate New Mexico county settlement committee to be reviewed for their validity and settlement. Directs the Secretary of the Smithsonian Institution and the Settlement Committee to establish a Spanish Land Grant Study program, with a research archive at the Onate Center in Alcalde, New Mexico, in order to assist the Settlement Committee and to archive and interpret the history of land distribution in the southwestern United States under Spanish and Mexican law, including the changes to such distribution system following the transfer of territory from Mexico to the United States under the terms of the Treaty. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Korea Defense Service Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 40,000 members of the United States Armed Forces have served on the Korean Peninsula each year since the signing of the cease-fire agreement in July 1953 ending the Korean War. (2) An estimated 1,200 members of the United States Armed Forces died as a direct result of their service in Korea since the cease-fire agreement in July 1953. SEC. 3. KOREA DEFENSE SERVICE MEDAL. (a) Army.--(1) Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3754. Korea Defense Service Medal ``(a) The Secretary of the Army shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Army served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c). ``(b) In this section, the term `KDSM eligibility period' means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal. ``(c) The Secretary of the Army shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3754. Korea Defense Service Medal.''. (b) Navy and Marine Corps.--(1) Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 6256. Korea Defense Service Medal ``(a) The Secretary of the Navy shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Navy or Marine Corps served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c). ``(b) In this section, the term `KDSM eligibility period' means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal. ``(c) The Secretary of the Navy shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``6256. Korea Defense Service Medal.''. (c) Air Force.--(1) Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8754. Korea Defense Service Medal ``(a) The Secretary of the Air Force shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Air Force served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c). ``(b) In this section, the term `KDSM eligibility period' means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal. ``(c) The Secretary of the Air Force shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``8754. Korea Defense Service Medal.''. (d) Award for Service Before Date of Enactment.--The Secretary of the military department concerned shall take appropriate steps to provide in a timely manner for the issuance of the Korea Defense Service Medal, upon application therefor, to persons whose eligibility for that medal is by reason of service in the Republic of Korea or the waters adjacent thereto before the date of the enactment of this Act. | Korea Defense Service Medal Act - Directs the Secretary of the military department concerned to issue a campaign medal, to be known as the Korea Defense Service Medal, to each member who served in the Republic of Korea or its adjacent waters after July 27, 1954. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Franchise Relocation Act of 1998''. SEC. 2. DEFINITIONS. For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Home territory.--The term ``home territory'' means the geographic metropolitan area within which a member team operates and plays the majority of its home games. (3) Interested party.--The term ``interested party'' includes, with respect to a member team-- (A) any political subdivision of a State that provides, or has provided, financial assistance, including tax abatement, for facilities (including a stadium or arena) in which the member team plays; (B) a representative of the political subdivision with jurisdiction over the geographic area in which the stadium or arena of the member team is located; (C) the member team; (D) the owner or operator of a stadium or arena of the member team; and (E) any other person who is determined by the sports league of the member team to be an affected party. (4) Member team.--The term ``member team'' means a team of professional athletes-- (A) organized to play professional football, basketball, soccer, or hockey; and (B) that is a member of a professional sports league. (5) Person.--The term ``person'' means any individual, partnership, corporation, or unincorporated association, any combination or association thereof, or any State or political subdivision of a State. (6) Professional sports league.--The term ``professional sports league'' means an association that-- (A) is composed of 2 or more member teams; (B) regulates the contests and exhibitions of its member teams; and (C) has been engaged in competition in a particular sport for a period of more than 7 years. (7) Stadium; arena.--The terms ``stadium'' and ``arena'' mean the principal physical facility within which a member team plays the majority of its home games. SEC. 3. INAPPLICABILITY OF THE ANTITRUST LAWS. It shall not be unlawful under the antitrust laws for a professional sports league (or a member team of such league acting jointly with another member team of such league, under the authority of such league) to issue or enforce rules, or to enter into or carry out agreements, to permit or to restrict the relocation of any such member team. SEC. 4. PROCEDURAL REQUIREMENTS. (a) Request for Approval.-- (1) In general.--Not later than 210 days before the commencement of the season in which a member team proposes to play in a new location, any person seeking to change the home territory of the member team shall submit a request for approval of the proposed change to the appropriate professional sports league. (2) Requirements.--Each request for approval submitted under paragraph (1) shall-- (A) be in writing; (B) be delivered in person or by certified mail to each interested party not later than 30 days after submission to the appropriate professional sports league under paragraph (1); (C) be made available by the date specified in subparagraph (B) to the news media; (D) be published by the date specified in subparagraph (B) in 1 or more newspapers of general circulation in the home territory of the member team; and (E) contain-- (i) an identification of the proposed location of the member team; (ii) a summary of the reasons for the change in home territory, taking into consideration the criteria described in subsection (b)(2); (iii) the date on which the proposed change is intended to become effective; and (iv) a detailed description of-- (I) the requirements specified in this subsection applicable to the submission of such request; (II) the procedures specified in subsection (b) applicable to requests submitted under this subsection; (III) the requirements specified in subsection (c) applicable to decisions on such requests; (IV) the requirements specified in subsection (d) applicable to notice of decisions on such requests; and (V) the relief available under section 5 to a prevailing interested party. (b) Procedures.-- (1) Establishment.--Each professional sports league shall establish rules and procedures for approving or disapproving requests submitted under subsection (a), that shall-- (A) include criteria to be considered by the professional sports league in approving or disapproving such requests; and (B) be made available upon request to any interested party. (2) Criteria to be considered.--The criteria described in paragraph (1)(A) shall include-- (A) the extent to which fan loyalty to and support for the member team has been demonstrated, through attendance, ticket sales, and television ratings, during the tenure of the member team in the home territory; (B) the degree to which the member team has engaged in good faith negotiations with appropriate persons concerning the terms and conditions under which the member team might continue to play its games in its current home territory; (C) the degree to which the ownership or management of the member team has contributed to any circumstance that might demonstrate the need for the relocation of the member team; (D) the extent to which the member team has, directly or indirectly, received public financial support by means of any publicly financed playing facility, rent abatement, special tax treatment, any other form of public financial support, any other public benefits not generally available to businesses as a whole within the jurisdiction, and the extent to which such support continues; (E) the adequacy of the stadium or arena of the member team, and the willingness of the stadium or arena authority and the local government to remedy any deficiencies in the stadium or arena; (F) whether the member team has incurred net operating losses, exclusive of depreciation or amortization, sufficient to threaten the continued financial viability of the member team; (G) whether any other member team in the professional sports league is located in the home territory of the member team; (H) whether the member team proposes to relocate to a territory in which no other member team in the professional sports league is located; (I) whether the stadium or arena authority, if public, is opposed to the relocation; (J) the effect that relocation will have on contracts, agreements, or understandings between the member team and public and private parties; and (K) any other criteria considered to be appropriate by the professional sports league. (c) Decision.--In determining whether to approve or disapprove a proposed request submitted under subsection (a), the professional sports league shall-- (1) ensure that the requirements of subsection (a) have been satisfied; (2) conduct a hearing at which interested parties shall be afforded an opportunity to submit written testimony and exhibits; and (3) keep a written record of such hearing and any testimony and exhibits submitted under paragraph (2). (d) Notice of Decision.--Not later than 5 days after making a decision to approve or disapprove a request submitted under subsection (a), the professional sports league shall provide to each interested party, make available to the news media, and publish in a newspaper described in subsection (a)(2)(D), a notice that includes-- (1) a statement of such decision; and (2) a detailed description of-- (A) the requirements specified in subsection (a) applicable to the submission of such request; (B) the procedures specified in subsection (b) applicable to the request submitted under subsection (a); (C) the requirements specified in subsection (c) applicable to the decision on such request; (D) the requirements specified in this subsection applicable to notice of the decision on such request; and (E) the relief available under section 5 to a prevailing interested party. SEC. 5. JUDICIAL REVIEW. (a) In General.--Compliance by a professional sports league with section 4 may be reviewed in a civil action commenced by an interested party, but only in accordance with this section. (b) Venue; Time Limitation.--Not later than 21 days after a professional sports league complies with section 4(d), a civil action under subsection (a) may be commenced in any judicial district of the United States, excluding a judicial district-- (1) established in the State that contains-- (A) the home territory of the member team with respect to which such action is commenced; or (B) the proposed location of the member team; or (2) that includes any geographical area that is less than 75 miles from any part of such home territory. (c) Relief.--If the plaintiff prevails in a civil action commenced under subsection (a) against a professional sports league, the court shall enjoin such league-- (1) to vacate the decision of such league to approve or disapprove the request by the member team involved to change its home territory; and (2) not to approve or disapprove such request until such league complies with section 4. SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--This Act shall not apply with respect to conduct occurring before the date of the enactment of this Act. | Professional Sports Franchise Relocation Act of 1998 - Declares that it shall not be unlawful under the antitrust laws for a professional sports league to issue or enforce rules, or to enter into or carry out agreements, to permit or restrict the relocation of any member team of such league. (Sec. 4) Requires any person seeking to change a team's home territory to submit to the appropriate professional sports league, within 210 days before the commencement of the season in which it proposes to play in a new location, a request for approval of the proposed change. Specifies request requirements, including that each request: (1) be made available to the news media and be published in one or more general circulation newspapers in the team's home territory; and (2) contain the proposed location, the reasons for the change, and the intended effective date. Requires each league to establish rules and procedures for approving or disapproving requests that shall be made available upon request to any interested party. Includes among the criteria each league shall consider: (1) fan loyalty ; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) the adequacy of the stadium or arena of the member team and the willingness of the stadium or arena authority or local government to remedy any deficiencies; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires the league: (1) in determining whether to approve or disapprove a proposed request, to conduct and keep a written record of a hearing at which interested parties shall be afforded an opportunity to submit written testimony and exhibits; and (2) within five days after making its decision, to provide to each interested party and the news media a notice of the decision, including a detailed description of associated requirements and procedures. (Sec. 5) Permits league compliance to be reviewed in a civil action commenced by an interested party. Authorizes commencement of a civil action, within 21 days after the league provides notice of its decision, in any U.S. judicial district, excluding any judicial district: (1) established in the State that contains the team's home territory with respect to which such action is commenced or the proposed team location; or (2) that includes a geographical area that is less than 75 miles from any part of such home territory. Directs the court, if the plaintiff prevails, to enjoin the league: (1) to vacate its decision; and (2) not to approve or disapprove such request until the league complies with this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection From Price Gouging Against Disaster Victims Act of 2005''. SEC. 2. FINDINGS AND GOALS. (a) Findings.--Congress finds that-- (1) the United States experiences tremendous generosity and goodwill in the wake of natural disasters; (2) unfortunately, some unscrupulous individuals take advantage of those disasters in an attempt to gain financially; (3) the Federal Trade Commission is charged with preventing unfair methods of competition and unfair and deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45); (4) the Federal Trade Commission has extensive experience analyzing markets and competitive issues in order to determine whether market participants are engaging in actions that may have anticompetitive effects; and (5) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives are charged by their respective Houses with consumer protection. (b) Goals.--The goals of this Act are-- (1) to decrease the occurrence of persons charging unconscionably excessive prices for consumer goods and services following natural disasters; (2) to require the Federal Trade Commission to conduct ongoing investigations of actions intended to disadvantage consumers following natural disasters; and (3) to ensure that sufficient enforcement authority is available to the Commission to carry out the responsibilities of the Commission under this Act and the amendments made by this Act. SEC. 3. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended-- (1) by redesignating sections 25 and 26 as sections 26 and 27, respectively; and (2) by inserting after section 24 the following: ``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS. ``(a) Definitions.--In this section: ``(1) Affected area.--The term `affected area' means an area affected by a major disaster declared by the President under Federal law in existence on the date of enactment of the Protection From Price Gouging Against Disaster Victims Act of 2005. ``(2) Consumer good or service.-- ``(A) In general.--The term `consumer good or service' means a good, piece of equipment, or service provided primarily for personal, family, or household purposes, including food, water, ice, a chemical, a building supply, a tool, a petroleum product, a residential construction, reconstruction, or repair service, or a service for the removal of debris (including a damaged tree) or garbage. ``(B) Inclusion.--The term `consumer good or service' includes a property or a facility rented to a consumer for use as a residence or storage facility. ``(3) Price gouging.--The term `price gouging' means the charging of an unconscionably excessive price by a supplier in an affected area. ``(4) Supplier.--The term `supplier' includes a seller, reseller, wholesaler, distributor, retailer, lessor, provider, or licensed or unlicensed contractor, subcontractor, or laborer engaged in the provision or distribution of a consumer good or service. ``(5) Unconscionably excessive price.--The term `unconscionably excessive price' means a price charged in an affected area for a consumer good or service that-- ``(A) represents a gross disparity, as determined by the Commission in accordance with subsection (e), between the price charged for the good or service and the average price of the good or service charged by suppliers in the affected area during the 30-day period immediately before the President declares the existence of a major disaster; and ``(B) is not attributable to increased wholesale or operational costs incurred by the supplier in connection with the provision of the consumer good or service. ``(b) Determination of the Commission.--Following the declaration of a major disaster by the President, the Commission shall-- ``(1) consult with the Attorney General of the United States, the United States Attorney for the district in which the disaster occurred, and State and local law enforcement officials to determine whether any supplier in the affected area is charging or has charged an unconscionably excessive price for any consumer good or service provided in the affected area; and ``(2) establish within the Commission-- ``(A) a toll-free hotline that a consumer may call to report an incidence of price gouging in the affected area; and ``(B) a program to develop and distribute to the public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging. ``(c) Price Gouging Involving Disaster Victims.-- ``(1) Offense.--During the 180-day period after the date on which a major disaster is declared by the President, no supplier shall provide, or offer to provide, any consumer good or service in an affected area at an unconscionably excessive price. ``(2) Action by commission.-- ``(A) In general.--During the period described in paragraph (1), the Commission shall conduct investigations to determine whether any supplier in an affected area is in violation of paragraph (1). ``(B) Positive determination.--If the Commission determines under subparagraph (A) that a supplier is in violation of paragraph (1), the Commission shall take any action the Commission determines to be appropriate to remedy the violation. ``(3) Civil penalties.--A supplier that commits an offense described in paragraph (1) may, in a civil action brought in a court of competent jurisdiction, be subject to-- ``(A) a civil penalty not more than $500,000; ``(B) an order to pay special and punitive damages; ``(C) an order to pay reasonable attorney's fees; ``(D) an order to pay costs of litigation relating to the offense; ``(E) an order for disgorgement of profits earned as a result of a violation of paragraph (1); and ``(F) any other relief determined by the court to be appropriate. ``(4) Criminal penalty.--A supplier that knowingly commits an offense described in paragraph (1) shall be imprisoned not more than 1 year. ``(5) Action by victims.--A person, Federal agency, State, or local government that suffers loss or damage as a result of a violation of paragraph (1) may bring a civil action against a supplier in any court of competent jurisdiction for disgorgement, special or punitive damages, injunctive relief, reasonable attorney's fees, costs of the litigation, and any other appropriate legal or equitable relief. ``(6) Action by state attorneys general.--An attorney general of a State, or other authorized State official, may bring a civil action in the name of the State, on behalf of persons residing in the State, in any court of competent jurisdiction for disgorgement, special or punitive damages, reasonable attorney's fees, costs of litigation, and any other appropriate legal or equitable relief. ``(7) No preemption.--Nothing in this section preempts any State law. ``(d) Report.--Not later than 1 year after the date of enactment of the Protection From Price Gouging Against Disaster Victims Act of 2005, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing-- ``(1) the number of price gouging complaints received by the Commission for each major disaster declared by the President during the preceding year; ``(2) the number of price gouging investigations of the Commission initiated, in progress, and completed as of the date on which the report is prepared; ``(3) the number of enforcement actions of the Commission initiated, in progress, and completed as of the date on which the report is prepared; ``(4) an evaluation of the effectiveness of the toll-free hotline and program established under subsection (b)(2); and ``(5) recommendations for any additional action with respect to the implementation or effectiveness of this section. ``(e) Definition of Gross Disparity.--Not later than 180 days after the date of enactment of the Protection From Price Gouging Against Disaster Victims Act of 2005, the Commission shall promulgate regulations to define the term `gross disparity' for purposes of this section.''. SEC. 4. EFFECT OF ACT. Nothing in this Act, or an amendment made by this Act, affects any authority of the Federal Trade Commission in existence on the date of enactment of this Act with respect to price gouging actions. | Protection From Price Gouging Against Disaster Victims Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following declaration of a major disaster by the President in order to determine whether unconscionably excessive prices for any consumer good or service are being charged in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging. Prohibits unconscionably excessive prices for any consumer good or service in an affected area during the 180-day period after the date on which a major disaster is declared by the President. Subjects violations of this Act to specified civil and criminal penalties. Authorizes victims and state Attorneys General to bring a civil action against violators of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Passenger Infrastructure and Network Overhaul through Financial Freedom Act''. SEC. 2. INTERIM DIRECTED SERVICE. (a) Transfer of Ownership.--Effective on the date of the enactment of this Act-- (1) title to all property of the National Railroad Passenger Corporation necessary for the operation of the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and the Autotrain shall transfer to the Secretary of Transportation; and (2) the note and mortgage described in section 24907 of title 49, United States Code, is canceled, in consideration for the transfer described in paragraph (1). (b) Interim Operations.--The Secretary of Transportation shall ensure the continuation of maintenance and dispatching of service on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and of the Autotrain, until directed service is initiated under subsection (c). The Secretary is authorized to use personnel of the National Railroad Passenger Corporation to carry out this subsection. (c) Directed Service.--Not later than 3 months after the date of the enactment of this Act, the Secretary of Transportation shall complete a competitive selection of an entity or entities to maintain and dispatch service on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and for the Autotrain, and shall take such actions as are necessary to initiate and maintain such directed service until the disposition of such operations pursuant to sections 3 and 4, and for such additional time as is necessary to ensure the orderly transition of operations under those sections. In carrying out this subsection, the Secretary and any entity or entities selected by the Secretary shall have the powers and authorities, including access rights, of the National Railroad Passenger Corporation with respect to the service involved. SEC. 3. NORTHEAST CORRIDOR. (a) Comptroller General Analysis.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall transmit to the Secretary of Transportation a report analyzing the capital requirements needed to ensure that the Northeast Corridor can be operated in a financially viable manner. (b) Determination of Appropriate Disposition.--Not later than 2 years after the date of the enactment of this Act, the Secretary, after considering the prospects of financial viability, including capital requirements as reported under subsection (a) and proposed financing options, shall determine which of the following options is most appropriate for the disposition of the operations (and all necessary supporting property) described in section 2(b) and (c) with respect to the Northeast Corridor: (1) Transfer of such operations to an interstate compact, entered into under section 410 of the Amtrak Reform and Accountability Act of 1997, consisting of the States of the Northeast Corridor. (2) Transfer of such operations to a new quasi-governmental corporation or to a private sector corporation. (3) Retention of ownership by the Secretary of Transportation, with competitive franchising, by 1 or more entities, of the management and dispatching of service. The Secretary shall transmit to the Congress a report on the determination made under this subsection. (c) Implementation.--Not later than 6 months after a determination is made under subsection (b), the Secretary shall implement the appropriate disposition as so determined. SEC. 4. AUTOTRAIN. (a) Determination of Appropriate Disposition.--Not later than 1 year after the date of the enactment of this Act, the Secretary, after considering the prospects of financial viability, including capital requirements and proposed financing options, shall determine which of the following options is most appropriate for the disposition of the operations (and all necessary supporting property) described in section 2(b) with respect to the Autotrain: (1) Transfer of such operations to a new quasi-governmental corporation or to a private sector corporation. (2) Retention of ownership by the Secretary of Transportation, with competitive franchising, by 1 or more entities, of the management and operations. The Secretary shall transmit to the Congress a report on the determination made under this subsection. (b) Implementation.--Not later than 6 months after a determination is made under subsection (a), the Secretary shall implement the appropriate disposition as so determined. SEC. 5. FUNDING. (a) Retention of Amounts.--The Secretary of Transportation shall retain all amounts appropriated by the Federal Government for fiscal year 2002 for the National Railroad Passenger Corporation that have not been provided to the National Railroad Passenger Corporation, and such amounts shall be available to the Secretary for carrying out this Act. (b) Transfer of Amounts.--The National Railroad Passenger Corporation shall transfer to the Secretary of Transportation all amounts appropriated by the Federal Government for fiscal year 2002 and provided to the National Railroad Passenger Corporation, and such amounts shall be available to the Secretary for carrying out this Act. SEC. 6. NONAPPLICABILITY OF PROVISION. A local governmental authority (as defined in section 5302(a)(6) of title 49, United States Code) shall not be subject to any obligation under any arrangement pursuant to section 5333(b) of title 49, United States Code, with respect to employees of the National Railroad Passenger Corporation providing services to such authority pursuant to a contract between the authority and the National Railroad Passenger Corporation. | Systemic Passenger Infrastructure and Network Overhaul through Financial Freedom Act - Transfers title to all property of the National Railroad Passenger Corporation (Amtrak) consisting of the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and the Autotrain to the Secretary of Transportation in consideration of the cancellation of a certain note and mortgage between Amtrak and the U.S. Government for the acquisition and improvement of such property and certain other rail properties.Directs the Secretary to provide for the competitive selection of an entity or entities to maintain and dispatch service operations on the main line of the Northeast Corridor between the District of Columbia and Boston, Massachusetts, and for the Autotrain, until the Secretary makes a determination for the disposition of such operations, including: (1) transfer of such operations to an interstate compact consisting of the States of the Northeast Corridor; (2) transfer of such operations to a new quasi-governmental corporation or to a private sector corporation; or (3) retention of ownership by the Secretary, with competitive franchising, by one or more entities, of the management and dispatching of service.Requires the Secretary to retain, and Amtrak to transfer to the Secretary, all amounts appropriated by the U.S. Government for FY 2002 for Amtrak that have not been provided to it, as well as those funds that have been. |
SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Health Savings Accounts Improvements Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Saver's credit for contributions to health savings accounts. Sec. 3. Special rule for certain medical expenses incurred before establishment of account. Sec. 4. Allow both spouses to make catch-up contributions to the same health savings account. Sec. 5. Individuals eligible for veterans benefits for a service- connected disability. Sec. 6. Distributions by certain early retirees for health coverage treated as qualified medical expense. SEC. 2. SAVER'S CREDIT FOR CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subsection (a) of section 25B of the Internal Revenue Code of 1986 is amended by inserting ``aggregate qualified HSA contributions and'' after ``so much of the''. (b) Qualified HSA Contributions.--Subsection (d) of section 25B of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Qualified hsa contributions.--The term `qualified HSA contribution' means, with respect to any taxable year, any contribution to a health savings account (as defined in section 223(d)(1)) if-- ``(A) such contribution is allowable as a deduction to the taxpayer under section 223(a) for such taxable year, or ``(B) such contribution is made by an employer of the taxpayer at the election of the taxpayer under a cafeteria plan (as defined in section 125(d)) and is not includible in the gross income of the taxpayer by reason of section 125.''. (c) Reporting of HSA Elective Contributions.--Paragraph (12) of section 6051(a) of such Code is amended to read as follows: ``(12) the total amount contributed to health savings accounts (as defined in section 223(d)) of the employee or the employee's spouse and the portion of such total amount contributed at the election of the employee under any cafeteria plan (as defined in section 125(d)),''. (d) Conforming Amendments.--Section 25B(d)(3) of such Code, as redesignated by subsection (b), is amended-- (1) by striking the first sentence of subparagraph (A) and inserting the following: ``The aggregate qualified retirement savings contributions determined under paragraph (1) and qualified HSA contributions determined under paragraph (2) shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) or paragraph (2) (as the case may be) may be made.'', and (2) by inserting ``223(f)(1) or (3),'' after ``section 72(p),'' in subparagraph (C)(i). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 3. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT. (a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Treatment of certain medical expenses incurred before establishment of account.--If a health savings account is established during the 60-day period beginning on the date that coverage of the account beneficiary under a high deductible health plan begins, then, solely for purposes of determining whether an amount paid is used for a qualified medical expense, such account shall be treated as having been established on the date that such coverage begins.''. (b) Effective Date.--The amendment made by this section shall apply with respect to coverage beginning after the date of the enactment of this Act. SEC. 4. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME HEALTH SAVINGS ACCOUNT. (a) In General.--Paragraph (5) of section 223(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Special rule for married individuals with family coverage.-- ``(A) In general.--In the case of individuals who are married to each other, if both spouses are eligible individuals and either spouse has family coverage under a high deductible health plan as of the first day of any month-- ``(i) the limitation under paragraph (1) shall be applied by not taking into account any other high deductible health plan coverage of either spouse (and if such spouses both have family coverage under separate high deductible health plans, only one such coverage shall be taken into account), ``(ii) such limitation (after application of clause (i)) shall be reduced by the aggregate amount paid to Archer MSAs of such spouses for the taxable year, and ``(iii) such limitation (after application of clauses (i) and (ii)) shall be divided equally between such spouses unless they agree on a different division. ``(B) Treatment of additional contribution amounts.--If both spouses referred to in subparagraph (A) have attained age 55 before the close of the taxable year, the limitation referred to in subparagraph (A)(iii) which is subject to division between the spouses shall include the additional contribution amounts determined under paragraph (3) for both spouses. In any other case, any additional contribution amount determined under paragraph (3) shall not be taken into account under subparagraph (A)(iii) and shall not be subject to division between the spouses.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 5. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE- CONNECTED DISABILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Special rule for individuals eligible for certain veterans benefits.--An individual shall not fail to be treated as an eligible individual for any period merely because the individual receives hospital care or medical services under any law administered by the Secretary of Veterans Affairs for a service- connected disability (within the meaning of section 101(16) of title 38, United States Code).''. (b) Effective Date.--The amendment made by this section shall apply to months beginning after December 31, 2012. SEC. 6. DISTRIBUTIONS BY CERTAIN EARLY RETIREES FOR HEALTH COVERAGE TREATED AS QUALIFIED MEDICAL EXPENSE. (a) In General.--Subparagraph (C) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) in the case of an account beneficiary who has attained age 55 but not the age specified in section 1811 of the Social Security Act, any group health plan (as defined in section 5000(b)(1)) in which such account beneficiary is enrolled by reason of being a former employee or a surviving spouse of a former employee.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid for coverage for periods after December 31, 2012. | Health Savings Accounts Improvements Act of 2012 - Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow a tax credit for retirement savings contributions for deductible contributions made to an HSA and salary reduction contributions under a cafeteria plan made by an employer to an HSA; (2) provide a special rule to allow a tax deduction for medical expenses incurred before the establishment of an HSA; (3) allow a husband and wife to make catch-up contributions to the same HSA; (4) allow veterans who receive medical benefits for a service-connected disability to participate in an HSA; and (5) allow HSA participants who are enrolled in a group health plan as a former employee or spouse of a former employee and who have attained age 55, but not age 65, to pay expenses for coverage under such plan from an HSA. |
SECTION 1. SHORT TITLE; AMENDMENTS TO APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965. (a) Short Title.--This Act may be cited as the ``Appalachian Regional Development Reauthorization Act of 2001''. (b) Amendments to Appalachian Regional Development Act of 1965.-- Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.). SEC. 2. COORDINATION OF APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS. Section 104 (40 U.S.C. App.) is amended-- (1) by striking the section heading and all that follows through ``The President'' and inserting the following: ``SEC. 104. COORDINATION OF APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS. ``(a) Liaison Between Federal Government and Commission.--The President''; and (2) by adding at the end the following: ``(b) Interagency Coordinating Council.-- ``(1) In general.--In carrying out subsection (a), the President shall establish an interagency council to be known as the `Interagency Coordinating Council on Appalachia'. ``(2) Membership.--The Council shall be composed of-- ``(A) the Federal Cochairman, who shall serve as Chairperson of the Council; and ``(B) representatives of Federal agencies that carry out economic development programs in the Appalachian region.''. SEC. 3. TELECOMMUNICATIONS AND TECHNOLOGY. The Act (40 U.S.C. App.) is amended by inserting after section 202 the following: ``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY. ``(a) In General.--In order to ensure that the people and businesses of the Appalachian region have the knowledge, skills, and access to telecommunications services to compete in the technology- based economy, the Commission may provide technical assistance and make grants, enter into contracts, and otherwise provide funds for the following purposes: ``(1) To increase affordable access to advanced telecommunications in the region. ``(2) To provide education and training for people, businesses, and governments in the region in the use of telecommunications technology. ``(3) To develop relevant technology readiness programs for industry groups and businesses in the region. ``(4) To support entrepreneurial opportunities in information technology in the region. ``(b) Sources of Funding.--Assistance provided under this section may be provided entirely from appropriations made available to carry out this section or in combination with funds available under a Federal grant-in-aid program (as defined in section 214(c)), under another Federal program, or from any other source. ``(c) Federal Share Limitations Specified in Other Laws.-- Notwithstanding any provision of law limiting the Federal share in a Federal grant-in-aid program or other Federal program, funds appropriated to carry out this section may be used to increase such Federal share, as the Commission determines appropriate. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Commission to carry out this section $10,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal years 2003 through 2006. Such sums shall remain available until expended.''. SEC. 4. PROGRAM DEVELOPMENT CRITERIA. (a) Elimination of Growth Center Criteria.--Section 224(a)(1) (40 U.S.C. App.) is amended by striking ``in an area determined by the State have a significant potential for growth or''. (b) Distressed Counties and Areas.--Section 224 (40 U.S.C. App.) is amended by adding at the end the following: ``(d) Assistance to Distressed Counties and Areas.--For each fiscal year, at least one-half of the amount of grant expenditures approved by the Commission under this Act shall support activities or projects that benefit severely and persistently distressed counties or areas.''. SEC. 5. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT DISTRICTS. Section 302(a)(1)(A) (40 U.S.C. App.) is amended by inserting ``(or 75 percent for a development district that includes 1 or more counties for which a distressed county designation is in effect under section 226)'' after ``50 percent''. SEC. 6. ADDITION OF COUNTIES TO APPALACHIAN REGION. Section 403 is amended-- (1) in the third undesignated paragraph, relating to Kentucky-- (A) by inserting ``Edmonson,'' after ``Cumberland,''; (B) by inserting ``Hart,'' after ``Harlan,''; and (C) by inserting ``Metcalfe,'' after ``Menifee,''; and (2) in the fifth undesignated paragraph, relating to Mississippi-- (A) by inserting ``Grenada,'' after ``Clay,''; (B) by inserting ``Montgomery,'' after ``Monroe,''; and (C) by inserting ``Panola,'' after ``Oktibbeha Pontotoc,''. SEC. 7. TECHNICAL AMENDMENTS. (a) Strategies.--The Act (40 U.S.C. App.) is amended-- (1) in the third sentence of section 101(b) by striking ``implementing investment program'' and inserting ``strategy statement''; (2) in section 225-- (A) in subsection (a) by striking ``(3) describe the development program'' and inserting ``(3) describe the development strategies''; and (B) in subsection (c) by striking ``Appalachian State development programs'' and inserting ``Appalachian State development strategies''; and (3) in section 303-- (A) in the section heading by striking ``investment programs'' and inserting ``strategy statements''; (B) by striking ``implementing investment program'' each place it appears and inserting ``strategy statement''; and (C) by striking ``implementing investments programs'' and inserting ``strategy statements''. (b) Support of Local Development Districts.--Section 102(a)(5) (40 U.S.C. App.) is amended by inserting ``and support'' after ``formation''. (c) Office Space Leasing.--Section 106(7) (40 U.S.C. App.) is amended by striking ``for any term expiring no later than September 30, 2001''. (d) Supplements to Federal Grant-In-Aid Programs.--Section 214 (40 U.S.C. App.) is amended-- (1) in subsection (a) by striking the third sentence; (2) by striking subsection (c) and inserting the following: ``(c) Federal Grant-In-Aid Programs Defined.-- ``(1) Included programs.--In this section, the term `Federal grant-in-aid programs' means those Federal grant-in- aid programs authorized by this Act or another Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including but not limited to grant-in-aid programs authorized by the following Acts: ``(A) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). ``(B) The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.). ``(C) Title VI of the Public Health Services Act (42 U.S.C. 291 et seq.). ``(D) The Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.). ``(E) Part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.). ``(F) The Land and Water Conservation Fund Act of 1965 (16 U.S.C 460l-4 et seq.). ``(G) The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.). ``(H) Sections 201 and 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 and 3149). ``(I) Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). ``(2) Excluded programs.--In this section, the term `Federal grant-in-aid programs' does not include-- ``(A) the program for the construction of the development highway system authorized by section 201 or any program relating to highway or road construction authorized by title 23, United States Code; or ``(B) any other program for which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act.''; and (3) by striking subsection (d). (e) Program Development Criteria.--Section 224(a)(2) (40 U.S.C. App.) is amended by striking ``per capita income'' and inserting ``per capita market income''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 401(a) (40 U.S.C. App.) is amended to read as follows: ``(a) In General.--In addition to amounts authorized by section 201 (and other amounts made available for the Appalachian development highway system program) and section 203, there are authorized to be appropriated to the Commission to carry out this Act-- ``(1) $78,000,000 for fiscal year 2002; ``(2) $80,000,000 for fiscal year 2003; ``(3) $83,000,000 for fiscal year 2004; ``(4) $85,000,000 for fiscal year 2005; and ``(5) $87,000,000 for fiscal year 2006.''. SEC. 9. TERMINATION. Section 405 (40 U.S.C. App.) is amended by striking ``2001'' and inserting ``2006''. Passed the House of Representatives August 2, 2001. Attest: JEFF TRANDAHL, Clerk. | Appalachian Regional Development Reauthorization Act of 2001 - Amends the Appalachian Regional Development Act of 1965 (the Act) to direct the President to establish the Interagency Coordinating Council on Appalachia.Authorizes the Appalachian Regional Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to: (1) increase affordable access to advanced telecommunications in the region; (2) provide education and training for people, businesses, and governments in the region in the use of telecommunications technology; (3) develop relevant technology readiness programs for industry groups and businesses in the region; and (4) support entrepreneurial opportunities in information technology in the region.Eliminates the growth center criteria as a factor in considering programs and projects to be given assistance under the Act. Directs that, for each fiscal year, at least half of the grant expenditures approved by the Commission support activities or projects that benefit counties for which distressed county designations are in effect.Modifies Act provisions to direct that not more than 75 percent of the costs of any activity eligible for financial assistance for a development district that includes one or more counties for which a distressed county designation is in effect be provided from funds appropriated to carry out the Act.Adds Edmonson, Hart, and Metcalfe ( Kentucky), and Grenada, Montgomery, and Panola (Mississippi) to the counties included in the Appalachian region.Reauthorizes appropriations and extends the Act until October 1, 2006. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Authority for the Use of Military Force Against the Islamic State of Iraq and the Levant Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The terrorist organization that has referred to itself as the Islamic State of Iraq and the Levant and various other names (in this resolution referred to as ``ISIL'') poses a grave threat to the people and territorial integrity of Iraq and Syria, regional stability, and the national security interests of the United States and its allies and partners. (2) ISIL holds significant territory in Iraq and Syria and has stated its intention to seize more territory and demonstrated the capability to do so. (3) ISIL leaders have stated that they intend to conduct terrorist attacks internationally, including against the United States, its citizens, and interests. (4) ISIL has committed despicable acts of violence and mass executions against Muslims, regardless of sect, who do not subscribe to ISIL's depraved, violent, and oppressive ideology. (5) ISIL has threatened genocide and committed vicious acts of violence against religious and ethnic minority groups, including Iraqi Christian, Yezidi, and Turkmen populations. (6) ISIL has targeted innocent women and girls with horrific acts of violence, including abduction, enslavement, torture, rape, and forced marriage. (7) ISIL is responsible for the deaths of innocent United States citizens, including James Foley, Steven Sotloff, Abdul- Rahman Peter Kassig, and Kayla Mueller. (8) The United States is working with regional and global allies and partners to degrade and defeat ISIL, to cut off its funding, to stop the flow of foreign fighters to its ranks, and to support local communities as they reject ISIL. (9) The announcement of the anti-ISIL Coalition on September 5, 2014, during the NATO Summit in Wales, stated that ISIL poses a serious threat and should be countered by a broad international coalition. (10) The United States calls on its allies and partners, particularly in the Middle East and North Africa, to join the anti-ISIL Coalition and defeat this terrorist threat. (11) President Barack Obama, United States military leaders, and United States allies in the region have made clear that it is more effective to use the unique capabilities of the United States Government to support regional partners instead of large-scale deployments of United States ground forces in this mission. SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) Authorization.--The President is authorized to use the Armed Forces of the United States as the President determines necessary and appropriate against ISIL or associated persons or forces as defined in section 6. (b) War Powers Resolution Requirements.-- (1) Specific statutory authorization.--Consistent with section 8(a)(1) of the War Powers Resolution (50 U.S.C. 1547(a)(1)), Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)). (2) Applicability of other requirements.--Nothing in this Act supersedes any requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.). (c) Purpose.--The purpose of this authorization is to protect the lives of United States citizens and to provide military support to regional partners in their battle to defeat ISIL. The use of significant United States ground troops in combat against ISIL, except to protect the lives of United States citizens from imminent threat, is not consistent with such purpose. SEC. 4. DURATION OF AUTHORIZATION. The authorization for the use of military force under this Act shall terminate three years after the date of the enactment of this Act, unless reauthorized. SEC. 5. REPORTS. The President shall report to Congress at least once every six months on specific actions taken pursuant to this authorization. SEC. 6. ASSOCIATED PERSONS OR FORCES DEFINED. In this Act, the term ``associated persons or forces''-- (1) means individuals and organizations fighting for, on behalf of, or alongside ISIL or any closely related successor entity in hostilities against the United States or its coalition partners; and (2) refers to any individual or organization that presents a direct threat to members of the United States Armed Forces, coalition partner forces, or forces trained by the coalition, in their fight against ISIL. SEC. 7. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed. SEC. 8. SOLE STATUTORY AUTHORITY FOR MILITARY ACTION AGAINST ISIL. This authorization shall constitute the sole statutory authority for United States military action against the Islamic State of Iraq and the Levant and associated persons or forces, and supersedes any prior authorization for the use of military force involving action against ISIL. | Authority for the Use of Military Force Against the Islamic State of Iraq and the Levant Act This bill authorizes the President to use the U.S. Armed Forces for three years against the Islamic State of Iraq and the Levant (ISIL), any closely related successor entity, or associated persons or forces. This bill shall also constitute the sole statutory authority for U.S. military action against ISIL, superseding any prior authorization for the use of military force against ISIL. The Authorization for Use of Military Force Against Iraq Resolution of 2002 is repealed. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Choice and Capital Markets Protection Act of 2017''. SEC. 2. TREATMENT OF MONEY MARKET FUNDS UNDER THE INVESTMENT COMPANY ACT OF 1940. The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended by adding at the end the following: ``SEC. 66. MONEY MARKET FUNDS. ``(a) Definitions.--In this section-- ``(1) the term `covered Federal assistance' means Federal assistance used for the purpose of-- ``(A) making any loan to, or purchasing any stock, equity interest, or debt obligation of, any money market fund; ``(B) guaranteeing any loan or debt issuance of any money market fund; or ``(C) entering into any assistance arrangement (including tax breaks), loss sharing, or profit sharing with any money market fund; and ``(2) the term `Federal assistance' means-- ``(A) insurance or guarantees by the Federal Deposit Insurance Corporation; ``(B) transactions involving the Secretary of the Treasury; or ``(C) the use of any advances from any Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility established in unusual or exigent circumstances. ``(b) Election To Be a Stable Value Money Market Fund.-- ``(1) In general.--Notwithstanding any other provision of this title, any open-end investment company (or a separate series thereof) that is a money market fund that relies on section 270.2a-7 of title 17, Code of Federal Regulations, may, in the prospectus included in its registration statement filed under section 8 state that the company or series has elected to compute the current price per share, for purposes of distribution or redemption and repurchase, of any redeemable security issued by the company or series by using the amortized cost method of valuation, or the penny-rounding method of pricing, regardless of whether its shareholders are limited to natural persons, if-- ``(A) the company or series has as its objective the generation of income and preservation of capital through investment in short-term, high-quality debt securities; and ``(B) the board of directors of the company or series elects, on behalf of the company or series, to maintain a stable net asset value per share or stable price per share, by using the amortized cost valuation method, as defined in section 270.2a-7(a) of title 17, Code of Federal Regulations (or successor regulation), or the penny-rounding pricing method, as defined in section 270.2a-7(a) of title 17, Code of Federal Regulations (or successor regulation), and the board of directors of the company has determined, in good faith, that-- ``(i) it is in the best interests of the company or series, and its shareholders, to do so; and ``(ii) the money market fund will continue to use such method or methods only as long as the board of directors believes that the resulting share price fairly reflects the market-based net asset value per share of the company or series; and ``(C) the company or series will comply with such quality, maturity, diversification, liquidity, and other requirements, including related procedural and recordkeeping requirements, as the Commission, by rule or regulation or order, may prescribe or has prescribed as necessary or appropriate in the public interest or for the protection of investors to the extent that such requirements and provisions are not inconsistent with this section. ``(2) Exemption from default liquidity fee requirements.-- Notwithstanding section 270.2a-7 of title 17, Code of Federal Regulations (or successor regulation), no company or series that makes the election under paragraph (1) shall be subject to the default liquidity fee requirements of section 270.2a- 7(c)(2)(ii) of title 17, Code of Federal Regulations (or successor regulation). ``(c) Prohibition Against Federal Government Bailouts of Money Market Funds.--Notwithstanding any other provision of law (including regulations), covered Federal assistance may not be provided directly to any money market fund. ``(d) Disclosure of the Prohibition Against Federal Government Bailouts of Money Market Funds.-- ``(1) In general.--No principal underwriter of a redeemable security issued by a money market fund nor any dealer shall offer or sell any such security to any person unless the prospectus of the money market fund and any advertising or sales literature for such fund prominently discloses the prohibition against direct covered Federal assistance as described in subsection (c). ``(2) Rules, regulations, and orders.--The Commission may, after consultation with and taking into account the views of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Department of the Treasury, adopt rules and regulations and issue orders consistent with the protection of investors, prescribing the manner in which the disclosure under this subsection shall be provided. ``(e) Continuing Obligation To Meet Requirements of This Title.--A company or series that makes an election under subsection (b)(1) shall remain subject to the provisions of this title and the rules and regulations of the Commission thereunder that would otherwise apply if those provisions do not conflict with the provisions of this section.''. | Consumer Financial Choice and Capital Markets Protection Act of 2017 This bill amends the Investment Company Act of 1940 to allow a money market fund, under specified conditions, to elect to operate using a different method of valuation than is otherwise required. A money market fund that elects to do so shall not be subject to specified requirements related to the imposition of liquidity fees. Certain federal assistance may not be provided directly to any money market fund. This limitation on federal assistance must be disclosed in a money market's advertising and sales literature. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Access to Health Care Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to provide assistance to communities and to consortia of health care providers and others, including those in rural areas and including American Indian and Alaska Native entities, in order to develop or strengthen integrated health care delivery systems that coordinate health services for individuals who are uninsured and individuals who are underinsured, through-- (1) coordination of services to allow such individuals to receive efficient and higher quality care and to gain entry into a comprehensive system of care; (2) development of the infrastructure for a health care delivery system characterized by effective collaboration, information sharing, and clinical and financial coordination among all providers of care in the community; and (3) provision of new Federal resources that do not supplant funding for existing Federal categorical programs that support entities providing services to low-income populations. SEC. 3. CREATION OF COMMUNITY ACCESS PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by inserting after subpart IV the following new subpart: ``Subpart V--Community Access Program ``SEC. 340. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND COORDINATION OF SERVICES FOR THE UNINSURED AND UNDERINSURED. ``(a) In General.--The Secretary may make grants for the purpose of assisting the development of integrated health care delivery systems-- ``(1) to serve communities of individuals who are uninsured and individuals who are underinsured; ``(2) to expand the scope of services provided; and ``(3) to improve the efficiency and coordination among the providers of such services. ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity must-- ``(1) be a public or nonprofit private entity such as-- ``(A) a Federally qualified health center (as defined under section 1861(aa)(4) of the Social Security Act); ``(B) a hospital that meets the requirements of section 340B(a)(4)(L) (or, if none are available in the area, a hospital that is a provider of a substantial volume of non-emergency health services to uninsured individuals and families without regard to their ability to pay) without regard to 340B (a)(4)(L)(iii); or ``(C) a public health department; and ``(2) represent a consortium of providers and, as appropriate, related agencies or entities-- ``(A) whose principal purpose is to provide a broad range of coordinated health care services for a community defined in the entity's grant application (which may be a special population group such as migrant and seasonal farm workers, homeless persons or individuals with disabilities); ``(B) that includes all health care providers that serve the community and that have traditionally provided care (beyond emergency services) to uninsured and underinsured individuals without regard to the individuals' ability to pay (if there are any such providers) unless any such provider or providers declines to participate; and ``(C) that may include other health care providers and related agencies and organizations; except that preference shall be given to applicants that are health care providers identified in paragraph (1). ``(c) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application, in such form and manner as the Secretary shall prescribe, that shall-- ``(1) define a community of uninsured and underinsured individuals that consists of all such individuals-- ``(A) in a specified geographical area; or ``(B) in a specified population within such an area; ``(2) identify the providers who will participate in the consortium's program under the grant, and specify each one's contribution to the care of uninsured and underinsured individuals in the community, including the volume of care it provides to medicare and medicaid beneficiaries and to privately paid patients; ``(3) describe the activities that the applicant and the consortium propose to perform under the grant to further the purposes of this section; ``(4) demonstrate the consortium's ability to build on the current system for serving uninsured and underinsured individuals by involving providers who have traditionally provided a significant volume of care for that community; ``(5) demonstrate the consortium's ability to develop coordinated systems of care that either directly provide or ensure the prompt provision of a broad range of high-quality, accessible services, including, as appropriate, primary, secondary, and tertiary services, as well as substance abuse treatment and mental health services in a manner which assures continuity of care in the community; ``(6) provide evidence of community involvement in the development, implementation, and direction of the program that it proposes to operate; ``(7) demonstrate the consortium's ability to ensure that individuals participating in the program are enrolled in public insurance programs for which they are eligible; ``(8) present a plan for leveraging other sources of revenue, which may include State and local sources and private grant funds, and integrating current and proposed new funding sources in a way to assure long-term sustainability; ``(9) describe a plan for evaluation of the activities carried out under the grant, including measurement of progress toward the goals and objectives of the program; ``(10) demonstrate fiscal responsibility through the use of appropriate accounting procedures and appropriate management systems; ``(11) include such other information as the Secretary may prescribe; and ``(12) demonstrate the commitment to serve the community without regard to the ability of the individual or family to pay by arranging for or providing free or reduced charge care for the poor. ``(d) Priorities.--In awarding grants under this section, the Secretary may accord priority to applicants-- ``(1) whose consortium includes public hospitals, Federally qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act), and other providers that are covered entities as defined by section 340B(a)(4) of this Act (or that would be covered entities as so defined but for subparagraph (L)(iii) of such section); ``(2) that identify a community whose geographical area has a high or increasing percentage of individuals who are uninsured; ``(3) whose consortium includes other health care providers that have a tradition of serving uninsured individuals and underinsured individuals in the community; ``(4) who show evidence that the program would expand utilization of preventive and primary care services for uninsured and underinsured individuals and families in the community, including mental health services or substance abuse services; ``(5) whose proposed program would improve coordination between health care providers and appropriate social service providers, including local and regional human services agencies, school systems, and agencies on aging; ``(6) that demonstrate collaboration with State and local governments; ``(7) that make use of non-Federal contributions to the greatest extent possible; or ``(8) that demonstrate a likelihood that the proposed program will continue after support under this section ceases. ``(e) Use of Funds.-- ``(1) Use by grantees.-- ``(A) In general.--Except as provided in paragraphs (2) and (3), a grantee may use amounts provided under this section only for-- ``(i) direct expenses associated with planning, developing, and operating the greater integration of a health care delivery system so that it either directly provides or ensures the provision of a broad range of services, as appropriate, including primary, secondary, and tertiary services, as well as substance abuse treatment and mental health services; and ``(ii) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. ``(B) Specific uses.--The following are examples of purposes for which a grantee may use grant funds, when such use meets the conditions stated in subparagraph (A): ``(i) Increase in outreach activities. ``(ii) Improvements to case management. ``(iii) Improvements to coordination of transportation to health care facilities. ``(iv) Development of provider networks. ``(v) Recruitment, training, and compensation of necessary personnel. ``(vi) Acquisition of technology. ``(vii) Identifying and closing gaps in services being provided. ``(viii) Improvements to provider communication, including implementation of shared information systems or shared clinical systems. ``(ix) Other activities that may be appropriate to a community that would increase access to the uninsured. ``(2) Direct patient care limitation.--No more than 15 percent of the funds provided under a grant may be used for providing direct patient care and services. ``(3) Reservation of funds for national program purposes.-- The Secretary may use not more than 3 percent of funds appropriated to carry out this section for technical assistance to grantees, obtaining assistance of experts and consultants, meetings, dissemination of information, evaluation, and activities that will extend the benefits of funded programs to communities other than the one funded. ``(f) Maintenance of Effort.--With respect to activities for which a grant under this section is authorized, the Secretary may award such a grant only if the recipient of the grant and each of the participating providers agree that each one will maintain its expenditures of non-Federal funds for such activities at a level that is not less than the level of such expenditures during the year immediately preceding the fiscal year for which the applicant is applying to receive such grant. ``(g) Reports to the Secretary.--The recipient of a grant under this section shall report to the Secretary annually regarding-- ``(1) progress in meeting the goals stated in its grant application; and ``(2) such additional information as the Secretary may require. The Secretary may not renew an annual grant under this section unless the Secretary is satisfied that the consortium has made reasonable and demonstrable progress in meeting the goals set forth in its grant application for the preceding year. ``(h) Audits.--Each entity which receives a grant under this section shall provide for an independent annual financial audit of all records that relate to the disposition of funds received through this grant. ``(i) Technical Assistance.--The Secretary may, either directly or by grant or contract, provide any funded entity with technical and other non-financial assistance necessary to meet the requirements of this section. ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $250,000,000 in fiscal year 2002 and such sums as may be necessary for each of fiscal years 2003 through 2006.''. | Community Access to Health Care Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for the purpose of assisting the development of integrated health care delivery systems to: (1) serve communities of individuals who are uninsured and individuals who are underinsured; (2) expand the scope of services provided; and (3) improve the efficiency and coordination among the providers of such services. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation and Quality Incentives Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in many parts of the United States, water supplies are insufficient to meet current or expected future demand during certain times of the year; (2) a number of factors (including growing populations, increased demands for food and fiber production, and new environmental demands for water) are placing increased demands on existing water supply sources; (3) increased water conservation, water quality enhancement, and more efficient use of water supplies could help meet increased demands on water sources; (4) in States that recognize rights to conserved water for persons who conserve it, irrigation suppliers, farmers, ranchers, and other users could gain rights to use conserved water while also increasing the quantity of water available for other beneficial uses by implementing measures to reduce water loss during transport to, or application on, the fields; (5) reducing the quantity of water lost during transport to the fields and improving water quality can help areas better meet changing population and economic needs; and (6) the role of the Federal Government in helping meet those changing water needs should be to provide financial assistance to help irrigators, farmers, and ranchers implement practical, cost-effective water quality and conservation measures. SEC. 3. USE OF STATE REVOLVING LOAN FUNDS FOR WATER CONSERVATION IMPROVEMENTS. Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (1) in the first sentence of subsection (c)-- (A) by striking ``and (3)'' and inserting ``(3)''; and (B) by inserting before the period at the end the following: ``, (4) for construction of water conservation improvements by eligible recipients under subsection (i)''; and (2) by adding at the end the following: ``(i) Water Conservation Improvements.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means a municipality, quasi-municipality, municipal corporation, special district, conservancy district, irrigation district, water users' association, tribal authority, intermunicipal, interstate, or State agency, nonprofit private organization, a member of such an association, authority, agency, or organization, or a lending institution, located in a State that has enacted laws that-- ``(A) provide a water user who invests in a water conservation improvement with a right to use water conserved by the improvement, as allowed by State law; ``(B) provide authority to reserve minimum flows of streams in the State; and ``(C) prohibit transactions that adversely affect existing water rights. ``(2) Financial assistance.--A State may provide financial assistance from its water pollution control revolving fund to an eligible recipient to construct a water conservation improvement, including-- ``(A) piping or lining of an irrigation canal; ``(B) wastewater and tailwater recovery or recycling; ``(C) irrigation scheduling; ``(D) water use measurement or metering; ``(E) on-field irrigation efficiency improvements; and ``(F) any other improvement that the State determines will provide water conservation benefits. ``(3) Voluntary participation.--The participation of an eligible recipient in the water conservation improvement shall be voluntary. ``(4) Use of conserved water.--The quantity of water conserved through the water conservation improvement shall be allocated in accordance with applicable State law, including any applicable State law requiring a portion of the conserved water to be used for instream flow enhancement or other conservation purposes. ``(5) Limitation on use for irrigated agriculture.-- Conserved water made available under paragraph (4) shall not be used to irrigate land that has not previously been irrigated unless the use is authorized by State law and will not diminish water quality.''. SEC. 4. USE OF STATE REVOLVING LOAN FUNDS FOR WATER QUALITY IMPROVEMENTS. Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as amended by section 3) is amended-- (1) in the first sentence of subsection (c), by inserting before the period at the end the following: ``, and (5) for construction of water quality improvements or practices by eligible recipients under subsection (j)''; and (2) by adding at the end the following: ``(j) Water Quality Improvements.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means a municipality, quasi-municipality, municipal corporation, special district, conservancy district, irrigation district, water users' association or member of such an association, tribal authority, intermunicipal, interstate, or State agency, nonprofit private organization, or lending institution. ``(2) Financial assistance.--A State may provide financial assistance from its water pollution control revolving fund to an eligible recipient to construct or establish water quality improvements or practices that the State determines will provide water quality benefits. ``(3) Voluntary participation.--The participation of an eligible recipient in the water quality improvements or practices shall be voluntary.''. SEC. 5. CONFORMING AMENDMENTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the period at the end the following: ``, and (4) for construction of water conservation and quality improvements by eligible recipients under subsections (i) and (j) of section 603''. | Water Conservation and Quality Incentives Act - Amends the Federal Water Pollution Control Act to authorize the use of State water pollution control revolving funds for assistance to eligible recipients for construction of water conservation improvements and of water quality improvements or practices. Defines "eligible recipients," for purposes of assistance for water conservation improvements, as specified parties located in a State that has enacted laws that: (1) provide a water user who invests in such an improvement with a right to use water conserved by the improvement; (2) provide authority to reserve minimum flows of streams; and (3) prohibit transactions that adversely affect existing water rights. Bars the use of water conserved through such improvements for the irrigation of land that has not been previously irrigated. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Asia-Pacific Defense Commission Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has worked cooperatively with its allies and partners in the Asia-Pacific region for decades on issues of mutual concern having regional and global strategic and economic importance, including-- (A) deterring and confronting external aggression against allies and partners; (B) ensuring the free flow of energy and commerce, and freedom of navigation in international waters; (C) dismantling terrorist networks that threaten the safety of the region; (D) preventing the development, use, and proliferation of weapons of mass destruction; (E) adapting to climate change and severe weather events, including cooperation on humanitarian assistance and disaster response; and (F) promoting respect for the international liberal order based on commonly respected norms and values. (2) The close security relationships between the United States and its five treaty allies in the Asia-Pacific region-- Australia, Japan, the Philippines, South Korea and Thailand--as well as the security relationships between the United States and its non-alliance security partners in the region remain vital to the United States national interest and a cornerstone of regional stability. (3) The United States opposes North Korea's illegal and reckless pursuit of nuclear weapons. (4) Countering North Korea's destabilizing activities in the region by diplomatic, economic, and defensive means is a top national security issue for the United States as the threat posed by North Korea endangers United States allies, threatens to destabilize the Asia-Pacific region, and if unchecked, poses a grave nuclear proliferation challenge to the world. SEC. 3. ESTABLISHMENT OF ASIA-PACIFIC DEFENSE COMMISSION. (a) Statement of Policy.-- (1) In general.--It is the policy of the United States to continue to maintain a strong military posture in the Asia- Pacific region in order to reassure United States allies, deter aggression, and respond swiftly to crises. (2) Enhanced military training and exercises.--The Secretary of Defense, in consultation with the Secretary of State, shall seek opportunities to enhance military training and exercises with United States allies in the Asia-Pacific region to deepen cooperation between the militaries of the United States and such allies, to expand operational capabilities, and to encourage respect for human rights and the rule of law. (b) Joint Defense Commission.--The President may establish a regional joint defense commission to be known as the Asia-Pacific Defense Commission. The purpose of the commission shall be to strengthen cooperation between the United States and its allies in the Asia-Pacific region to combat joint threats. The commission may undertake the following activities: (1) Strengthening counterterrorism operations and building capacity to track, investigate, and prosecute individuals engaged in terrorist activities. (2) Improving regional maritime security and capabilities to interdict illegal arms shipments. (3) Bolstering regional cybersecurity initiatives and protecting critical infrastructure. (4) Strengthening military preparedness. (5) Facilitating defense-related transfers, subject to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.). (6) Facilitating efforts to enhance training, preparedness, and operations by allies to address North Korean maritime weapons transfers. (7) Coordinating intelligence collected by the intelligence services of the countries participating in the commission, identify the most immediate threats to inform the security services of such countries, and create guidelines for the coordination of multilateral direct action against shared threats. (c) Asia-Pacific Region.--In this section, the term ``Asia-Pacific region'' means the region corresponding to the area of responsibility of the United States Pacific Command, as defined by the Department of Defense unified command plan. (d) Sense of Congress.--It is the sense of Congress that the United States Navy should regularize freedom of navigation operations, in accordance with international law, in the Japanese-administered Senkaku Islands, in the South China Sea, and in regular ports of call at strategic ports in the Asia-Pacific region. | Asia-Pacific Defense Commission Act This bill declares that it is U.S policy to continue to maintain a strong military posture in the Asia-Pacific region in order to reassure U.S. allies, deter aggression, and respond swiftly to crises. The Department of Defense (DOD) shall shall seek opportunities to enhance military training and exercises with U.S. allies in such region. The bill authorizes the President to establish the Asia-Pacific Defense Commission to strengthen cooperation between the United States and its allies in such region to combat joint threats. The commission may undertake activities to: strengthen counterterrorism operations and building capacity to track, investigate, and prosecute individuals engaged in terrorist activities; improve regional maritime security and capabilities to interdict illegal arms shipments; bolster regional cybersecurity initiatives and protect critical infrastructure; strengthen military preparedness; facilitate defense-related transfers, subject to the requirements of the Arms Export Control Act; facilitate efforts to enhance training, preparedness, and operations by allies to address North Korean maritime weapons transfers; and coordinate intelligence collected by the intelligence services of the countries participating in the commission, identify the most immediate threats to inform the security services of such countries, and create guidelines for the coordination of multilateral direct action against shared threats. Calls for the U.S. Navy to regularize freedom of navigation operations, in accordance with international law, in the Japanese-administered Senkaku Islands, in the South China Sea, and in regular ports of call at strategic ports in the Asia-Pacific region. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cluster-Based Economy Enhancement Act of 2009''. SEC. 2. GRANTS FOR CLUSTER-BASED ECONOMIC DEVELOPMENT. (a) In General.--Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following: ``SEC. 219. GRANTS FOR CLUSTER-BASED ECONOMIC DEVELOPMENT. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Cluster.--The term `cluster' means a geographic concentration of business entities that-- ``(A) are in competing, complementary, or interdependent firms and industries; ``(B) do business with one another; and ``(C) have common needs for talent, technology, and infrastructure. ``(2) Eligible applicant.--The term `eligible applicant' means-- ``(A) a State or local government; ``(B) an institution of higher education; or ``(C) a nonprofit economic development organization. ``(3) Region.--The term `region' means an area that on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a), and-- ``(A) is determined by the Secretary to qualify for a grant under this section; or ``(B) has been designated by the Consolidated Farm and Rural Development Act and the Food, Conservation, and Energy Act of 2008, as an area in which a regional development commission has been established, including: ``(i) The delta region.--The term `Delta Region' means the region defined in section 382A(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa(2)). ``(ii) The northern great plains region.-- The term `Northern Great Plains Region' means the region defined in section 383A(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb(4)). ``(iii) The southeast crescent region.--The term `Southeast Crescent Region' means the region defined in section 15731 of title 40, United States Code (as amended by the Food, Conservation, and Energy Act of 2008 (Public Law 110-234)). ``(iv) The southwest border region.--The term `Southwest Border Region' means the region defined in section 15732 of title 40, United States Code (as amended by the Food, Conservation, and Energy Act of 2008 (Public Law 110-234)). ``(v) The northern border region.--The term `Northern Border Region' means the region defined in section 15733 of title 40, United States Code (as amended by the Food, Conservation, and Energy Act of 2008 (Public Law 110-234)). ``(b) Grants.--On the application of an eligible applicant, the Secretary may make a grant-- ``(1) to assess the potential for the development of clusters and the enhancement of existing clusters; ``(2) to establish cluster development programs in a region; and ``(3) to promote cluster development programs in a region and support the staff who operate such programs. ``(c) Cost Sharing.-- ``(1) In general.--The Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. ``(2) In-kind contributions.--Not more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. ``(3) Inapplicability of certain section.--Section 204 shall not apply to this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.''. (b) Conforming Amendment.--The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note) is amended by inserting after the item relating to section 218 the following: ``Sec. 219. Grants for cluster-based economic development.''. | Cluster-Based Economy Enhancement Act of 2009 - Amends the Public Works and Economic Development Act of 1965 to authorize the Secretary of Commerce to make grants to a state or local government, an institution of higher education, or a nonprofit economic development organization to: (1) assess the potential for the development or enhancement of business clusters (geographic concentrations of business entities that are in competing, complementary, or interdependent firms and industries, that do business with one another, and that have common needs for talent, technology, and infrastructure); (2) establish cluster development programs in regions determined by the Secretary to qualify for a grant or which have been designated by the Consolidated Farm and Rural Development Act and the Food, Conservation, and Energy Act of 2008 as areas in which regional development commissions have been established; and (3) promote cluster development programs in such regions and support the staff who operate such programs. Limits: (1) the federal share of the cost of projects carried out using funds authorized by this Act to 50%; and (2) the portion of the non-federal share of project costs that may be provided through in-kind contributions to 50%. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Protection Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every United States home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity.''. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society.''. (C) ``Violence, physical, or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional.''. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity.''. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The National Association of Broadcasters abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the National Association of Broadcasters regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the National Association of Broadcasters abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of 1999. (16) Despite these efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits . . . Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. (20) The popularity of video and personal computer (PC) games is growing steadily among children. Although most popular video and personal computer games are educational or harmless in nature, many of the most popular are extremely violent. One recent study by Strategic Record Research found that 64 percent of teenagers played video or personal computer games on a regular basis. Other surveys of children as young as elementary school age found that almost half of them list violent computer games among their favorites. (21) Violent video games often present violence in a glamorized light. Game players are often cast in the role of shooter, with points scored for each ``kill''. Similarly, advertising for such games often touts violent content as a selling point--the more graphic and extreme, the better. (22) As the popularity and graphic nature of such video games grows, so do their potential to negatively influence impressionable children. (23) Music is another extremely pervasive and popular form of entertainment. American children and teenagers listen to music more than any other demographic group. The Journal of American Medicine reported that between the 7th and 12th grades the average teenager listens to 10,500 hours of rock or rap music, just slightly less than the entire number of hours spent in the classroom from kindergarten through high school. (24) Teens are among the heaviest purchasers of music, and are most likely to favor music genres that depict, and often appear to glamorize violence. (25) Music has a powerful ability to influence perceptions, attitudes, and emotional state. The use of music as therapy indicates its potential to increase emotional, psychological, and physical health. That influence can be used for ill as well. SEC. 3. PURPOSES; CONSTRUCTION. (a) Purposes.--The purposes of this Act are to permit the entertainment industry-- (1) to work collaboratively to respond to growing public concern about television programming, movies, video games, Internet content, and music lyrics, and the harmful influence of such programming, movies, games, content, and lyrics on children; (2) to develop a set of voluntary programming guidelines similar to those contained in the Television Code of the National Association of Broadcasters; and (3) to implement the guidelines in a manner that alleviates the negative impact of television programming, movies, video games, Internet content, and music lyrics on the development of children in the United States and stimulates the development and broadcast of educational and informational programming for such children. (b) Construction.--This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict television programming, movies, video games, Internet content, or music lyrics that is in addition to the authority to restrict such programming, movies, games, content, or lyrics under law as of the date of the enactment of this Act; or (2) approving any action of the Federal Government to restrict such programming, movies, games, content, or lyrics that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the entertainment industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that are not appropriate for children; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3) Movies.--The term ``movies'' means theatrical motion pictures. (4) Person in the entertainment industry.--The term ``person in the entertainment industry'' means a television network, any entity which produces or distributes television programming (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, each of the affiliate organizations of the television networks, the Interactive Digital Software Association, any entity which produces or distributes video games, the Recording Industry Association of America, and any entity which produces or distributes music, and includes any individual acting on behalf of such person. (5) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system. | Children's Protection Act of 1999 - Exempts from Federal antitrust laws any collaborative efforts by or among persons in the entertainment industry to develop and disseminate voluntary guidelines designed to: (1) alleviate the negative impact of television, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that are inappropriate for children; or (2) promote telecast material that is educational, informational, or otherwise beneficial to the development of children. States that such exemption shall not apply to any efforts which: (1) result in a boycott of any person; or (2) concern the purchase or sale of advertising. |
SECTION 1. CREDIT FOR NON-CLINICAL TESTING EXPENSES FOR NEGLECTED DISEASE TREATMENTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45R. NON-CLINICAL TESTING EXPENSES FOR NEGLECTED DISEASE TREATMENTS. ``(a) In General.--For purposes of section 38, the credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified non-clinical research expenses for the taxable year. ``(b) Qualified Non-clinical Research Expenses.-- ``(1) In general.--For purposes of this section, the term `qualified non-clinical research expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in paragraph (2). ``(2) Modifications.--For purposes of paragraph (1), subsection (b) of section 41 shall be applied by substituting `non-clinical research' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection. ``(3) Donation of rights to treatment required.--No credit shall be allowed under this section with respect to qualified non-clinical research expenses for a taxable year unless-- ``(A) during such taxable year, or in a previous taxable year, the taxpayer has made a charitable contribution of a license for the treatment with respect to which such qualified non-clinical research expenses were paid or incurred and either-- ``(i) the charitable contribution has the same meaning as defined in section 170(c) and such charitable contribution is made to a charitable organization where the charitable organization licensee researches, develops, or administers treatments for neglected conditions or diseases, or ``(ii) the charitable contribution is made to a foreign government or any subdivision or organization owned by the foregoing, but only if the contribution is made for exclusively public purposes, ``(B) the only commercial rights retained by the taxpayer with respect to such treatment are for an indication which is not a neglected condition or disease, and ``(C) no deduction has been allowed under any provision of this title with respect to such contribution. ``(c) Definition and Special Rules.--For purposes of this section-- ``(1) Non-clinical research.--The term `non-clinical research' means any research relating to the development of a treatment for a neglected disease or condition to the extent such research is not human clinical testing with respect to such treatment. ``(2) Neglected disease or condition.--The term `neglected disease or condition' means any of the following: ``(A) African trypanosomiasis. ``(B) Dengue fever. ``(C) Leishmaniasis. ``(D) Malaria. ``(E) Schistosomiasis. ``(F) Tuberculosis. ``(G) Chagas disease. ``(H) Leprosy. ``(I) Lymphatic filariasis. ``(J) Onchocerciasis. ``(K) Lassa Fever. ``(L) Soil Transmitted Helminthiasis. ``(M) Trachoma. ``(N) Yaws. ``(O) Dracunculiasis. ``(P) Cholera. ``(Q) Buruli Ulcer. ``(R) Any other infectious disease for which there is no significant market in developed nations and disproportionately affects poor and marginalized populations as determined and designated by regulation by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services. ``(3) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f), paragraph (4) of section 41(d), and subsections (b)(1)(C) and (c) of section 45C shall apply for purposes of this section. ``(4) Treatment as trade or business expense.--For purposes of this section and section 174 whether a qualified non- clinical research expense (determined after the application of this paragraph) is paid or incurred in connection with the taxpayer's trade or business shall be determined without regard to any contribution of licensing rights described in subsection (b)(3). ``(5) Expenses for which credits are allowable.--For purposes of this section, the limitations under section 280C are not applicable for purposes of determining whether an expense is deductible or chargeable to a capital account.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the neglected disease credit determined under section 45R.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the such Code is amended by adding at the end the following new item: ``Sec. 45R. Non-clinical testing expenses for neglected disease treatments.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. | Amends the Internal Revenue Code to allow a tax credit for 50% of the non-clinical research expenses for certain infectious diseases or conditions for which there is no significant market in developed nations and which disproportionately affect poor and marginalized populations. Requires any taxpayer who claims this tax credit to donate to a charitable organization or foreign government for public purposes the rights to any license for treatment of such diseases. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``School Safety Act of 2000''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Procedural Safeguards.-- Section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) is amended by adding at the end the following: ``(n) Discipline by Local Authority With Respect to Weapons, Drugs, and Teacher Assaults.-- ``(1) Authority of school personnel with respect to weapons, drugs, and teacher assaults.--Notwithstanding any other provision of this title, school personnel may discipline (including expel or suspend) a child with a disability in the same manner in which such personnel may discipline a child without a disability if the child with a disability-- ``(A) carries or possesses a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or a local educational agency; ``(B) threatens to carry, possess, or use a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or a local educational agency; ``(C) possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency; or ``(D) assaults or threatens to assault a teacher, teacher's aide, principal, school counselor, or other school personnel, including independent contractors and volunteers. ``(2) Individual determinations.--In carrying out any disciplinary action described in paragraph (1), school personnel have discretion to consider all germane factors in each individual case and modify any disciplinary action on a case-by-case basis. ``(3) Defense.--Nothing in paragraph (1) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under paragraph (1) from asserting a defense that the alleged act was unintentional or innocent. ``(4) Free appropriate public education.-- ``(A) Ceasing to provide education.-- Notwithstanding section 612(a)(1)(A), or any other provision of this title, a child expelled or suspended under paragraph (1) shall not be entitled to continued educational services, including a free appropriate public education, under this subsection, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being expelled or suspended. ``(B) Providing education.--Notwithstanding subparagraph (A), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under paragraph (1) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services-- ``(i) nothing in this subsection shall be construed to require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and ``(ii) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency. ``(5) Relationship to other requirements.-- ``(A) Plan requirements.--No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this subsection. ``(B) Procedure.--None of the procedural safeguards or disciplinary procedures of this Act shall apply to this subsection, and the relevant procedural safeguards and disciplinary procedures applicable to children without disabilities may be applied to the child with a disability in the same manner in which such safeguards and procedures would be applied to children without disabilities. ``(6) Definitions.--In this subsection: ``(A) Threaten to carry, possess, or use a weapon.--The term `threaten to carry, possess, or use a weapon' includes behavior in which a child verbally threatens to kill another person. ``(B) Weapon, illegal drug, controlled substance, and assault.--The terms `weapon', `illegal drug', `controlled substance', `assault', `unintentional', and `innocent' have the meanings given such terms under State law.''. (b) Conforming Amendments.--Section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) is amended-- (1) in subsection (f)(1), by striking ``Whenever'' and inserting the following: ``Except as provided in section 615(n), whenever''; and (2) in subsection (k)-- (A) in paragraph (1), by striking subparagraph (A) and inserting the following: ``(A) In any disciplinary situation except for such situations as described in subsection (n), school personnel under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would apply to children without disabilities).''; (B) by striking paragraph (3) and inserting the following: ``(3) Any interim alternative educational setting in which a child is placed under paragraph (1) or (2) shall-- ``(A) be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current IEP, that will enable the child to meet the goals set out in that IEP; and ``(B) include services and modifications designed to address the behavior described in paragraphs (1) or (2) so that it does not recur.''; (C) in paragraph (6)(B)-- (i) in clause (i), by striking ``(i) In reviewing'' and inserting ``In reviewing''; and (ii) by striking clause (ii); (D) in paragraph (7)-- (i) in subparagraph (A), by striking ``paragraph (1)(A)(ii) or'' each place it appears; and (ii) in subparagraph (B), by striking ``paragraph (1)(A)(ii) or''; and (E) by striking paragraph (10) and inserting the following: ``(10) Substantial evidence.--The term `substantial evidence' means beyond a preponderance of the evidence.''. SEC. 3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994. Subsection (c) of section 14601 of the Gun-Free Schools Act of 1994 (20 U.S.C. 8921) is amended to read as follows: ``(c) Special Rule.--Notwithstanding any other provision of this section, this section shall be subject to section 615(n) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(n)).''. SEC. 4. APPLICATION. The amendments made by sections 2 and 3 shall not apply to conduct occurring prior to the date of enactment of this Act. | Declares that a child expelled or suspended shall not be entitled to continued educational services, including a free appropriate public education, during the term of such expulsion or suspension, if the State does not require a child without a disability to receive educational services after being expelled or suspended. Authorizes the LEA, even if State law does not require it to do so, to choose to continue to provide educational services, at any level of services and at a site it chooses. Amends the Gun-Free Schools Act of 1994 to subject certain provisions to IDEA requirements added by this Act for school expulsion or suspension, because of a weapons violation, of a child with a disability. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Anticounterfeiting Act of 1998''. SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT IDENTIFICATION CODES. (a) In General.--Title VIII of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.'', approved July 5, 1946 (commonly referred to as the ``Lanham Act'' and the ``Trademark Act of 1946'') is amended by inserting after section 43 (15 U.S.C. 1125) the following: ``unauthorized modifications of product identification codes ``Sec. 43A. (a) Definitions.--In this section-- ``(1) the term `consumer'-- ``(A) means-- ``(i) the ultimate user or purchaser of a good; or ``(ii) any hotel, restaurant, or other provider of services that must remove or alter the container, label, or packaging of a good in order to make the good available to the ultimate user or purchaser; and ``(B) does not include any retailer or other distributor who acquires a good for resale; ``(2) the term `good' means any article, product, or commodity that is customarily produced or distributed for sale, rental, or licensing in interstate or foreign commerce, and any container, packaging, label, or component thereof; ``(3) the term `manufacturer' includes the original manufacturer of a good and a duly appointed agent or representative of that manufacturer acting within the scope of its agency or representation; ``(4) the term `product identification code'-- ``(A) includes any number, letter, symbol, marking, date (including an expiration date), code, software, or other technology that is affixed to or embedded in any good, by which the manufacturer of the good may trace the good back to a particular production lot or batch or date of removal, or otherwise identify the source of the good, the date of manufacture, the date of expiration, or other comparable critical data; and ``(B) does not include copyright management information conveyed in connection with copies or phonorecords of a copyrighted work or any performance or display of a copyrighted work; ``(5) the term `Universal Product Code' refers to the multidigit bar code and number representing goods in retail applications; and ``(6) the term `value' means the face, par, or market value, whichever is the greatest. ``(b) Prohibited Acts.--Except as otherwise authorized by Federal law, it shall be unlawful for any person, other than the consumer or the manufacturer of a good, knowingly and without authorization of the manufacturer-- ``(1) to directly or indirectly alter, conceal, remove, obliterate, deface, strip, or peel any product identification code affixed to or embedded in that good; ``(2) to directly or indirectly affix or embed a product identification code to or in that good which is intended by the manufacturer for a different good, such that the code no longer accurately identifies the source of the good; ``(3) to directly or indirectly affix to or embed in that good any number, letter, symbol, marking, date, code, or other technology intended to simulate a product identification code; or ``(4) to import, export, sell, distribute, or broker that good, the product identification code for which has been altered, concealed, removed, obliterated, defaced, stripped, peeled, affixed, or embedded in violation of paragraph (1) or (2), or that bears an unauthorized number, letter, symbol, marking, date, or other code in violation of paragraph (3). ``(c) Applicability.--The prohibitions set forth in subsection (b) shall apply to product identification codes (or simulated product identification codes in a case to which subsection (b)(3) applies) affixed to, or embedded in, any good held for sale or distribution in interstate or foreign commerce or after shipment therein. ``(d) Exclusion.-- ``(1) UPC codes.--Nothing in this section prohibits a retailer from affixing a Universal Product Code or other electronic pricing code to a good if that code does not (or can be removed so as not to) permanently alter, conceal, remove, obliterate, deface, strip, or peel any product identification code. ``(2) Repackaging for resale.--(A) Nothing in this section prohibits a distributor from removing an article, product, or commodity of retail sale from a shipping container and placing such article, product, or commodity in another shipping container for purpose of resale in a quantity different from the quantity originally provided by the manufacturer or from replacing a damaged shipping container, if, except as provided in paragraph (1), such article, product, or commodity of retail sale retains its original product identification code, without any obstruction or alteration, and if-- ``(i) such distributor is registered with all applicable Federal and State agencies; ``(ii) such distributor repackages the article, product, or commodity in full compliance with all applicable State and Federal laws and regulations; and ``(iii) the act of repackaging does not result in a prohibited act under section 301 of the Federal Food, Drug, and Cosmetic Act or violate any other applicable State or Federal law or regulation. ``(B) As used in this paragraph, the term `shipping container' means-- ``(i) a container or wrapping used for the transportation of any article, product, or commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; and ``(ii) containers or wrappings used by retailers to ship or deliver any article, product, or commodity to retail customers, if such containers and wrappings bear no printed matter pertaining to any particular article, product, or commodity. ``(e) Criminal Penalties.--Any person who willfully violates this section shall be punished as provided in section 1365A of title 18. ``(f) Civil Remedies.-- ``(1) In general.--Any person who is injured by a violation of this section, or threatened with such injury, may bring a civil action in an appropriate United States district court against the alleged violator. ``(2) Injunctions and impounding and disposition of goods.--In any action under paragraph (1), the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the violation; ``(B) at any time while the action is pending, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in the violation; and ``(C) as part of a final judgment or decree-- ``(i) order the destruction of any good involved in the violation that is in the custody or control of the violator or that has been impounded under subparagraph (B); or ``(ii) if the court determines that any good impounded under subparagraph (B) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law, and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good. ``(3) Damages.-- ``(A) In general.--Subject to subparagraph (B), in any action under paragraph (1), the plaintiff shall be entitled to recover the actual damages suffered by the plaintiff as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In establishing the violator's profits, the plaintiff shall be required to present proof only of the violator's sales, and the violator shall be required to prove all elements of cost or deduction claimed. ``(B) Statutory damages.--In any action under paragraph (1), the plaintiff may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits described in subparagraph (A), an award of statutory damages for any violation under this section in an amount equal to-- ``(i) not less than $500 and not more than $100,000, with respect to each type of goods involved in the violation; and ``(ii) if the violation threatens the health and safety of the public, as determined by the court, not less than $5,000 and not more than $1,000,000, with respect to each type of goods involved in the violation. ``(4) Costs and attorney's fees.--In any action under paragraph (1)-- ``(A) in addition to any damages recovered under paragraph (3), a prevailing plaintiff may recover the full costs of the action; and ``(B) the court, in its discretion, may also award reasonable attorney fees to the prevailing party. ``(5) Repeat violations.-- ``(A) Treble damages.--In any case in which a person violates this section within 3 years after the date on which a final judgment was entered against that person for a previous violation of this section, the court, in an action brought under this subsection, may increase the award of damages for the later violation to not more than 3 times the amount that would otherwise be awarded under paragraph (3), as the court considers appropriate. ``(B) Burden of proof.--A plaintiff that seeks damages as described in subparagraph (A) shall bear the burden of proving the existence of the earlier violation. ``(6) Limitations on actions.--No civil action may be commenced under this section later than 3 years after the date on which the claimant discovers the violation. ``(7) Innocent violations.--In any action under paragraph (1), the court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that the acts of the violator constituted a violation. ``(g) Enforcement.--The Attorney General shall enforce this section.''. (b) Conforming Amendment.--The heading for title VIII of the Act of July 5, 1946, is amended by striking ``AND DILUTION'' and inserting ``DILUTION, AND ADULTERATION OF PRODUCT CODES''. SEC. 3. CRIMINAL PENALTIES. (a) In General.--Chapter 65 of title 18, United States Code, is amended by inserting after section 1365 the following: ``Sec. 1365A. Unauthorized modification of product identification codes ``(a) Criminal Penalties.--Any person who willfully violates section 43A of the Act of July 5, 1946 (commonly referred to as the `Trademark Act of 1946') shall-- ``(1) be fined under this title, imprisoned not more than 1 year, or both; ``(2) if the total retail value of the good or goods involved in the violation is greater than $5,000, be fined under this title, imprisoned not more than 5 years, or both; ``(3) if the person acts with reckless disregard for the risk that the health or safety of the public would be threatened and under circumstances manifesting extreme indifference to such risk, and the violation threatens the health or safety of the public, be fined under this title, imprisoned not more than 10 years, or both; ``(4) if the person acts with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk and-- ``(A) serious bodily injury to any individual results, be fined under this title, imprisoned not more than 20 years, or both; or ``(B) death of an individual results, be fined under this title, imprisoned for any term of years or for life, or both; and ``(5) with respect to any second or subsequent violation, be subject to twice the maximum term of imprisonment that would otherwise be imposed under this subsection, fined under this title, or both. ``(b) Injunctions and Impounding, Forfeiture, and Disposition of Goods.-- ``(1) Injunctions and impounding.--In any prosecution under this section, upon motion of the United States, the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the alleged violation; and ``(B) at any time during the proceedings, order the impounding, on such terms as the court determines to be reasonable, of any good that is in the custody or control of the defendant and that the court has reasonable cause to believe was involved in the violation. ``(2) Forfeiture and disposition of goods.--Upon conviction of any person of a violation of this section, the court shall-- ``(A) order the forfeiture of any good involved in the violation that is in the custody or control of the defendant or that has been impounded under paragraph (1)(B); and ``(B) either-- ``(i) order the destruction of each good forfeited under subparagraph (A); or ``(ii) if the court determines that any good forfeited under subparagraph (A) is not unsafe or a hazard to health, dispose of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law and if the manufacturer consents to such disposition and is given the opportunity to reapply a product identification code to the good.''. (b) Conforming Amendment.--The table of sections for chapter 65 of title 18, United States Code, is amended by inserting after the item relating to section 1365 the following: ``1365A. Unauthorized modification of product identification codes.''. SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS. Section 2320(f) of title 18, United States Code, is amended-- (1) by inserting ``unauthorized modification of product identification codes under section 1365A,'' after ``involve''; and (2) in paragraph (4), by inserting ``1365A,'' after ``sections''. | Trademark Anticounterfeiting Act of 1998 - Amends the Trademark Act of 1946 (Lanham Act) and the Federal criminal code to declare unlawful unauthorized modification of product identification codes, including: (1) specified acts of tampering with the product identification code of any good; and (2) importing, exporting, distributing, or brokering goods whose product identification codes have been tampered with. Excludes from such proscription certain actions relating to repackaging for resale. Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mechanical Insulation Installation Incentive Act of 2009''. SEC. 2. EXPENSING OF MECHANICAL INSULATION PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: ``SEC. 179F. MECHANICAL INSULATION PROPERTY. ``(a) Treatment as Expenses.--There shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year. ``(b) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.--The term `applicable percentage' means the lesser of-- ``(A) 30 percent, and ``(B) the excess (if any) of-- ``(i) the energy savings (expressed as a percentage) obtained by placing such mechanical insulation property in service in connection with a mechanical system, over ``(ii) the energy savings (expressed as a percentage) such property is required to meet by Standard 90.1-2007, developed and published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. ``(2) Special rule relating to maintenance.--In the case of mechanical insulation property placed in service as a replacement for insulation property-- ``(A) paragraph (1)(B) shall be applied without regard to clause (ii) thereof, and ``(B) the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167. ``(c) Definitions.--For purposes of this section-- ``(1) Mechanical insulation property.--The term `mechanical insulation property' means insulation materials, facings, and accessory products-- ``(A) placed in service in connection with a mechanical system which-- ``(i) is located in the United States, and ``(ii) is of a character subject to an allowance for depreciation, and ``(B) utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. ``(2) Cost.--The cost of mechanical insulation property includes-- ``(A) the amounts paid or incurred for the installation of such property, ``(B) in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property (determined without regard to this subparagraph), and ``(C) expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property. ``(d) Coordination.-- ``(1) Section 179d.--Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section. ``(2) Other deductions and credits.-- ``(A) In general.--The amount of any other deduction or credit allowable under this chapter for any cost of mechanical insulation property which is taken into account under subsection (a) shall be reduced by the amount of such cost so taken into account. ``(B) Exception for certain costs.--Subparagraph (A) shall not apply to any amount properly attributable to maintenance. ``(e) Allocation of Deduction for Tax-Exempt Property.--In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service. ``(f) Certification.--For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy.''. (b) Deduction for Capital Expenditures.--Section 263(a)(1) of such Code (relating to capital expenditures) is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.''. (c) Technical and Clerical Amendments.-- (1) Section 312(k)(3)(B) of such Code is amended by striking ``or 179E'' each place it appears in the text or heading thereof and inserting ``179E, or 179F''. (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting ``179F,'' after ``179E,''. (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Mechanical insulation property.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. | Mechanical Insulation Installation Incentive Act of 2009 - Amends the Internal Revenue Code to allow a tax deduction for a specified percentage of the cost, including labor costs, of installing and maintaining mechanical insulation property. Defines "mechanical insulation property" as insulation materials, facings, and accessory products placed in service in connection with a mechanical system which is utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Heritage Conservation Act''. SEC. 2. SPECIAL LIMITATION FOR CERTAIN CHARITABLE CONTRIBUTIONS OF ELIGIBLE FARMERS AND RANCHERS. (a) In General.--Section 170(b)(1) of the Internal Revenue Code of 1986 (relating to percentage limitations of individuals) is amended by redesignating subparagraph (F) as subparagraph (G) and inserting after subparagraph (E) the following: ``(F) Special limitation with respect to contributions described in subparagraph (a) of capital gain property by eligible farmers or ranchers.-- ``(i) In general.--Notwithstanding subparagraph (C), in the case of a charitable contribution described in subparagraph (A) of capital gain property (as defined in subparagraph (C)) of an eligible farmer or rancher who makes an election under clause (ii), the total amount of contributions of such property which may be taken into account under subsection (a) for any taxable year shall not exceed 100 percent of the taxpayer's contribution base for such year. For purposes of this subsection, contributions of capital gain property to which this subparagraph applies shall be taken into account after all other charitable contributions. ``(ii) Election.-- ``(II) In general.--A taxpayer may make an election under this clause to take the deduction under subsection (a) for any contribution described in clause (i) for a 15-consecutive- taxable-year period. ``(II) Effect of election.--A taxpayer may only make 1 election under this clause. Such election, once made, shall be irrevocable. ``(iii) Eligible farmer or rancher.--For purposes of this subparagraph, the term `eligible farmer or rancher' means a taxpayer-- ``(I) whose gross income from the trade or business of farming (within the meaning of section 2032A(e)(5)) is at least 51 percent of the taxpayer's gross income for the taxable year, and ``(II) in the case of a C corporation, the stock of which is not publicly traded on a recognized exchange.''. (b) Conforming Amendments.-- (1) Section 170(b)(1)(C)(i) of the Internal Revenue Code of 1986 is amended by inserting ``or (E)'' after ``subparagraph (D)''. (2) The second sentence of section 170(b)(1)(D) of such Code is amended by inserting ``(other than charitable contributions to which subparagraph (F) applies)'' before the period. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 3. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES. (a) Exclusion From Percentage Limitation.--Section 170(b)(1)(C) of the Internal Revenue Code of 1986 (relating to special limitation with respect to contributions described in subparagraph (A) of capital gain property) is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following: ``(iv) Clauses (i) and (ii) shall not apply to a contribution of capital gain property which is a qualified conservation contribution (as defined in subsection (h)).''. (b) Unlimited Carryover for Certain Conservation Contributions of Capital Gain Property.--Paragraph (1) of section 170(d) of the Internal Revenue Code of 1986 (relating to carryover of excess contributions) is amended by adding at the end the following: ``(C) Unlimited carryover for certain conservation contributions.--Subparagraph (A) shall not apply to a contribution described in subsection (b)(1)(C)(iv). If the amount of the contribution described in subsection (b)(1)(C)(iv), payment of which is made within the taxable year, exceeds the taxpayer's contribution base for the taxable year, such excess shall be treated as a contribution so described paid in each succeeding taxable year, in order of time.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 4. INCREASE IN CHARITABLE CONTRIBUTION LIMIT FOR FARMERS AND RANCHERS DOING BUSINESS IN CORPORATE FORM. (a) In General.--Section 170(b)(1) of the Internal Revenue Code of 1986 (relating to percentage limitation of individuals), as amended by section 2(a), is amended by redesignating subparagraph (G) as subparagraph (H) and by inserting after subparagraph (F) the following: ``(G) Certain farmers and ranchers.--An eligible farmer or rancher (as defined in subparagraph (F)) shall be treated as an individual for purposes of this section with respect to any qualified conservation contribution.'' (b) Conforming Amendment.--Section 170(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``corporation,'' and inserting ``corporation (other than a corporation that is an eligible farmer or rancher as defined in paragraph (1)(F) with respect to a qualified conservation contribution),''. (c) Effective Date.--The amendments made by this section shall apply to donations of qualified conservation contributions (as defined in section 170(h) of the Internal Revenue Code of 1986) made after the date of the enactment of this Act, in taxable years ending after such date. SEC. 5. EXPANSION OF ESTATE TAX EXCLUSION FOR LAND SUBJECT TO QUALIFIED CONSERVATION EASEMENT. (a) In General.--Subparagraph (A) of section 2031(c)(8) of the Internal Revenue Code of 1986 (defining land subject to a qualified conservation easement) is amended by striking clause (i) and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (b) Effective Date.--The amendments made by this section shall apply to qualified conservation contributions (as defined in section 170(h) of the Internal Revenue Code of 1986) made after the date of the enactment of this Act. | Rural Heritage Conservation Act - Amends the Internal Revenue Code, with respect to farm and ranch land, to: (1) establish special rules for the charitable contribution of such land; (2) treat a farmer or rancher as an individual with respect to any such contribution with respect to the charitable contribution limit; and (3) expand, for estate tax purposes, the definition of land which may qualify for a conservation contribution. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reports Consolidation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) existing law imposes numerous financial and performance management reporting requirements on agencies; (2) these separate requirements can cause duplication of effort on the part of agencies and result in uncoordinated reports containing information in a form that is not completely useful to Congress; and (3) pilot projects conducted by agencies under the direction of the Office of Management and Budget demonstrate that single consolidated reports providing an analysis of verifiable financial and performance management information produce more useful reports with greater efficiency. (b) Purposes.--The purposes of this Act are-- (1) to authorize and encourage the consolidation of financial and performance management reports; (2) to provide financial and performance management information in a more meaningful and useful format for Congress, the President, and the public; (3) to improve the quality of agency financial and performance management information; and (4) to enhance coordination and efficiency on the part of agencies in reporting financial and performance management information. SEC. 3. CONSOLIDATED REPORTS. (a) In General.--Chapter 35 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 3516. Reports consolidation ``(a)(1) With the concurrence of the Director of the Office of Management and Budget, the head of an executive agency may adjust the frequency and due dates of, and consolidate into an annual report to the President, the Director of the Office of Management and Budget, and Congress any statutorily required reports described in paragraph (2). Such a consolidated report shall be submitted to the President, the Director of the Office of Management and Budget, and to appropriate committees and subcommittees of Congress not later than 150 days after the end of the agency's fiscal year. ``(2) The following reports may be consolidated into the report referred to in paragraph (1): ``(A) Any report by an agency to Congress, the Office of Management and Budget, or the President under section 1116, this chapter, and chapters 9, 33, 37, 75, and 91. ``(B) The following agency-specific reports: ``(i) The biennial financial management improvement plan by the Secretary of Defense under section 2222 of title 10. ``(ii) The annual report of the Attorney General under section 522 of title 28. ``(C) Any other statutorily required report pertaining to an agency's financial or performance management if the head of the agency-- ``(i) determines that inclusion of that report will enhance the usefulness of the reported information to decision makers; and ``(ii) consults in advance of inclusion of that report with the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and any other committee of Congress having jurisdiction with respect to the report proposed for inclusion. ``(b) A report under subsection (a) that incorporates the agency's program performance report under section 1116 shall be referred to as a performance and accountability report. ``(c) A report under subsection (a) that does not incorporate the agency's program performance report under section 1116 shall contain a summary of the most significant portions of the agency's program performance report, including the agency's success in achieving key performance goals for the applicable year. ``(d) A report under subsection (a) shall include a statement prepared by the agency's inspector general that summarizes what the inspector general considers to be the most serious management and performance challenges facing the agency and briefly assesses the agency's progress in addressing those challenges. The inspector general shall provide such statement to the agency head at least 30 days before the due date of the report under subsection (a). The agency head may comment on the inspector general's statement, but may not modify the statement. ``(e) A report under subsection (a) shall include a transmittal letter from the agency head containing, in addition to any other content, an assessment by the agency head of the completeness and reliability of the performance and financial data used in the report. The assessment shall describe any material inadequacies in the completeness and reliability of the data, and the actions the agency can take and is taking to resolve such inadequacies.''. (b) Special Rule for Fiscal Years 2000 and 2001.--Notwithstanding paragraph (1) of section 3516(a) of title 31, United States Code (as added by subsection (a) of this section), the head of an executive agency may submit a consolidated report under such paragraph not later than 180 days after the end of that agency's fiscal year, with respect to fiscal years 2000 and 2001. (c) Technical and Conforming Amendment.--The table of sections for chapter 35 of title 31, United States Code, is amended by inserting after the item relating to section 3515 the following: ``3516. Reports consolidation.''. SEC. 4. AMENDMENTS RELATING TO AUDITED FINANCIAL STATEMENTS. (a) Financial Statements.--Section 3515 of title 31, United States Code, is amended-- (1) in subsection (a), by inserting ``Congress and the'' before ``Director''; and (2) by striking subsections (e) through (h). (b) Elimination of Report.--Section 3521(f) of title 31, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``subsections (a) and (f)'' and inserting ``subsection (a)''; and (B) by striking ``(1)''; and (2) by striking paragraph (2). SEC. 5. AMENDMENTS RELATING TO PROGRAM PERFORMANCE REPORTS. (a) Report Due Date.-- (1) In general.--Section 1116(a) of title 31, United States Code, is amended by striking ``No later than March 31, 2000, and no later than March 31 of each year thereafter,'' and inserting ``Not later than 150 days after the end of an agency's fiscal year,''. (2) Special rule for fiscal years 2000 and 2001.-- Notwithstanding subsection (a) of section 1116 of title 31, United States Code (as amended by paragraph (1) of this subsection), an agency head may submit a report under such subsection not later than 180 days after the end of that agency's fiscal year, with respect to fiscal years 2000 and 2001. (b) Inclusion of Information in Financial Statement.--Section 1116(e) of title 31, United States Code, is amended to read as follows: ``(e)(1) Except as provided in paragraph (2), each program performance report shall contain an assessment by the agency head of the completeness and reliability of the performance data included in the report. The assessment shall describe any material inadequacies in the completeness and reliability of the performance data, and the actions the agency can take and is taking to resolve such inadequacies. ``(2) If a program performance report is incorporated into a report submitted under section 3516, the requirements of section 3516(e) shall apply in lieu of paragraph (1).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires such a consolidated report: (1) that incorporates the agency's program performance report to be referred to as a performance and accountability report; (2) that does not incorporate the agency's program performance report to contain a summary of the most significant portions, including the agency's success in achieving key performance goals; (3) to include a statement by the agency's inspector general that summarizes the agency's most serious management and performance challenges; and (4) to include a transmittal letter from the agency head containing an assessment of the completeness and reliability of the performance and financial data used in the report.Sets forth a special rule for the submission of such consolidated reports with respect to FY 2000 and 2001.Amends provisions relating to financial statements of Federal agencies to: (1) require the agency head to submit to Congress (currently, just to the Director) audited financial statements covering the agency's overall financial position and operations; and (2) repeal submission requirements for certain other such statements.Amends provisions relating to program performance reports to require that each such report contain a completeness and reliability assessment, unless such a report is incorporated into a consolidated report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Career and Technical Education Facilities Modernization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Career and technical education teaches academic subject matter in ways that are relevant and consistent to the real world. (2) Vocational education can reflect developmental needs by helping students recognize their interests, aptitudes, and abilities in age- and stage-appropriate ways. (3) In order for students to be high-performing, the education facilities used by the students must also be high- performing. (4) Many school facilities that offer vocational or career and technical education are inefficient and outdated. SEC. 3. CAREER AND TECHNICAL EDUCATION FACILITIES. (a) Career and Technical Education Facilities.--Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Career and Technical Education Facilities ``SEC. 5621. DEFINITIONS. ``In this subpart: ``(1) Career and technical education.--The term `career and technical education' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means-- ``(A) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or ``(B) an institution of higher education (as defined in section 101 of such Act (20 U.S.C. 1001)) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not-- ``(i) baccalaureate degrees (or an equivalent); or ``(ii) master's, professional, or other advanced degrees. ``(3) Eligible entity.--The term `eligible entity' means a local educational agency, community college, or other entity determined appropriate by the Secretary. ``(4) Qualified project.--The term `qualified project'-- ``(A) means the modernization, renovation, or repair of a facility that will be used to improve the quality and availability of science, technology, engineering, mathematics, or career and technical education instruction to public elementary school or secondary school, or community college students, and that may include-- ``(i) improving the energy efficiency of the facility; ``(ii) improving the cost-effectiveness of the facility in delivering quality education; ``(iii) improving student, faculty, and staff health and safety at the facility; ``(iv) improving, installing, or upgrading educational technology infrastructure; ``(v) retrofitting an existing building for career and technical education purposes; and ``(vi) a one-time repair of serviceable equipment at the facility, or replacement of equipment at the facility that is at the end of its serviceable lifespan, that will be used to further educational outcomes; and ``(B) does not include new construction or the payment of routine maintenance costs. ``SEC. 5622. CAREER AND TECHNICAL EDUCATION FACILITIES IMPROVEMENT. ``(a) Program Authorized.--From amounts appropriated under section 5401(b), the Secretary shall carry out a program to improve career and technical education facilities by-- ``(1) awarding grants to eligible entities to enable the eligible entities to carry out qualified projects; ``(2) guaranteeing loans made to eligible entities for qualified projects; or ``(3) making payments of interest on bonds, loans, or other financial instruments (other than a refinancing) that are issued to eligible entities for qualified projects. ``(b) Application.--An eligible entity that desires to receive a grant, loan guarantee, or payment of interest under this subpart shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may require. The application shall include-- ``(1) a detailed description of the qualified project; ``(2) in the case of a qualified project described in section 5621(4)(A)(vi), a description of the educational outcomes to be furthered by the one-time repair of serviceable equipment or replacement of equipment; ``(3) an indication as to whether the eligible entity prefers to receive a grant, loan guarantee, or payment of interest; ``(4) a description of the need for the qualified project; ``(5) a description of how the eligible entity will ensure that the qualified project will be adequately maintained; ``(6) an identification of any public elementary school or secondary school or community college that will benefit from the qualified project; ``(7) a description of how the qualified project will improve instruction and educational outcomes at the facility; ``(8) a description of how the facility supported by the qualified project will be used for providing educational services in science, technology, engineering, mathematics, or career and technical education; ``(9) a description of how the eligible entity will ensure that the modernization, renovation, or repair supported by the qualified project meets Leadership in Energy and Environmental Design (LEED) building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), or equivalent standards adopted by entities with jurisdiction over or related to the eligible entity; ``(10) a description of the fiscal capacity of the eligible entity; ``(11) the percentage of students enrolled in the public elementary school or secondary school or community college to be served by the qualified project who are from low-income families; ``(12) in the case of a qualified project at a facility that is used by students in a secondary school, the secondary school graduation rates; and ``(13) such additional information and assurances as the Secretary may require. ``(c) Priority.--In making awards under this subpart, the Secretary shall use not less than a total of 25 percent of the funds appropriated under section 5401(b) to eligible entities for qualified projects to benefit-- ``(1) public elementary schools or secondary schools served by local educational agencies that are eligible to receive assistance under part B of title VI; or ``(2) community colleges serving a substantial number of rural students, as determined by the Secretary. ``(d) Supplement Not Supplant.--Funds made available under this subpart shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities supported under this subpart. ``(e) Technical Assistance and Administrative Costs.--The Secretary may reserve not more than 3 percent of funds appropriated under section 5401(b) for the administrative costs of this subpart and to provide technical assistance to community colleges and local educational agencies concerning best practices in school facility renovation, repair, and modernization. ``(f) Reporting Requirements.--Not later than 1 year after funds are appropriated to carry out this subpart, and every 2 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the effect of the qualified projects supported under this subpart on improving academic achievement.''. (b) Authorization of Appropriations.--Section 5401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is amended-- (1) by striking the matter preceding paragraph (1) and inserting the following: ``(a) In General.--There are authorized to be appropriated to carry out this part (except for subpart 22) the following amounts:''; and (2) by adding at the end the following: ``(b) Authorization for Subpart 22.--There are authorized to be appropriated to carry out subpart 22 $75,000,000 for fiscal year 2014 and each succeeding fiscal year.''. (c) Conforming Amendments.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5619 the following: ``subpart 22--career and technical education facilities ``Sec. 5621. Definitions. ``Sec. 5622. Career and technical facilities improvement.''. | Career and Technical Education Facilities Modernization Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to support local educational agencies (LEAs), community colleges, and other appropriate entities in modernizing, renovating, or repairing facilities used to provide science, technology, engineering, mathematics, or career and technical education to public elementary, secondary school, or community college students. Requires the Secretary to furnish such support by providing eligible entities with grants or loan guarantees or by making payments of interest on the financial instruments they use to fund the modernization, renovation, or repair of those facilities. Prohibits the use of that support for new construction or the payment of routine maintenance costs. Requires the Secretary to direct at least 25% of the funds made available under this Act to: (1) LEAs that are eligible to receive assistance under the ESEA's Rural Education Initiative program, or (2) community colleges that serve a substantial number of rural students. |
SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION (WHO). (a) Findings.--The Congress makes the following findings: (1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health. (2) Direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially with today's greater potential for the cross-border spread of various infectious diseases such as the human immunodeficiency virus (HIV), tuberculosis, and malaria. (3) Taiwan's population of 23,500,000 people is greater than that of three-fourths of the member states already in the World Health Organization (WHO). (4) Taiwan's achievements in the field of health are substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox, and the plague, and the first to eradicate polio and provide children with hepatitis B vaccinations. (5) The United States Centers for Disease Control and Prevention and its Taiwan counterpart agencies have enjoyed close collaboration on a wide range of public health issues. (6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the WHO. (7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals specializing in firefighting, medicine, and civil engineering. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government. (8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950s. (9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations. (10) Public Law 106-137 required the Secretary of State to submit a report to the Congress on efforts by the executive branch to support Taiwan's participation in international organizations, in particular the WHO. (11) In light of all benefits that Taiwan's participation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appropriate and meaningful participation in the WHO. (12) On May 11, 2001, President Bush stated in his letter to Senator Murkowski that the United States ``should find opportunities for Taiwan's voice to be heard in international organizations in order to make a contribution, even if membership is not possible'', further stating that his Administration ``has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO''. (13) In his speech made in the World Medical Association on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced ``America's work for a healthy world cuts across political lines. That is why my government supports Taiwan's efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it''. (14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis and Malaria in December 2002. (b) Plan.--The Secretary of State is authorized-- (1) to initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly in May 2003 in Geneva, Switzerland; and (2) to instruct the United States delegation to Geneva to implement that plan. (c) Report.--Not later than 14 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress in unclassified form describing the action taken under subsection (b). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | (This measure has not been amended since it was introduced on January 29, 2003. The summary of that version is repeated here.)Authorizes the Secretary of State to: (1) initiate a U.S. plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly (of the World Health Organization) in May 2003 in Geneva, Switzerland; and (2) instruct the U.S. delegation to Geneva to implement such plan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NDRF Ship Disposal Act of 1993''. SEC. 2. DISPOSAL OF NATIONAL DEFENSE RESERVE FLEET VESSELS. (a) Disposal Requirement.-- (1) In general.--Notwithstanding any other provision of law (other than paragraph (3)) and before January 1, 1999, the Secretary of Transportation shall dispose of all vessels that are in the National Defense Reserve Fleet on the date of the enactment of this Act and that-- (A) are not assigned to the Ready Reserve Force component of that fleet; and (B) are not specifically authorized or required by statute to be used for a particular purpose. (2) Notification of secretary of the navy.--The Secretary shall notify the Secretary of the Navy of the intent of the Secretary to dispose of a vessel under this section, by not later than 90 days before the date of that disposal. (3) Limitations on disposal requirement.-- (A) Retention for national defense purposes.--The Secretary shall not dispose of a vessel under this section if the Secretary of the Navy certifies to the Secretary within 30 days after receiving notification of the intent of the Secretary to dispose of the vessel, that-- (i) the vessel is militarily useful, and (ii) retention of the vessel in the National Defense Reserve Fleet is necessary for national defense purposes. (B) Use by state or federal agency.--The Secretary is authorized to not dispose of a vessel otherwise required to be disposed of under this section if the Secretary certifies to the Congress that the vessel is needed for use by a State or Federal governmental agency. (C) Recertification required after one year.-- Notwithstanding subparagraphs (A) and (B), the Secretary-- (i) may dispose of a vessel after the one- year period beginning on the date on which the Secretary of the Navy makes a certification described in subparagraph (A) with respect to the vessel, unless the Secretary of the Navy makes a subsequent certification under that subparagraph with respect to the vessel; and (ii) shall dispose of a vessel after the one-year period beginning on the date the Secretary makes a certification described in subparagraph (B) with respect to the vessel, unless the Secretary makes a subsequent certification under that subparagraph with respect to the vessel. (D) Endangered species act.--This section shall not be construed as superseding, or authorizing any activity prohibited by, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) Method of disposal.--Except as provided in subsection (c), the Secretary shall dispose of vessels pursuant to this section-- (A) in accordance with section 508 or 510(i) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1158, 1160(i)); and (B) in the case of vessels disposed of after 3 months after the effective date of this section, in accordance with the plan submitted by the Secretary under subsection (b). (b) Vessel Disposal Plan.-- (1) In general.--The Secretary shall submit to the Congress a plan for disposing of vessels pursuant to this section, by not later than 3 months after the effective date of this section. (2) Contents.--The plan submitted under this subsection shall include-- (A) procedures to be followed in disposing of vessels, including procedures for notifying the Secretary of the Navy pursuant to subsection (a)(2); (B) standards developed by the Secretary for-- (i) identifying vessels to be disposed of, (ii) establishing the priority for disposing of each vessel so identified, and (iii) making certifications under subsection (a)(3)(B); (C) standards developed by the Secretary of the Navy for making certifications under subsection (a)(3)(A); and (D) a preliminary schedule for vessel disposals which indicates the number of vessels, or percentage of the total number of vessels required to be disposed of, that will be disposed of each year. (c) Use of Vessels for Artificial Reef Program.-- (1) Identification and application by state.--The Secretary may select not more than 15 of the vessels required to be disposed of under this section, for which any State may apply for use as an offshore artificial reef in accordance with the Act entitled ``An Act to authorize appropriations for fiscal year 1973 for certain programs of the Department of Commerce and for other purposes'', approved August 22, 1972 (16 U.S.C. 1220 et seq.). (2) Requirement to transfer.--The Secretary shall transfer, in accordance with the Act referred to in paragraph (1), a vessel identified under paragraph (1) to a State which fulfills the requirements for that transfer under that Act. (d) Definitions.--For purposes of this section: (1) National defense reserve fleet.--The term ``National Defense Reserve Fleet'' means that fleet maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744). (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (e) Effective Date.--This section shall take effect on January 1, 1994. | NDRF Ship Disposal Act of 1993 - Mandates the disposal of all vessels in the National Defense Reserve Fleet unless: (1) assigned to the Ready Reserve Force; (2) specifically authorized or required by statute to be used for a particular purpose; (3) necessary for national defense purposes (requires annual recertification); or (4) needed for State or Federal agency use (requires annual recertification). Allows use of 15 vessels being disposed of for the artificial reef program under specified Federal law. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Trafficking Victims Protection Act''. SEC. 2. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN CHILDREN AND FEMALE DETAINEES. (a) Mandatory Training.--The Secretary of Homeland Security, in consultation with the Office of Refugee Resettlement of the Department of Health and Human Services and independent child welfare experts, shall mandate live training of all personnel who come into contact with unaccompanied alien children (as defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)) in all relevant legal authorities, policies, and procedures pertaining to this vulnerable population. (b) Care and Transportation.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall ensure that all unaccompanied children who will undergo any immigration proceedings before the Department of Homeland Security and the Executive Office for Immigration Review are duly transported and placed in the care and legal and physical custody of the Office of Refugee Resettlement within a maximum of 72 hours of their apprehension absent narrowly defined exceptional circumstances, including a natural disaster or comparable emergency beyond the control of the Secretary of Homeland Security or the Office of Refugee Resettlement. The Secretary of Homeland Security shall ensure that female officers are responsible and at all times present during the transfer and transport of female detainees who are in the custody of the Secretary of Homeland Security. (c) Qualified Resources.--For purposes of this section, the Secretary of Homeland Security shall provide adequately trained and qualified staff resources at each major port of entry (as defined by the U.S. Customs and Border Protection station assigned to that port having in its custody over the past two fiscal years an average per year of 50 or more unaccompanied alien children (as defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279))), including U.S. Customs and Border Protection agents charged primarily with the safe, swift, and humane transportation of unaccompanied alien children to Office of Refugee Resettlement custody and independent licensed social workers dedicated to ensuring the proper temporary care for the children while in Department of Homeland Security custody prior to their transfer to the Office of Refugee Resettlement, who will ensure that each child-- (1) receives emergency medical care; (2) receives mental health care in case of trauma and has access to psychosocial health services; (3) is provided with a pillow, linens, and sufficient blankets to rest at a comfortable temperature, a bed, and a mattress placed in an area specifically designated for residential use; (4) receives adequate nutrition; (5) enjoys a safe and sanitary living environment; (6) receives educational materials; and (7) has access to at least three hours per day of indoor and outdoor recreational programs and activities. (d) Notification.--The Secretary of Homeland Security shall immediately notify the Office of Refugee Resettlement of an unaccompanied alien child in the custody of the Department of Homeland Security to effectively and efficiently coordinate the child's transfer to and placement with the Office of Refugee Resettlement. (e) Notice of Rights and Access to Counsel.--The Secretary of Homeland Security shall ensure that an independent licensed social worker, as described in subsection (c), provides all unaccompanied alien children upon apprehension with both a video orientation and oral and written notice of their rights under the Immigration and Nationality Act including their rights to relief from removal and their rights to confer with counsel (as guaranteed under section 292 of such Act), family, or friends while in the Department of Homeland Security's temporary custody and relevant complaint mechanisms to report any abuse or misconduct they may have experienced. The Secretary of Homeland Security shall ensure that the video orientation and written notice of rights is available in English and in the five most common native languages spoken by the unaccompanied children held in custody at that location during the preceding fiscal year, and that the oral notice of rights is available in English and in the most common native language spoken by the unaccompanied children held in custody at that location during the preceding fiscal year. (f) Confidentiality.--The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement and follow-up services to unaccompanied alien children, consistent with the best interest of the unaccompanied alien child, by not disclosing such information to other government agencies or nonparental third parties. The Secretary may share information when authorized to do so by the child and when consistent with the child's best interest. The Secretary may provide information to a duly recognized law enforcement entity, if such disclosure would prevent imminent and serious harm to another individual. All disclosures shall be duly recorded in writing and placed in the child's files. (g) Other Policies and Procedures.--The Secretary shall further adopt fundamental child protection policies and procedures-- (1) for reliable age determinations of children which exclude the use of fallible forensic testing of children's bone and teeth developed in consultation with medical and child welfare experts; (2) to ensure the safe and secure repatriation and reintegration of unaccompanied alien children to their home countries through specialized programs developed in close consultation with the Secretary of State, the Office of the Refugee Resettlement and reputable independent child welfare experts including placement of children with their families or nongovernmental agencies to provide food, shelter and vocational training and microfinance opportunities; (3) to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition; and (4) to ensure that unaccompanied alien children (as defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)) are physically separated from any adult who is not an immediate family member and are separated by sight and sound from immigration detainees and inmates with criminal convictions, pretrial inmates facing criminal prosecution, children who have been adjudicated delinquents or convicted of adult offenses or are pending delinquency or criminal proceedings, and those inmates exhibiting violent behavior while in detention as is consistent with the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.). | Child Trafficking Victims Protection Act - Directs the Secretary of Homeland Security (DHS) to require live training of all DHS personnel who come into contact with unaccompanied alien children. Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources at appropriate ports of entry, (3) confidentiality, and (4) access to counsel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Health Center Management Stability and Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to data from the Department of Veterans Affairs, several medical centers of the Department are managed by acting or temporary directors. (2) Some of these medical centers have not been managed by a permanent director for a long period. (3) Pursuant to section 317.903 of title 5, Code of Federal Regulations, a member of the senior executive service who is detailed to a temporary position in a department or agency of the Federal Government may not serve in that position for periods longer than 120-day increments, and no member of the senior executive service may be detailed to an unclassified position for a period longer than 240 days. (4) The inability of the Department of Veterans Affairs to recruit qualified, permanent candidates as directors of medical centers, combined with the policies described in paragraph (3), leads to frequent turnover of directors at the medical centers which impedes the ability of system management to engage in long-term planning and other functions necessary to improve service delivery to veterans. (5) The Secretary of Veterans Affairs should develop a comprehensive plan to recruit permanent directors at each medical center that lacks a permanent director. SEC. 3. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Plan.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a plan to hire highly qualified directors for each medical center of the Department of Veterans Affairs that lacks a permanent director as of the date of the plan. The Secretary shall prioritize the hiring of such directors for the medical centers that have not had a permanent director for the longest periods. (b) Matters Included.--The plan developed under subsection (a) shall include the following: (1) A deadline to hire the directors of the medical centers of the Department as described in such subsection. (2) Identification of the possible impediments to such hiring. (3) Identification of opportunities to promote and train candidates from within the Department to senior executive positions in the Department, including as directors of medical centers. (c) Submission.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the plan developed under subsection (a). (d) Semiannual Reports.--Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter until January 1, 2018, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a list of each medical center of the Department that lacks a permanent director as of the date of the report. SEC. 4. COMPLIANCE WITH SCHEDULING REQUIREMENTS. (a) Annual Certification.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the director of each medical facility of the Department of Veterans Affairs annually certifies to the Secretary that the medical facility is in full compliance with all provisions of law and regulations relating to scheduling appointments for veterans to receive hospital care and medical services, including pursuant to Veterans Health Administration Directive 2010-027, or any successor directive. (2) Prohibition on waiver.--The Secretary may not waive any provision of the laws or regulations described in paragraph (1) for a medical facility of the Department if such provision otherwise applies to the medical facility. (b) Explanation of Noncompliance.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, the director shall submit to the Secretary a report containing-- (1) an explanation of why the director is unable to make such certification; and (2) a description of the actions the director is taking to ensure full compliance with the laws and regulations described in such subsection. (c) Prohibition on Bonuses Based on Noncompliance.-- (1) In general.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, each covered official described in paragraph (2) may not receive an award or bonus under chapter 45 or 53 of title 5, United States Code, or any other award or bonus authorized under such title or title 38, United States Code, during the year following the year in which the certification was not made. (2) Covered official.--A covered official described in this paragraph is each official who serves in the following positions at a medical facility of the Department during a year, or portion thereof, for which the director does not make a certification under subsection (a)(1): (A) The director. (B) The chief of staff. (C) The associate director. (D) The associate director for patient care. (E) The deputy chief of staff. (d) Annual Report.--The Secretary shall annually submit to the Committees on Veterans' Affairs of the House of Representative and the Senate a report containing, with respect to the year covered by the report-- (1) a list of each medical facility of the Department for which a certification was made under subsection (a)(1); and (2) a list of each medical facility of the Department for which such a certification was not made, including a copy of each report submitted to the Secretary under subsection (b). SEC. 5. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall ensure that the directives and policies of the Department of Veterans Affairs apply to each office or facility of the Department in a uniform manner. (b) Notification.--If the Secretary does not uniformly apply the directives and policies of the Department pursuant to subsection (a), including by waiving such a directive or policy with respect to an office, facility, or element of the Department, the Secretary shall notify the Committees on Veterans' Affairs of the House of Representative and the Senate of such nonuniform application, including an explanation for the nonuniform application. Passed the House of Representatives May 23, 2016. Attest: KAREN L. HAAS, Clerk. | VA Health Center Management Stability and Improvement Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) develop and implement a plan to hire highly qualified directors for each VA medical center that lacks a permanent director, and (2) prioritize such hiring for the medical centers that have been without a permanent director for the longest periods. The plan shall include: (1) a hiring deadline; (2) identification of possible hiring impediments; and (3) identification of opportunities to promote and train candidates from within the VA for senior executive positions, including medical center directors. (Sec. 4) The VA shall ensure that the director of each VA medical facility annually certifies that the facility is in full compliance with all provisions of law and regulations relating to scheduling appointments for veterans hospital care and medical services. The VA may not waive any applicable provision of such laws or regulations. If unable to make such certification, the director shall provide the VA with an explanation of noncompliance and a description of compliance actions being taken. If a director does not make a certification for any year, each covered official may not receive specified awards or bonuses during the subsequent year. A covered official is the: (1) director, (2) chief of staff, (3) associate director, (4) associate director for patient care, and (5) deputy chief of staff. (Sec. 5) The VA shall ensure that its directives and policies apply uniformly to each VA office or facility. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteeing a United and Resolute Defense Act of 2003'' or the ``GUARD Act of 2003''. SEC. 2. FUNDING ASSISTANCE FOR HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD. (a) In General.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following new section: ``Sec. 112a. Homeland security activities ``(a) Funding Assistance.--(1) The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a homeland security activities plan satisfying the requirements of subsection (b). ``(2) To be eligible for assistance under this subsection, a State shall have a homeland security activities plan in effect. ``(3) Any funds provided to a State under this subsection shall be used for the following: ``(A) Pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of the State for service performed for the purpose of homeland security while not in Federal service. ``(B) Operation and maintenance of the equipment and facilities of the National Guard of the State that are used for the purpose of homeland security. ``(C) Procurement of services and the purchase or leasing of equipment for the National Guard of the State for use for the purpose of homeland security. ``(b) Homeland Security Activities Plan Requirements.--The homeland security activities plan of a State-- ``(1) shall specify how personnel and equipment of the National Guard of the State are to be used in homeland security activities and include a detailed explanation of the reasons why the National Guard should be used for the specified activities; ``(2) shall describe in detail how any available National Guard training facilities, including any distance learning programs and projects, are to be used; ``(3) shall include the Governor's certification that the activities under the plan are to be conducted at a time when the personnel involved are not in Federal service; ``(4) shall include the Governor's certification that participation by National Guard personnel in the activities under the plan is service in addition to training required under section 502 of this title; ``(5) shall include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; ``(6) shall include the Governor's certification that the Governor or a civilian law enforcement official of the State designated by the Governor has determined that any activities to be carried out in conjunction with Federal law enforcement agencies under the plan serve a State law enforcement purpose; and ``(7) may provide for the use of personnel and equipment of the National Guard of that State to assist the Directorate of Immigration Affairs of the Department of Homeland Security in the transportation of aliens who have violated a Federal or State law prohibiting terrorist acts. ``(c) Examination and Approval of Plan.--The Secretary of Defense shall examine the adequacy of each homeland security activities plan of a State and, if the plan is determined adequate, approve the plan. ``(d) Annual Report.--(1) The Secretary of Defense shall submit to Congress each year a report on the assistance provided under this section during the preceding fiscal year, including the activities carried out with such assistance. ``(2) The annual report under this subsection shall include the following: ``(A) A description of the homeland security activities conducted under the homeland security activities plans with funds provided under this section. ``(B) An accounting of the funds provided to each State under this section. ``(C) An analysis of the effects on military training and readiness of using units and personnel of the National Guard to perform activities under the homeland security activities plans. ``(e) Statutory Construction.--Nothing in this section shall be construed as limiting the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(f) Definitions.--In this section: ``(1) The term `Governor', in the case of the District of Columbia, means the commanding general of the National Guard of the District of Columbia. ``(2) The term `homeland security activities', with respect to the National Guard of a State, means the use of National Guard personnel, when authorized by the law of the State and requested by the Governor of the State, to prevent, deter, defend against, and respond to an attack or threat of attack on the people and territory of the United States. ``(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: ``112a. Homeland security activities.''. | Guaranteeing a United and Resolute Defense Act of 2003 or GUARD Act of 2003 - Authorizes the Secretary of Defense to provide funds to the governor of a State who submits, and receives approval of, a plan for the use of personnel and equipment of the State's National Guard in homeland security activities. Provides authorizes uses of such funding, including: (1) pay, allowances, and clothing; (2) equipment and facilities operation and maintenance; and (3) procurement of related services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Fiduciary Act of 2004''. SEC. 2. DEFINITION OF FIDUCIARY. (a) In General.--(1) Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5506. Definition of `fiduciary' ``For purposes of this chapter and chapter 61 of this title, the term `fiduciary' means-- ``(1) a person who is a guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant (or a claimant's estate) or of a beneficiary (or a beneficiary's estate); or ``(2) any other person having been appointed in a representative capacity to receive money paid under any of the laws administered by the Secretary for the use and benefit of a minor, incompetent, or other beneficiary.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5506. Definition of `fiduciary'.''. (b) Conforming Amendments to Section 5502.--Section 5502 of such title is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``other person'' and inserting ``other fiduciary''; and (B) in the second sentence of paragraph (2), by inserting ``for benefits under this title'' after ``in connection with rendering fiduciary services''; (2) in subsection (b), by striking ``guardian, curator, conservator, or other person'' each place it appears and inserting ``fiduciary''; and (3) in subsection (d), by striking ``guardian, curator, or conservator'' and inserting ``fiduciary''. (c) Conforming Amendment to Section 6101.--Section 6101(a) of such title is amended by striking ``guardian, curator,'' and all that follows through ``beneficiary,'' and inserting ``fiduciary (as defined in section 5506 of this title) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary,''. SEC. 3. INVESTIGATION AND QUALIFICATION OF FIDUCIARIES. (a) In General.--Chapter 55 of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new section: ``Sec. 5507. Investigation and qualification of fiduciaries ``(a) Any certification of a person for payment of benefits of a beneficiary to that person as such beneficiary's fiduciary under section 5502 of this title shall be made on the basis of-- ``(1) an investigation by the Secretary of the fitness of that person to serve as fiduciary for that beneficiary, such investigation-- ``(A) to be conducted in advance of such certification; and ``(B) to the extent practicable, to include a face- to-face interview with such person; ``(2) adequate evidence that certification of that person as fiduciary for that beneficiary is in the interest of such beneficiary (as determined by the Secretary under regulations); and ``(3) the furnishing of any bond that may be required by the Secretary. ``(b) As part of any investigation of any person under subsection (a), the Secretary shall request information concerning whether that person has been convicted of any offense under Federal or State law which resulted in imprisonment for more than one year. If that person has been convicted of such an offense, the Secretary may certify the person as a fiduciary only if the Secretary makes a specific finding that the person has been rehabilitated and is the most appropriate person to act as fiduciary for the beneficiary concerned under the circumstances. ``(c)(1) In the case of a proposed fiduciary described in paragraph (2), the Secretary, in conducting an investigation under subsection (a)(1), may carry out such investigation on an expedited basis that may include waiver of any specific requirement relating to such investigation, including the otherwise applicable provisions of subparagraphs (A) and (B) of such subsection. Any such investigation carried out on such an expedited basis shall be carried out under regulations prescribed for purposes of this section. ``(2) Paragraph (1) applies with respect to a proposed fiduciary who is-- ``(A) the parent (natural, adopted, or stepparent) of a beneficiary who is a minor; ``(B) the spouse or parent of an incompetent beneficiary; or ``(C) a person who has been appointed a fiduciary of the beneficiary by a court of competent jurisdiction.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item added by the amendment made by section 2(a)(2) the following new item: ``5507. Investigation and qualification of fiduciaries.''. SEC. 4. MISUSE OF BENEFITS BY FIDUCIARIES. (a) Protection of Veterans Benefits When Administered by Fiduciaries.--(1) Chapter 61 of title 38, United States Code, is amended by adding at the end the following new sections: ``Sec. 6106. Misuse of benefits by fiduciaries ``(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.--A fiduciary may not collect a fee from a beneficiary for any month with respect to which the Secretary or a court of competent jurisdiction has determined that fiduciary misused all or part of the individual's benefit, and any amount so collected by the fiduciary as a fee for such month shall be treated as a misused part of the individual's benefit. ``(b) Liability of Fiduciaries for Misused Benefits.--(1) If the Secretary or a court of competent jurisdiction determines that a fiduciary that is not a Federal, State, or local government agency has misused all or part of a beneficiary's benefit that was paid to such fiduciary, the fiduciary shall be liable for the amount misused, and such amount (to the extent not repaid by the fiduciary) shall be treated as an erroneous payment of benefits under this title to the fiduciary for purposes of laws pertaining to the recovery of overpayments. The amount of such overpayment shall constitute a liability of such fiduciary to the United States and may be recovered in the same manner as any other debt due the United States. Subject to paragraph (2), upon recovering all or any part of such amount, the Secretary shall pay an amount equal to the recovered amount to such beneficiary or such beneficiary's alternative fiduciary. ``(2) The total of the amounts paid to a beneficiary (or a beneficiary's alternative fiduciary) under paragraph (1) and under section 6107 of this title may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Misuse of Benefits Defined.--For purposes of this chapter, misuse of benefits by a fiduciary occurs in any case in which the fiduciary receives payment, under any of laws administered by the Secretary, for the use and benefit of a beneficiary and converts such payment, or any part thereof, to a use other than for the use and benefit of such beneficiary or that beneficiary's dependents. Retention by a fiduciary of an amount of a benefit payment as a fiduciary fee or commission, or as attorney's fees (including expenses) and court costs, if authorized by the Secretary or a court of competent jurisdiction, shall be considered to be for the use or benefit of such beneficiary. ``(d) Regulations.--The Secretary may prescribe by regulation the meaning of the term `use and benefit' for purposes of this section. ``(e) Finality of Determinations.--A determination by the Secretary that a fiduciary has misused benefits shall be considered to be a decision of the Secretary under section 511(a) of this title. ``Sec. 6107. Reissuance of benefits ``(a) Negligent Failure by Secretary.--(1) In any case in which the negligent failure of the Secretary to investigate or monitor a fiduciary results in misuse of benefits by the fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's alternate fiduciary an amount equal to the amount of benefits that were so misused. ``(2) There shall be considered to have been a negligent failure by the Secretary to investigate and monitor a fiduciary in the following cases: ``(A) A case in which the Secretary failed to timely review a fiduciary's accounting. ``(B) A case in which the Secretary was notified of allegations of misuse, but failed to act in a timely manner to terminate the fiduciary. ``(C) In any other case in which actual negligence is shown. ``(b) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary described in paragraph (2) misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's alternative fiduciary an amount equal to the amount of such benefit so misused. ``(2) Paragraph (1) applies to a fiduciary that-- ``(A) is not an individual; or ``(B) is an individual who, for any month during a period when misuse occurs, serves 15 or more individuals who are beneficiaries under this title. ``(c) Recoupment of Amounts Reissued.--In any case in which the Secretary reissues a benefit payment (in whole or in part) under subsection (a) or (b), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``6106. Misuse of benefits by fiduciaries. ``6107. Reissuance of benefits.''. SEC. 5. ADDITIONAL PROTECTIONS FOR BENEFICIARIES WITH FIDUCIARIES. (a) Onsite Reviews and Required Accountings.--(1) Chapter 55 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new sections: ``Sec. 5508. Periodic onsite reviews of institutional fiduciaries ``(a) Inspections Required.--In addition to such other reviews of fiduciaries as the Secretary may otherwise conduct, the Secretary shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under laws administered by the Secretary to another individual pursuant to the appointment of such person or agency as a fiduciary under section 5502 of this title in any case in which-- ``(1) the fiduciary is a person who serves in that capacity with respect to 15 or more such individuals; ``(2) the fiduciary is a certified community-based nonprofit social service agency; or ``(3) the fiduciary is an agency (other than an agency described in paragraph (2)) that serves in that capacity with respect to 50 or more such individuals. ``(b) Certified Community-Based Nonprofit Social Service Agency Defined.--For purposes of this section, the term `certified community- based nonprofit social service agency' means a community-based nonprofit social service agency that is in compliance with requirements, under regulations which shall be prescribed by the Secretary, for annual certification to the Secretary that it is bonded in accordance with requirements specified by the Secretary and that it is licensed in each State in which it serves as a fiduciary (if licensing is available in such State) in accordance with requirements specified by the Secretary. Any such annual certification shall include a copy of any independent audit on such agency which may have been performed since the previous certification. ``(c) Biennial Report.--(1) Within 120 days after the end of each even-numbered fiscal year, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of periodic onsite reviews conducted during the two preceding fiscal years pursuant to subsection (a) and of any other reviews of fiduciaries conducted during those fiscal years in connection with benefits under this title (such as summaries of findings of reports of the Office of the Inspector General) that the Secretary determines to be pertinent for purposes of this subsection. ``(2) Each report under paragraph (1) shall describe in detail all problems identified in such reviews and any corrective action taken or planned to be taken to correct such problems, and shall include the following: ``(A) The number of such reviews. ``(B) The results of such reviews. ``(C) The number of cases in which the fiduciary was changed and why. ``(D) The number of cases involving the exercise of expedited, targeted oversight of the fiduciary by the Secretary conducted upon receipt of an allegation of misuse of benefits, failure to pay a vendor, or a similar irregularity. ``(E) The number of cases discovered in which there was a misuse of benefits. ``(F) How any such case of misuse of benefits was addressed by the Secretary. ``(G) The final disposition of such cases of misuse of benefits, including any civil or criminal penalties imposed. ``(H) Such other information as the Secretary considers appropriate. ``Sec. 5509. Authority to redirect delivery of benefit payments when a fiduciary fails to provide required accounting ``(a) Required Reports and Accountings.--The Secretary may require a fiduciary to file a report or accounting pursuant to regulations prescribed by the Secretary. ``(b) Actions Upon Failure To File.--In any case in which a fiduciary fails to submit a report or accounting required by the Secretary under subsection (a), the Secretary may, after furnishing notice to such fiduciary and the beneficiary entitled to such payment of benefits, require that such fiduciary appear in person at a regional office of the Department serving the area in which the beneficiary resides in order to receive such payments.''. (2) The table of sections at the beginning of such chapter is amended by adding after the item added by the amendment made by section 3(b) the following new items: ``5508. Periodic onsite reviews of institutional fiduciaries. ``5509. Authority to redirect delivery of benefit payments when a fiduciary fails to provide required accounting.''. (b) Civil Monetary Penalties; Judicial Orders of Restitution.--(1) Chapter 61 of title 38, United States Code, as amended by section 4(a), is further amended by adding at the end the following new sections: ``Sec. 6108. Civil monetary penalties ``(a) Penalty for Conversion.--Any person (including an organization, agency, or other entity) who, having received, while acting in the capacity of a fiduciary pursuant to section 5502 of this title, a payment under a law administered by the Secretary for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual shall be subject to, in addition to any other penalty that may be prescribed by law, a civil monetary penalty of not more than $5,000 for each such conversion. ``(b) Penalty In Lieu of Damages.--Any person who makes a conversion of a payment described in subsection (a) and is subject to a civil monetary penalty under that subsection by reason of such conversion shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from the conversion, of not more than twice the amount of any payments so converted. ``(c) Costs of Recovery.--From amounts collected under this section, the amount necessary to recoup the Department's costs of such collection shall be credited to applicable appropriations, to remain available until expended. ``Sec. 6109. Authority for judicial orders of restitution ``(a) Any Federal court, when sentencing a defendant convicted of an offense involving the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Department. ``(b) Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department shall be considered the victim. ``(c) If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state on the record the reasons therefor. ``(d)(1) Except as provided in paragraph (2), amounts received or recovered by the Secretary pursuant to an order of restitution under subsection (a), to the extent and in the amounts provided in advance in appropriations Acts, shall be available to defray expenses incurred in the supervision and investigation of fiduciaries under this title. ``(2) Paragraph (1) shall not apply with respect to amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the Secretary. Such amounts shall be paid to the individual whose benefits were misused unless the Secretary has previously reissued the misused benefits, in which case the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.''. (2) The table of sections at the beginning of such chapter is amended by adding after the item added by the amendment made by section 4(b) the following new items: ``6108. Civil monetary penalties. ``6109. Authority for judicial orders of restitution.''. SEC. 6. EFFECTIVE DATES. (a) In General.-- Except as otherwise provided, this Act and the amendments made by this Act shall take effect on the first day of the seventh month beginning after the date of the enactment of this Act. (b) Special Rules.--Sections 6106 and 6107 of title 38, United States Code, as added by section 4(a), shall apply with respect to any determinations by the Secretary of Veterans Affairs made after the date of the enactment of this Act of misuse of funds by a fiduciary. SEC. 7. REPORT TO CONGRESS. The Secretary of Veterans Affairs shall prepare a report evaluating whether the existing procedures and reviews for the qualification (including disqualification) of fiduciaries are sufficient to enable the Secretary to protect benefits from being misused by fiduciaries. The Secretary shall submit the report to the Committee on Veterans' Affairs of the Senate and House of Representatives no later than 270 days after the date of the enactment of this Act. The Secretary shall include in such report any recommendations that the Secretary considers appropriate. | Veterans Fiduciary Act of 2004 - Defines "fiduciary," for purposes of Federal veterans' benefits provisions, as a guardian or any other person having been appointed or legally vested with the responsibility or care of a veterans' benefit claimant or beneficiary, or of money paid for the use and benefit of a minor, incompetent, or other beneficiary. Requires any certification of a person as a fiduciary for such purposes to be made on the basis of: (1) an investigation of their fitness to so serve; (2) adequate evidence that such certification is in the best interest of such beneficiary; and (3) the furnishing of any required bond. Requires the investigation to include whether the person has been convicted of any offense which resulted in imprisonment for more than one year. Prohibits a fiduciary from collecting a fee from a beneficiary for any month with respect to which the Secretary of Veterans Affairs or a court finds that the fiduciary misused all or part of the individual's benefit. Provides liability for fiduciaries for misused benefits. Requires the Secretary to pay a beneficiary any amounts or benefits misused by a fiduciary when the negligent failure of the Secretary to investigate or monitor a fiduciary results in such misuse. Provides additional protections for beneficiaries with fiduciaries, including: (1) periodic onsite reviews of institutional fiduciaries such as certified community-based nonprofit social service agencies; (2) requiring a fiduciary to file a report or accounting; (3) civil monetary penalties; and (4) authority for judicial orders of restitution. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Salt Cedar and Russian Olive Control Demonstration Act''. SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of the Interior (referred to in this Act as the ``Secretary''), acting through the Commissioner of Reclamation and the Director of the United States Geological Survey and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program-- (1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) to demonstrate strategic solutions for-- (A) the long-term management of salt cedar and Russian olive trees; and (B) the reestablishment of native vegetation; and (3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (b) Memorandum of Understanding.--As soon as practicable after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding providing for the administration of the program established under subsection (a). (c) Assessment.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall complete an assessment of the extent of salt cedar and Russian olive infestation on public and private land in the western United States. (2) Requirements.--In addition to describing the acreage of and severity of infestation by salt cedar and Russian olive trees in the western United States, the assessment shall-- (A) consider existing research on methods to control salt cedar and Russian olive trees; (B) consider the feasibility of reducing water consumption by salt cedar and Russian olive trees; (C) consider methods of and challenges associated with the revegetation or restoration of infested land; and (D) estimate the costs of destruction of salt cedar and Russian olive trees, related biomass removal, and revegetation or restoration and maintenance of the infested land. (3) Report.-- (A) In general.--The Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Resources and the Committee on Agriculture of the House of Representatives a report that includes the results of the assessment conducted under paragraph (1). (B) Contents.--The report submitted under subparagraph (A) shall identify-- (i) long-term management and funding strategies identified under subsection (d) that could be implemented by Federal, State, tribal, and private land managers and owners to address the infestation by salt cedar and Russian olive; (ii) any deficiencies in the assessment or areas for additional study; and (iii) any field demonstrations that would be useful in the effort to control salt cedar and Russian olive. (d) Long-Term Management Strategies.-- (1) In general.--The Secretary shall identify and document long-term management and funding strategies that-- (A) could be implemented by Federal, State, tribal, and private land managers in addressing infestation by salt cedar and Russian olive trees; and (B) should be tested as components of demonstration projects under subsection (e). (2) Grants.-- (A) In general.--The Secretary may provide grants to eligible entities to provide technical experience, support, and recommendations relating to the identification and documentation of long-term management and funding strategies under paragraph (1). (B) Eligible entities.--Institutions of higher education and nonprofit organizations with an established background and expertise in the public policy issues associated with the control of salt cedar and Russian olive trees shall be eligible for a grant under subparagraph (A). (C) Minimum amount.--The amount of a grant provided under subparagraph (A) shall be not less than $250,000. (e) Demonstration Projects.-- (1) In general.--Not later than 180 days after the date on which funds are made available to carry out this Act, the Secretary shall establish a program that selects and funds not less than 5 projects proposed by and implemented in collaboration with Federal agencies, units of State and local government, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. (2) Project requirements.--The demonstration projects under paragraph (1) shall-- (A) be carried out over a time period and to a scale designed to fully assess long-term management strategies; (B) implement salt cedar or Russian olive tree control using 1 or more methods for each project in order to assess the full range of control methods, including-- (i) airborne application of herbicides; (ii) mechanical removal; and (iii) biocontrol methods, such as the use of goats or insects; (C) individually or in conjunction with other demonstration projects, assess the effects of and obstacles to combining multiple control methods and determine optimal combinations of control methods; (D) assess soil conditions resulting from salt cedar and Russian olive tree infestation and means to revitalize soils; (E) define and implement appropriate final vegetative states and optimal revegetation methods, with preference for self-maintaining vegetative states and native vegetation, and taking into consideration downstream impacts, wildfire potential, and water savings; (F) identify methods for preventing the regrowth and reintroduction of salt cedar and Russian olive trees; (G) monitor and document any water savings from the control of salt cedar and Russian olive trees, including impacts to both groundwater and surface water; (H) assess wildfire activity and management strategies; (I) assess changes in wildlife habitat; (J) determine conditions under which removal of biomass is appropriate (including optimal methods for the disposal or use of biomass); and (K) assess economic and other impacts associated with control methods and the restoration and maintenance of land. (f) Disposition of Biomass.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary, in cooperation with the Secretary of Agriculture, shall complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (2) Requirements.--The analysis shall-- (A) determine conditions under which removal of biomass is economically viable; (B) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and (C) consider economic development opportunities, including manufacture of wood products using biomass resulting from demonstration projects under subsection (e) as a means of defraying costs of control. (g) Costs.-- (1) In general.--With respect to projects and activities carried out under this Act-- (A) the assessment under subsection (c) shall be carried out at a cost of not more than $4,000,000; (B) the identification and documentation of long-term management strategies under subsection (d)(1) and the provision of grants under subsection (d)(2) shall be carried out at a cost of not more than $2,000,000; (C) each demonstration project under subsection (e) shall be carried out at a Federal cost of not more than $7,000,000 (including costs of planning, design, implementation, maintenance, and monitoring); and (D) the analysis under subsection (f) shall be carried out at a cost of not more than $3,000,000. (2) Cost-sharing.-- (A) In general.--The assessment under subsection (c), the identification and documentation of long-term management strategies under subsection (d), a demonstration project or portion of a demonstration project under subsection (e) that is carried out on Federal land, and the analysis under subsection (f) shall be carried out at full Federal expense. (B) Demonstration projects carried out on non-federal land.-- (i) In general.--The Federal share of the costs of any demonstration project funded under subsection (e) that is not carried out on Federal land shall not exceed 75 percent. (ii) Form of non-federal share.--The non-Federal share of the costs of a demonstration project that is not carried out on Federal land may be provided in the form of in-kind contributions, including services provided by a State agency or any other public or private partner. (h) Cooperation.--In carrying out the assessment under subsection (c), the demonstration projects under subsection (e), and the analysis under subsection (f), the Secretary shall cooperate with and use the expertise of Federal agencies and the other entities specified in subsection (e)(1) that are actively conducting research on or implementing salt cedar and Russian olive tree control activities. (i) Independent Review.--The Secretary shall subject to independent review-- (1) the assessment under subsection (c); (2) the identification and documentation of long-term management strategies under subsection (d); (3) the demonstration projects under subsection (e); and (4) the analysis under subsection (f). (j) Reporting.-- (1) In general.--The Secretary shall submit to Congress an annual report that describes the results of carrying out this Act, including a synopsis of any independent review under subsection (I) and details of the manner and purposes for which funds are expended. (2) Public access.--The Secretary shall facilitate public access to all information that results from carrying out this Act. (k) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this Act-- (A) $20,000,000 for fiscal year 2006; and (B) $15,000,000 for each of fiscal years 2007 through 2010. (2) Administrative costs.--Not more than 15 percent of amounts made available under paragraph (1) shall be used to pay the administrative costs of carrying out the program established under subsection (a). (l) Termination of Authority.--This Act and the authority provided by this Act terminate on the date that is 5 years after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Salt Cedar and Russian Olive Control Demonstration Act - Directs the Secretary of the Interior (the Secretary), acting through the Commissioner of Reclamation and the Director of the U.S. Geological Survey, to carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program to: (1) assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) demonstrate strategic solutions for the long-term management of such trees and the reestablishment of native vegetation; and (3) assess economic means to dispose of biomass created as a result of removal of those trees. Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding for the administration of such program. Requires the Secretary to: (1) complete an assessment of the extent of the infestation; (2) identify long-term management and funding strategies that could be implemented by land managers in addressing the infestation and that should be tested as components of specified demonstration projects; and (3) establish a program that selects and funds at least five projects to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. Directs the Secretary to complete an analysis of economic means to use or dispose of biomass created by salt cedar and Russian olive tree removal. Limits the costs of the assessment, identification and documentation of strategies (and the provision of grants), demonstration projects, and analysis. Requires the assessment, identification and documentation of strategies, and demonstration projects to be carried out on federal land and the analysis to be carried out at full federal expense. Limits the federal share of the costs of demonstration projects not carried out on federal land and allows in kind contributions. Directs the Secretary to: (1) review the assessment, identification and documentation of strategies, demonstration projects, and analysis; (2) report to Congress annually, including a synopsis of any independent review and details of the manner and purposes for which funds are expended; and (3) facilitate public access to all information that results from carrying out this Act. Authorizes appropriations. |
SECTION 1. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER DISPENSERS, COMMERCIAL HOT FOOD HOLDING CABINETS, AND PORTABLE ELECTRIC SPAS. (a) Definitions.--Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by adding at the end the following: ``(67) Bottle-type water dispenser.--The term `bottle-type water dispenser' means a drinking water dispenser that is-- ``(A) designed for dispensing hot and cold water; and ``(B) uses a removable bottle or container as the source of potable water. ``(68) Commercial hot food holding cabinet.-- ``(A) In general.--The term `commercial hot food holding cabinet' means a heated, fully-enclosed compartment that-- ``(i) is designed to maintain the temperature of hot food that has been cooked in a separate appliance; ``(ii) has 1 or more solid or glass doors; and ``(iii) has an interior volume of 8 cubic feet or more. ``(B) Exclusions.--The term `commercial hot food holding cabinet' does not include-- ``(i) a heated glass merchandising cabinet; ``(ii) a drawer warmer; or ``(iii) a cook-and-hold appliance. ``(69) Compartment bottle-type water dispenser.--The term `compartment bottle-type water dispenser' means a drinking water dispenser that-- ``(A) is designed for dispensing hot and cold water; ``(B) uses a removable bottle or container as the source of potable water; and ``(C) includes a refrigerated compartment with or without provisions for making ice. ``(70) Portable electric spa.-- ``(A) In general.--The term `portable electric spa' means a factory-built electric spa or hot tub that-- ``(i) is intended for the immersion of persons in heated water circulated in a closed system; and ``(ii) is not intended to be drained and filled with each use. ``(B) Inclusions.--The term `portable electric spa' includes-- ``(i) a filter; ``(ii) a heater (including an electric, solar, or gas heater); ``(iii) a pump; ``(iv) a control; and ``(v) other equipment, such as a light, a blower, and water sanitizing equipment. ``(C) Exclusions.--The term `portable electric spa' does not include-- ``(i) a permanently installed spa that, once installed, cannot be moved; or ``(ii) a spa that is specifically designed and exclusively marketed for medical treatment or physical therapy purposes. ``(71) Water dispenser.--The term `water dispenser' means a factory-made assembly that-- ``(A) mechanically cools and heats potable water; and ``(B) dispenses the cooled or heated water by integral or remote means.''. (b) Coverage.--Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended-- (1) by redesignating paragraph (20) as paragraph (23); and (2) by inserting after paragraph (19) the following: ``(20) Bottle-type water dispensers and compartment bottle- type water dispensers. ``(21) Commercial hot food holding cabinets. ``(22) Portable electric spas.''. (c) Test Procedures.--Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the following: ``(19) Bottle-type water dispensers.-- ``(A) In general.--Test procedures for bottle-type water dispensers and compartment bottle-type water dispensers shall be based on the document `Energy Star Program Requirements for Bottled Water Coolers version 1.1' published by the Environmental Protection Agency. ``(B) Integral, automatic timers.--A unit with an integral, automatic timer shall not be tested under this paragraph using section 4D of the test criteria (relating to Timer Usage). ``(20) Commercial hot food holding cabinets.-- ``(A) In general.--Test procedures for commercial hot food holding cabinets shall be based on the test procedures described in ANSI/ASTM F2140-01 (Test for idle energy rate-dry test). ``(B) Interior volume.--Interior volume shall be based under this paragraph on the method demonstrated in the document `Energy Star Program Requirements for Commercial Hot Food Holding Cabinets' of the Environmental Protection Agency, as in effect on August 15, 2003. ``(21) Portable electric spas.-- ``(A) In general.--Test procedures for portable electric spas shall be based on the test method for portable electric spas described in section 1604 of title 20, California Code of Regulations, as amended on December 3, 2008. ``(B) Normalized consumption.--Consumption shall be normalized under this paragraph for a water temperature difference of 37 degrees Fahrenheit. ``(C) ANSI test procedure.--If the American National Standards Institute publishes a test procedure for portable electric spas, the Secretary shall revise the procedure established under this paragraph, as determined appropriate by the Secretary.''. (d) Standards.--Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended-- (1) by redesignating subsection (ii) as subsection (mm); and (2) by inserting after subsection (hh) the following: ``(ii) Bottle-Type Water Dispensers.--Effective beginning January 1, 2012-- ``(1) a bottle-type water dispenser shall not have standby energy consumption that is greater than 1.2 kilowatt-hours per day; and ``(2) a compartment bottle-type water dispenser shall not have standby energy consumption that is greater than 1.3 kilowatt-hours per day. ``(jj) Commercial Hot Food Holding Cabinets.--Effective beginning January 1, 2012, a commercial hot food holding cabinet shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume. ``(kk) Portable Electric Spas.--Effective beginning January 1, 2012, a portable electric spa shall not have a normalized standby power rate of greater than 5 (V\2/3\) Watts (in which `V' equals the fill volume (in gallons)). ``(ll) Revisions.-- ``(1) In general.--Not later than January 1, 2013, the Secretary shall-- ``(A) consider in accordance with subsection (o) revisions to the standards established under subsections (ii), (jj), and (kk); and ``(B)(i) publish a final rule establishing the revised standards; or ``(ii) make a finding that no revisions are technically feasible and economically justified. ``(2) Effective date.--Any revised standards under this subsection take effect on January 1, 2016.''. (e) Preemption.--Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended-- (1) in subsection (b)-- (A) in paragraph (6), by striking ``or'' after the semicolon at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(8) is a regulation that-- ``(A) establishes efficiency standards for bottle- type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; and ``(B) is in effect on or before the date of enactment of this paragraph.''; and (2) in subsection (c)-- (A) in paragraph (8)(B), by striking ``and'' after the semicolon at the end; (B) in paragraph (9)-- (i) by striking ``except that--'' and all that follows through ``if the Secretary'' and inserting ``except that if the Secretary''; (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (iii) in subparagraph (B) (as so redesignated), by striking the period at the end and inserting ``and''; and (C) by adding at the end the following: ``(10) is a regulation that-- ``(A) establishes efficiency standards for bottle- type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; and ``(B) is adopted by the California Energy Commission on or before January 1, 2013.''. | Amends the Energy Policy and Conservation Act to include bottle-type water dispensers and compartment bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas as "covered products" under the Energy Conservation Program for Consumer Products Other than Automobiles. Sets forth requirements concerning: (1) test procedures for such dispensers, cabinets, and spas; (2) standby energy consumption standards for dispensers; (3) idle energy rate standards for cabinets; and (4) normalized standby power rates standards for spas. Excludes from the general rule of preemption for energy conservation standards before federal standards become effective for products a state regulation that establishes efficiency standards for such dispensers, cabinets, and spas. Excludes from the general rule of preemption when federal standards become effective for products a regulation that establishes standards for such products and is adopted by the California Energy Commission by January 1, 2013. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported Assault Weapons Ban of 2016''. SEC. 2. BAN ON IMPORTATION OF SEMIAUTOMATIC ASSAULT WEAPONS. (a) Prohibitions.-- (1) Importation.--Section 925 of title 18, United States Code, is amended by adding at the end the following: ``(g) For purposes of subsection (d)(3), a firearm shall not be considered to be generally recognized as particularly suitable for or readily adaptable to sporting purposes if the firearm is-- ``(1) a semiautomatic assault weapon; ``(2) a semiautomatic rifle that can accept, or be readily converted to accept, a large capacity ammunition feeding device; ``(3) a semiautomatic rifle with a fixed magazine with a capacity of more than 10 rounds of ammunition; ``(4) the frame or receiver of any firearm the importation of which would be prohibited by reason of this subsection if assembled; or ``(5) a firearm the importation of which would be prohibited by reason of this subsection but for the incorporation into the firearm of a thumbhole stock or any other characteristic that can function as a grip.''. (2) Assembly of rifle that would be prohibited from importation but for incorporation of part made in the united states.-- (A) In general.--Section 922 of such title is amended by adding at the end the following: ``(aa) It shall be unlawful to assemble a firearm the importation of which would be prohibited by reason of section 925(g) but for the incorporation into the firearm of one or more parts made in the United States.''. (B) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 5 years, or both.''. (b) Definitions.--Section 921(a) of such title is amended-- (1) by inserting after paragraph (29) the following: ``(30) The term `semiautomatic pistol' means any repeating pistol that-- ``(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and ``(B) requires a separate pull of the trigger to fire each cartridge. ``(31) The term `semiautomatic shotgun' means any repeating shotgun that-- ``(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and ``(B) requires a separate pull of the trigger to fire each cartridge.''; and (2) by adding at the end the following: ``(36) The term `semiautomatic assault weapon' means any of the following, regardless of country of manufacture or caliber of ammunition accepted: ``(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any one of the following: ``(i) A pistol grip. ``(ii) A forward grip. ``(iii) A folding, telescoping, or detachable stock. ``(iv) A grenade launcher or rocket launcher. ``(v) A barrel shroud. ``(vi) A threaded barrel. ``(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. ``(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: ``(i) A threaded barrel. ``(ii) A second pistol grip. ``(iii) A barrel shroud. ``(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip. ``(v) A semiautomatic version of an automatic firearm. ``(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ``(F) A semiautomatic shotgun that has any one of the following: ``(i) A folding, telescoping, or detachable stock. ``(ii) A pistol grip. ``(iii) A fixed magazine with the capacity to accept more than 5 rounds. ``(iv) The ability to accept a detachable magazine. ``(v) A forward grip. ``(vi) A grenade launcher or rocket launcher. ``(G) Any shotgun with a revolving cylinder. ``(H) All belt-fed semiautomatic firearms. ``(I) Any combination of parts from which a firearm described in subparagraphs (A) through (H) can be assembled. ``(J) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), or (H). ``(37) The term `large capacity ammunition feeding device'-- ``(A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and ``(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(38) The term `barrel shroud'-- ``(A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and ``(B) does not include-- ``(i) a slide that partially or completely encloses the barrel; or ``(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. ``(39) The term `detachable magazine' means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. ``(40) The term `fixed magazine' means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm. ``(41) The term `folding, telescoping, or detachable stock' means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. ``(42) The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip. ``(43) The term `rocket' means any simple or complex tubelike device containing combustibles that on being ignited liberate gases whose action propels the tube through the air and has a propellant charge of not more than 4 ounces. ``(44) The term `grenade launcher or rocket launcher' means an attachment for use on a firearm that is designed to propel a grenade, rocket, or other similar destructive device. ``(45) The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip. ``(46) The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor. ``(47) The term `belt-fed semiautomatic firearm' means any repeating firearm that-- ``(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; ``(B) requires a separate pull of the trigger to fire each cartridge; and ``(C) has the capacity to accept a belt ammunition feeding device.''. SEC. 3. PUBLICATION OF LIST OF SEMIAUTOMATIC ASSAULT WEAPONS BANNED FROM IMPORTATION. Not less frequently than every 12 months, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall cause to be published in the Federal Register-- (1) a list of each firearm the importation of which is prohibited by reason of the amendments made by section 2; and (2) a list of each firearm an application for the importation of which was received by the Bureau, and whether the application was approved or denied. SEC. 4. REPORT TO THE CONGRESS. Within 1 year after the date of the enactment of this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report on the implementation of this Act. | Imported Assault Weapons Ban of 2016 This bill amends the federal criminal code to prohibit the importation or assembly of certain semiautomatic firearms (or specified parts of such firearms). The Bureau of Alcohol, Tobacco, Firearms, and Explosives must publish a list of firearms banned from importation by the bill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reserve Mobilization Income Security Act of 2004''. SEC. 2. REFUNDABLE CREDIT FOR ACTIVATED MILITARY RESERVISTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. WAGE DIFFERENTIAL FOR ACTIVATED RESERVISTS. ``(a) In General.--In the case of a qualified reservist, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the qualified active duty wage differential of such qualified reservist for the taxable year. ``(b) Qualified Active Duty Wage Differential.--For purposes of this section-- ``(1) In general.--The term `qualified active duty wage differential' means the daily wage differential of the qualified active duty reservist multiplied by the number of days such qualified reservist participates in qualified reserve component duty during the taxable year, including time spent in a travel status. ``(2) Daily wage differential.--The daily wage differential is an amount equal to the lesser of-- ``(A) the excess of-- ``(i) the qualified reservist's average daily qualified compensation, over ``(ii) the qualified reservist's average daily military pay while participating in qualified reserve component duty to the exclusion of the qualified reservist's normal employment duties, or ``(B) $54.80. ``(3) Average daily qualified compensation.-- ``(A) In general.--The term `average daily qualified compensation' means-- ``(i) the qualified compensation of the qualified reservist for the one-year period ending on the day before the date the qualified reservist begins qualified reserve component duty, divided by ``(ii) 365. ``(B) Qualified compensation.--The term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified reservist's presence for work and which would be includible in gross income, and ``(ii) compensation which is not characterized by the qualified reservist's employer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence. ``(4) Average daily military pay and allowances.-- ``(A) In general.--The term `average daily military pay and allowances' means-- ``(i) the amount paid to the qualified reservist during the taxable year as military pay and allowances on account of the qualified reservist's participation in qualified reserve component duty, determined as of the date the qualified reservists begins qualified reserve component duty, divided by ``(ii) the total number of days the qualified reservist participates in qualified reserve component duty during the taxable year, including time spent in travel status. ``(B) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(5) Qualified reserve component duty.--The term `qualified reserve component duty' means-- ``(A) active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code, or ``(B) full-time National Guard duty (as defined in section 101(19) of title 32, United States Code) which is ordered pursuant to a request by the President, for a period under 1 or more orders described in subparagraph (A) or (B) of more than 90 consecutive days. ``(c) Qualified Reservist.--For purposes of this section-- ``(1) In general.--The term `qualified reservist' means an individual who is engaged in normal employment and is a member of-- ``(A) the National Guard (as defined by section 101(c)(1) of title 10, United States Code), or ``(B) the Ready Reserve (as defined by section 10142 of title 10, United States Code). ``(2) Normal employment.--The term `normal employment duties' includes self-employment. ``(d) Disallowance With Respect to Persons Ordered to Active Duty for Training.--No credit shall be allowed under subsection (a) to a qualified reservist who is called or ordered to active duty for any of the following types of duty: ``(1) Active duty for training under any provision of title 10, United States Code. ``(2) Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. ``(3) Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(e) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed the taxpayer under this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Wage differential for activated reservists. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. | Military Reserve Mobilization Income Security Act of 2004 - Amends the Internal Revenue Code to allow members of the National Guard or the Ready Reserve who have been activated for military duty a refundable income tax credit for the lesser of: (1) the excess of such reservist's daily civilian compensation over the reservist's daily military pay while on active duty or full-time National Guard duty; or (2) $54.80 per day. Includes the amount of such credit in the reservist's gross income. |
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