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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Retention and Quality of Care Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The current nurse workforce is aging, and the average age of practicing registered nurses is 43.3 years, representing an increase of 5.9 years since 1983. This means that the nursing workforce is aging at twice the rate of other occupations in the United States, and the enrollment in nursing programs has decreased in the past 5 years. Many hospitals around the country are reporting vacancy rates for nursing positions. (2) Studies have shown a correlation between higher nurse staffing levels and reduction in adverse patient outcomes, including risk of infection, shock, upper gastrointestinal bleeding, and increased length of stay. (3) Retention problems are contributing to the nursing shortage problem. According to a 2001 survey, 50 percent of nurses say they have recently considered leaving the nursing profession for reasons other than retirement. (4) A majority of those individuals who are considering leaving nursing express a low level of overall job satisfaction, and their lack of participation in decisionmaking is a major factor contributing to dissatisfaction. (5) Magnet hospitals are hospitals that have reorganized care to be more participatory, collaborative, and patient- centered and as a result are able to attract more nurses. (6) Even in times of nursing shortages, magnet hospitals enjoy low turnover. The average length of employment for registered nurses in magnet hospitals is 8.35 years, which is twice the length of employment in hospitals generally, and magnet hospital nurses consistently report greater job satisfaction than other nurses. (7) Magnet hospitals report lower mortality rates, higher patient satisfaction, and greater cost-efficiency, with patients experiencing shorter stays in hospitals and intensive care units. SEC. 3. AMENDMENT. Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended by adding at the end the following: ``PART H--INITIATIVES TO IMPROVE NURSE RETENTION, THE NURSING WORKPLACE, AND THE QUALITY OF CARE ``SEC. 851. DEVELOPING MODELS AND BEST PRACTICES IN NURSING CARE. ``(a) Program Authorized.--From amounts appropriated under section 853, the Secretary shall award grants to eligible entities to enable the eligible entities to carry out demonstrations of models and best practices in nursing care for the purpose of developing innovative strategies or approaches for retention of professional nurses. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a health care facility, or any partnership or coalition containing a health care facility and a collegiate, associate degree, or diploma school of nursing. ``(2) Health care facility.--The term `health care facility' means a hospital, clinic, skilled nursing facility, long-term care facility, home health care agency, federally qualified health center, rural health clinic, public health clinic, or any other entity as designated by the Secretary. ``(c) Distribution of Grants.--Grants awarded under this section shall be distributed among a variety of geographic regions, and among a range of different types and sizes of facilities. ``(d) Duration of Grants.-- ``(1) Three-year grants.--Grants awarded under this section shall be awarded for a period of not greater than 3 years. ``(2) Grant extensions.--Such grants may be extended if the grantee demonstrates that it-- ``(A) as determined by the Secretary based on the factors in paragraph (3), has significantly improved the quality of its workplace for nurses and has enhanced patient care; or ``(B) has been designated as a magnet hospital by the American Nurses Credentialing Center. ``(3) Preference.--In awarding grant extensions under this subsection, the Secretary shall give preference to entities that have-- ``(A) significantly increased retention rates for professional nurses; ``(B) significantly reduced rates of workplace injuries for professional nurses; and ``(C) significantly reduced rates of nursing- sensitive adverse patient outcomes. ``(4) Maximum duration of grants.--The total maximum duration of grants under this section shall not be greater than 6 years. ``(e) Use of Funds.--An eligible entity that receives a grant under subsection (a) shall use such grant funds to carry out demonstrations of models and best practices in nursing care for the purpose of-- ``(1) promoting retention and satisfaction of professional nurses; ``(2) promoting collaboration and communication among health care professionals; ``(3) promoting nurse involvement in organizational and clinical decisionmaking processes; ``(4) organizing care to enhance the satisfaction of professional nurses, improve the nursing workplace environment, and promote the quality of nursing care; ``(5) promoting opportunities for professional nurses to pursue education, career advancement, and organizational recognition; ``(6) promoting high quality of patient care-- ``(A) by enhancing institutional measurement of quality outcomes, including identification and measurement of nursing sensitive patient outcomes; ``(B) by basing the development of policies, procedures, guidelines, and organizational systems on research findings and patient outcomes measurement, including nursing-sensitive patient outcomes measurement; and ``(C) by involving professional nurses in developing and implementing ways to measure and improve the quality of care; ``(7) promoting a balanced work-life environment; and ``(8) offering such other activities as may be determined by the Secretary to enhance the workplace environment for professional nurses. ``(f) Application.-- ``(1) In general.--An eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Contents.--The application submitted under paragraph (1) shall-- ``(A) include a description of the project proposed to be carried out with grant funds; ``(B) demonstrate the eligible entity's commitment to the project through a statement describing-- ``(i) the involvement of high level executive management, trustees, nurse leadership, and medical staff in designing, implementing, and overseeing the project; ``(ii) the designation of key personnel and management structures to design, implement, and oversee the project; ``(iii) any actions that the eligible entity has already taken that contribute to developing innovative models and approaches for retention of professional nurses; and ``(iv) the eligible entity's funding or any evidence of other contributions and commitment for the project, along with information on overall project budget and funding resources; and ``(C) include information regarding the retention rate and occurrence of workplace injuries to nurses at the entity applying for such grant and any other information as the Secretary may reasonably require. ``SEC. 852. SURVEY AND EVALUATION. ``The Secretary, in consultation with the Agency for Healthcare Research and Quality and the Health Resources and Services Administration shall-- ``(1) conduct an annual survey of the projects carried out under section 851 and provide to Congress the results of such survey beginning not later than 2 years after the date of enactment of the Nurse Retention and Quality of Care Act of 2001; and ``(2) develop and provide to Congress, not later than December 30, 2007, a final report that-- ``(A) evaluates the projects funded by grants under section 851; and ``(B) includes findings about best practices and the impact on patients and staff of employing participatory, collaborative, and patient-centered models of nursing care. ``SEC. 853. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants.--There is authorized to be appropriated to carry out section 851, $40,000,000 for fiscal years 2002 through 2007. ``(b) Survey and Evaluation.--There is authorized to be appropriated to carry out section 852, $5,000,000 for fiscal years 2002 through 2007.''. | Nurse Retention and Quality of Care Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to eligible health care facilities to carry out demonstrations of models and best practices in nursing care in order to develop strategies for nurse retention. Requires such demonstrations to promote nurse satisfaction, communication, collaboration in decision-making, professional advancement, and high quality care. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Caves National Monument Boundary Adjustment Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Oregon Caves National Monument-- (A) is comprised of a rectangular area of approximately 480 acres located in the Siskiyou Mountains of southern Oregon; and (B) was established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909, to protect the caves, which were determined to have unusual scientific interest and importance; (2) on June 10, 1933, in accordance with Executive Order 6166 (5 U.S.C. 901 note), the administration of the Monument was transferred from the Secretary of Agriculture to the Secretary of the Interior; and (3) the 1999 general management plan for the Monument contains a recommendation for adding surrounding land to the Monument-- (A) to provide better protection for-- (i) cave ecology; (ii) surface and subsurface hydrology; (iii) public water supplies; and (iv) trails and views; (B) to establish a logical topographical boundary; and (C) to enhance public outdoor recreation opportunities. (b) Purpose.--The purpose of this Act is to add surrounding land to the Monument-- (1) to enhance the protection of the resources associated with the Monument; and (2) to increase public recreation opportunities. SEC. 3. DEFINITIONS. In this Act: (1) Grazing allotment.--The term ``grazing allotment'' means-- (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located in a parcel of land that is-- (i) managed by the Secretary (acting through the Director of the Bureau of Land Management); and (ii) located in close proximity to the land described in subparagraph (A). (2) Grazing lease; grazing permit.--The terms ``grazing lease'' and ``grazing permit'' mean any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes. (3) Lessee; permittee.--The terms ``lessee'' and ``permittee'' mean a livestock operator that holds a valid existing grazing lease or permit for a grazing allotment. (4) Map.--The term ``map'' means the map entitled ``Oregon Caves National Monument, Proposed Boundary'' numbered 150/ 80,023, and dated June 2008. (5) Monument.--The term ``Monument'' means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER. (a) Boundary Adjustment.--The boundary of the Monument is modified-- (1) to include approximately 4,070 acres of land identified on the map as the ``Proposed Addition Lands''; and (2) to exclude approximately 4 acres of land-- (A) located in the City of Cave Junction; and (B) identified on the map as the ``Cave Junction Unit''. (b) Land Transfer.--The Secretary of Agriculture shall-- (1) transfer the land described in subsection (a)(1) to the Secretary; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1). (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. WILD AND SCENIC RIVER DESIGNATIONS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(171) Oregon caves national monument, oregon.--The following segments in the State of Oregon, to be administered by the Secretary of the Interior: ``(A) Cave creek.--The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River-Siskiyou National Forest as a recreational river. ``(B) Lake creek.--The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek as a scenic river. ``(C) No name creek.--The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek as a wild river. ``(D) Panther creek.--The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek as a scenic river. ``(E) River styx.--The segment of River Styx from the source to the confluence with Cave Creek as a recreational river. ``(F) Upper cave creek.--The segment of Upper Cave Creek from the headwaters to the confluence with River Styx as a recreational river.''. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the Monument in accordance with-- (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Ecological Forest Restoration Activities.--As soon as practicable after the date of enactment of this Act, the Secretary shall carry out forest restoration activities within the boundaries of the Monument-- (1) to reduce the risk of losing key ecosystem components; (2) to restore the proper role of fire in the ecosystem; and (3) to ensure that forest attributes (including species composition and structure) remain intact and functioning within a historical range. SEC. 7. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM. (a) Donation of Lease or Permit.-- (1) Acceptance by secretary concerned.--The Secretary concerned shall accept any grazing lease or grazing permit that is donated by a lessee or permittee. (2) Termination.--The Secretary concerned shall terminate any grazing lease or grazing permit acquired under paragraph (1). (3) No new grazing lease or permit.--With respect to each grazing lease or grazing permit donated under paragraph (1), the Secretary concerned shall-- (A) not issue any new grazing lease or grazing permit within the grazing allotment covered by the grazing lease or grazing permit; and (B) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease or grazing permit. (b) Effect of Donation.--A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Oregon Caves National Monument Boundary Adjustment Act of 2008 - Adjusts the boundary of the Oregon Caves National Monument (Monument). Directs the Secretary of Agriculture to: (1) transfer certain acreage in the Monument to the Secretary of the Interior; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude certain lands in the Monument transferred by the Secretary. Amends the Wild and Scenic Rivers Act to designate certain additional segments of the Monument as components of the national wild and scenic rivers system. Requires the Secretary of the Interior to: (1) administer the Monument in accordance with this Act and other legal authorities; and (2) carry out forest restoration activities within the boundaries of the Monument. Directs the Secretary of Agriculture or the Interior to accept any grazing lease or permit that is donated by a livestock operator that holds a valid existing grazing lease or permit for a grazing allotment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Simplification for Americans Act of 2004''. SEC. 2. HEAD OF HOUSEHOLD FILING STATUS CHANGED TO SINGLE HEAD OF HOUSEHOLD. (a) In General.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``head of a household'' each place it appears and inserting ``single head of household'': (1) Subsection (b) of section 1. (2) Paragraphs (1) and (3) of section 2(b). (3) The table in section 25B(b). (4) Clause (iii) of section 151(c)(6)(B). (5) Clauses (ii) and (iii) of section 151(d)(3)(C). (6) Subparagraph (A) of section 6012(a)(1). (b) Other Conforming Amendments.-- (1) Subparagraph (B) of section 63(c)(2) of such Code is amended by striking ``head of household'' and inserting ``single head of household''. (2) Section 1 of such Code is amended-- (A) in the heading for subsection (b) by inserting ``Single'' before ``Heads'' , (B) in subsection (c) by inserting ``single'' before ``head'', and (C) in the heading of subsection (c) by inserting ``single'' before ``heads''. (3) The heading for section 2(b) of such Code is amended to read as follows: ``Definition of Single Head of Household''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. EXPANDED AVAILABILITY OF 1040EZ AND 1040A. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. DOLLAR THRESHOLD FOR THE USE OF FORMS 1040EZ AND 1040A. ``(a) In General.--An individual shall not be ineligible to use Form 1040EZ and Form 1040A for filing individual income tax returns on the basis of-- ``(1) the amount of the taxpayer's taxable interest income, or ``(2) the amount of the taxpayer's taxable income, so long as the taxpayer's taxable income does not exceed $100,000. ``(b) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2004, the $100,000 dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Dollar threshold for the use of forms 1040EZ and 1040A.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. SIMPLIFICATION THROUGH ELIMINATION OF INOPERATIVE PROVISIONS. (a) In General.-- (1) Adjustments in tax tables so that inflation will not result in tax increases.--Paragraph (7) of section 1(f) of the Internal Revenue Code of 1986 is amended to read as follows: ``(7) Special rule for certain brackets.--In prescribing tables under paragraph (1) which apply to taxable years beginning in a calendar year after 1994, the cost-of-living adjustment used in making adjustments to the dollar amounts at which the 36 percent rate bracket begins or at which the 39.6 percent rate bracket begins shall be determined under paragraph (3) by substituting `1993' for `1992'.''. (2) Earned income credit.--Paragraph (1) of section 32(b) of such Code is amended-- (A) by striking subparagraphs (B) and (C), and (B) in subparagraph (A) by striking ``(A) In general.--In the case of taxable years beginning after 1995'' and moving the table 2 ems to the left. (3) Annuities; certain proceeds of endowment and life insurance contracts.--Section 72 of such Code is amended-- (A) in subsection (c)(4) by striking ``; except that if such date was before January 1, 1954, then the annuity starting date is January 1, 1954'', and (B) in subsection (g)(3) by striking ``January 1, 1954, or'' and ``, whichever is later''. (4) Accident and health plans.--Section 105(f) of such Code is amended by striking ``or (d)''. (5) Flexible spending arrangements.--Section 106(c)(1) of such Code is amended by striking ``Effective on and after January 1, 1997, gross'' and inserting ``Gross''. (6) Certain combat zone compensation of members of the armed forces.--Subsection (c) of section 112 of such Code is amended-- (A) by striking ``(after June 24, 1950)'' in paragraph (2), and (B) striking ``such zone;'' and all that follows in paragraph (3) and inserting ``such zone.''. (7) Principal residence.--Section 121(b)(3) of such Code is amended-- (A) by striking subparagraph (B), and (B) in subparagraph (A) by striking ``(A) In general.--'' and moving the text 2 ems to the left. (8) Certain reduced uniformed services retirement pay.-- Section 122(b)(1) of such Code is amended by striking ``after December 31, 1965,''. (9) Mortgage revenue bonds for residences in federal disaster areas.--Section 143(k) of such Code is amended by striking paragraph (11). (10) State legislators' travel expenses away from home.-- Paragraph (4) of section 162(h) of such Code is amended by striking ``For taxable years beginning after December 31, 1980, this'' and inserting ``This''. (11) Health insurance costs of self-employed individuals.-- Paragraph (1) of section 162(l) of such Code is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents.''. (12) Interest.-- (A) Section 163 of such Code is amended-- (i) by striking paragraph (6) of subsection (d), and (ii) by striking paragraph (5) of subsection (h). (B) Section 56(b)(1)(C) of such Code is amended by striking clause (ii) and by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively. (13) Amounts received by surviving annuitant under joint and survivor annuity contract.--Subparagraph (A) of section 691(d)(1) of such Code is amended by striking ``after December 31, 1953, and''. (14) Income taxes of members of armed forces on death.-- Section 692(a)(1) of such Code is amended by striking ``after June 24, 1950''. (15) Tax on nonresident alien individuals.--Subparagraph (B) of section 871(a)(1) of such Code is amended to read as follows: ``(B) gains described in subsection (b) or (c) of section 631,''. (16) Old-age, survivors, and disability insurance.-- Subsection (a) of section 1401 of such Code is amended by striking ``the following percent'' and all that follows and inserting ``12.4 percent of the amount of the self-employment income for such taxable year.''. (17) Hospital insurance.--Subsection (b) of section 1401 of such Code is amended by striking ``the following percent'' and all that follows and inserting ``2.9 percent of the amount of the self-employment income for such taxable year.''. (18) Ministers, members of religious orders, and christian science practitioners.--Paragraph (3) of section 1402(e) of such Code is amended by striking ``whichever of the following dates is later: (A)'' and by striking ``; or (B)'' and all that follows and inserting a period. (19) Withholding of tax on nonresident aliens.--The first sentence of subsection (b) of section 1441 of such Code and the first sentence of paragraph (5) of section 1441(c) of such Code are each amended by striking ``gains subject to tax'' and all that follows through ``October 4, 1966'' and inserting ``and gains subject to tax under section 871(a)(1)(D)''. (20) Retirement.--Section 7447(i)(3)(B)(ii) of such Code is amended by striking ``at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter'', and inserting ``at 3 percent per annum''. (21) Annuities to surviving spouses and dependent children of judges.-- (A) Paragraph (2) of section 7448(a) of such Code is amended by striking ``or under section 1106 of the Internal Revenue Code of 1939'' and by striking ``or pursuant to section 1106(d) of the Internal Revenue Code of 1939''. (B) Subsection (g) of section 7448 of such Code is amended by striking ``or other than pursuant to section 1106 of the Internal Revenue Code of 1939''. (C) Subsections (g), (j)(1), and (j)(2) of section 7448 of such Code are each amended by striking ``at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter'' and inserting ``at 3 percent per annum''. (b) Effective Date.-- (1) General rule.--Except as otherwise provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date of enactment of this Act. (2) Savings provision.--If-- (A) any provision amended or repealed by subsection (a) applied to-- (i) any transaction occurring before the date of the enactment of this Act, (ii) any property acquired before such date of enactment, or (iii) any item of income, loss, deduction, or credit taken into account before such date of enactment, and (B) the treatment of such transaction, property, or item under such provision would (without regard to the amendments made by subsection (a)) affect the liability for tax for periods ending after such date of enactment, nothing in the amendments made by subsection (a) shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment. Passed the House of Representatives July 21, 2004. Attest: JEFF TRANDAHL, Clerk. | Tax Simplification for Americans Act of 2004 - Amends the Internal Revenue Code to: (1) rename the "head of household" filing status as "single head of household;" and (2) increase to $100,000 (with annual inflation adjustments after 2004) the income limit for use of tax forms 1040EZ and 1040A. Repeals or amends certain expired or inoperative provisions of the Internal Revenue Code. Enacts a savings provision to prevent changes in tax liability resulting from repeals or amendments made by this Act for periods ending after enactment of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXX--INFORMED CONSENT ``SEC. 3001. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, or any other substance or device or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3002. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the physician who is to perform the abortion, or certified technician working in conjunction with the physician, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide an explanation of the results of the ultrasound; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. ``(c) No Requirement To View Ultrasound Images.--Nothing in this section shall be construed to require a woman to view the ultrasound images. Neither the physician nor the woman shall be subject to any penalty if she refuses to look at the presented ultrasound images. ``SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) In General.--The provisions of section 3002 shall not apply to an abortion provider or facility in the case of a medical emergency. ``(b) Medical Emergency Defined.-- ``(1) In general.--In subsection (a), the term `medical emergency' means a condition which, in the reasonable medical judgment of the abortion provider, so complicates the medical condition of the pregnant woman that a delay in commencing an abortion procedure would impose a serious risk of causing grave and irreversible physical health damage entailing substantial impairment of a major bodily function, not including any psychological or emotional condition or function. ``(2) Reasonable medical judgment.--In paragraph (1), the term `reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. ``(c) Certification.-- ``(1) In general.--Upon a determination by an abortion provider under subsection (a) that a medical emergency exists with respect to a pregnant woman, such provider shall certify the specific medical conditions that constitute the emergency and include such certification in the medical file of the pregnant woman. ``(2) False statements.--An abortion provider who willfully falsifies a certification under paragraph (1) shall be subject to all the penalties provided for under section 3004 for failure to comply with this title. ``SEC. 3004. PENALTIES FOR FAILURE TO COMPLY. ``(a) In General.--An abortion provider who willfully fails to comply with the provisions of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. ``(b) Commencement of Action.--The Attorney General may commence a civil action under this section. ``(c) First Offense.--Upon a finding by a court that a respondent in an action commenced under this section has knowingly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $100,000. ``(d) Second and Subsequent Offenses.--Upon a finding by a court that the respondent in an action commenced under this section has knowingly violated a provision of this title and the respondent has been found to have knowingly violated a provision of this title on a prior occasion, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $250,000. ``(e) Private Right of Action.--A pregnant woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of this title for actual and punitive damages.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater disclosure requirements regarding abortion than those provided under this Act and the amendments made by this Act. SEC. 4. SEVERABILITY. The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. | Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception. Prohibits construing this Act to require a woman to view the images or penalizing the physician or the women if she refuses to look at the images. |
SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be referred to as the ``VoIP Regulatory Freedom Act of 2004''. (b) Purpose.--The purpose of this Act is to prevent the imposition of harmful obligations or a patchwork of multiple and discriminatory regulations on the providers of applications that utilize the Internet protocol or any successor protocol to offer 2-way or multidirectional voice communications. SEC. 2. ASSERTION OF FEDERAL JURISDICTION. (a) In General.--Notwithstanding any other provision of law, responsibility and authority to regulate the offering or provision of a voice-over-Internet-protocol application is reserved solely to the Federal Government. (b) Prohibition of State Regulation.--No State or political subdivision thereof may enact or enforce any law, rule, regulation, standard, or other provision having the force or effect of law that regulates, or has the effect of regulating, the offering or provision of a VoIP application. (c) Prohibition of Delegation to States.--Any responsibility or authority to regulate the offering or provision of a VoIP application that, pursuant to subsection (a), is reserved by the Federal Government may not be delegated, by any Federal agency or officer, to any State or political subdivision thereof. SEC. 3. PREEMPTION OF BROAD FCC AUTHORITY. Except as specifically provided in this Act and notwithstanding any other provision of law, the Commission shall not impose any rule or regulation on, or otherwise regulate, the offering or provision of a VoIP application. SEC. 4. FCC AUTHORITY REGARDING CONNECTED VOIP APPLICATIONS. (a) Interprovider Compensation.-- (1) Rulemaking.--Within 180 days after the date of the enactment of this Act, the Commission shall complete a proceeding to establish a set of rules and standards to provide for appropriate arrangements to compensate providers of facilities and equipment used to transmit communications employing a connected VoIP application. (2) Factors.--In the proceeding the Commission shall-- (A) provide for an appropriate transition period to allow providers of such facilities and equipment and providers of connected VoIP applications to comply with any rules and standards established; and (B) consider the unique nature and circumstances relating to the use of such facilities and equipment in varying geographic markets and rural areas. (b) Universal Service.--Within 180 days after the date of the enactment of this Act, the Commission shall complete a proceeding to provide a contribution mechanism applicable to connected VoIP applications, which may include a collection methodology based on the assignment of telephone numbers to end users, other methodologies, or any combination thereof. In the proceeding, the Commission shall seek to ensure the preservation, enhancement, and long-term sustainability of universal service by maximizing participation in the support of universal service among the greatest number of providers of connected VoIP applications. (c) Law Enforcement Access.-- (1) Requirements regarding assistance capabilities.-- Effective as provided in paragraph (3)(D), each provider of a connected VoIP application shall ensure that its equipment, facilities, or services are capable of-- (A) enabling the government to intercept communications transmitted using such application and to access call-identifying information regarding communications so transmitted, and (B) delivering such intercepted communications and call-identifying information to the government, for the same purposes, to a similar extent, and subject to similar limitations and protections (including protections regarding privacy and security and protections ensuring access only pursuant to lawful authorization) that, under sections 103 and 105 of the Communications Assistance for Law Enforcement Act, are required of the capabilities of the equipment, facilities, or services of a telecommunications carrier. (2) Determination regarding feasibility.--Not later than 180 days after the date of the enactment of this Act, and not later than every 180 days thereafter, the Commission shall conduct a proceeding to determine whether it is technologically feasible and reasonable to commence applicability of the assistance capability requirements established under paragraph (1). (3) Effect of determination.--If the Commission, pursuant to a proceeding under paragraph (2), determines that it is technologically feasible and reasonable to commence applicability of the assistance capability requirements established under paragraph (1)-- (A) the requirement under paragraph (2) to conduct further semi-annual proceedings shall not apply after such determination; (B) not later than 180 days after such determination, the Commission shall establish rules, technical requirements, and standards that-- (i) implement the requirements under paragraph (1); (ii) protect the privacy and security of communications not authorized to be intercepted; (iii) minimize the cost of such compliance on customers or subscribers; (iv) serve the policy of the United States to encourage the provision of new technologies and services to the public; and (v) provide a reasonable time and conditions for compliance with and the transition to any new standard; (C) in establishing such rules, technical requirement, and standards, the Commission consult with providers of connected VoIP applications, manufacturers of equipment used by such applications, other appropriate parties providing services used in such applications, the Attorney General of the United States, and State and local law enforcement agencies; and (D) the requirement under paragraph (1) shall take effect upon the expiration of the 180-day period beginning upon such determination. SEC. 5. VOLUNTARY INDUSTRY CONSENSUS PROCESS REGARDING OTHER CONNECTED VOIP OBLIGATIONS. (a) Voluntary Process.--The Commission shall appoint an appropriate representative industry organization or organizations which shall, within 180 days after the date of the enactment of this Act, develop, as applicable, consensus guidelines, protocols, or performance requirements pertaining to the offering or provision of connected VoIP applications for-- (1) providing comparable capabilities to 911 and enhanced 911 services; (2) improving use by the disabled community; (3) improving reliability of voice over Internet protocol applications; and (4) ensuring appropriate security for the application and voice communications. (b) Information to Customers.--A provider of a connected VoIP application that does not provide for its customers services that are comparable to 911 service and enhanced 911 service shall provide a clear and conspicuous notice of the failure to provide such services to each customer prior to the offering of the application to that customer. (c) Technical Support.--The Commission shall provide technical support, as appropriate, to the organization selected pursuant to subsection (a). SEC. 6. COMMISSION REVIEW. Beginning in 2005, the Commission shall provide a report to the Congress not less than biennially indicating any regulatory obligations that it recommends be enacted on the offering or provision of a VoIP application, including nondiscriminatory treatment for processing or treatment of digital packets. SEC. 7. NO STATE OR LOCAL TAXATION OF VOIP APPLICATIONS. (a) In General.--No State or political subdivision shall impose any tax, fee, surcharge, or other charge for the purpose of generating revenues for governmental purposes on the offering or provision of a VoIP application. (b) Exemption.--Subsection (a) shall not apply to a fee imposed for a specific privilege, service, or benefit conferred. SEC. 8. NO IMPACT ON TRANSMISSION FACILITIES. Nothing in this Act shall affect the authority of the Commission or any State commission to regulate the transmission facilities used to transmit a voice communication of a VoIP application. This section may not be construed to authorize the Commission or any State to regulate the offering or provision of a VoIP application by regulating such transmission facilities. SEC. 9. FTC AUTHORITY. (a) In General.--Except as provided in subsection (b), nothing in this Act shall be constructed to affect the authority of the Federal Trade Commission to prevent unfair or deceptive acts or practices. (b) Regulations Excluded.--Subsection (a) does not authorize the Federal Trade Commission to issue any regulations to implement this Act. SEC. 10. DEFINITIONS. (a) In General.--For purposes of this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Connected voip application.--The term ``connected VoIP application'' means a VoIP application that is capable of receiving voice communications from or sending voice communications to the public switched telephone network, or both. (3) Customer.--The term ``customer'' includes a consumer of goods or services whether for a fee, in exchange for an explicit benefit, or provided for free. (4) Regulate.--The term ``regulate'' includes taking any governmental action that restricts, prohibits, limits, or burdens, or imposes any obstacle, obligation, or duty, or interferes with, an application. (5) Universal service.--The term ``universal service'' has the meaning given such term by section 254(c) of such Act (47 U.S.C. 254(c)). (6) Voice-over-internet-protocol application; voip application.-- (A) In general.--The terms ``Voice-over-Internet- protocol application'' and ``VoIP application'' mean the use of software, hardware, or network equipment for real-time 2-way or multidirectional voice communications over the public Internet or a private network utilizing Internet protocol, or any successor protocol, in whole or part, to connect users notwithstanding-- (i) the underlying transmission technology used to transmit the communications; (ii) whether the packetizing and depacketizing of the communications occurs at the customer premise or network level; or (iii) the software, hardware, or network equipment used to connect users. (B) Exclusion.--The term does not include an application that is used for voice communications that both originate and terminate on the public switched telephone network. (b) Common Terminology.--Except as otherwise provided in subsection (a), terms used in this Act shall have the meaning provided under section 3 of the Communications Act of 1934. | VoIP Regulatory Freedom Act of 2004 - Reserves solely to the Federal Government the responsibility and authority to regulate the offering or provision of a voice-over-Internet-protocol (VoIP) application (an application that uses the Internet or any successor protocol to offer two-way or multidirectional voice communications). Prohibits State regulation, or delegation to States, of such authority. Directs the Federal Communications Commission (FCC) to: (1) establish rules and standards for appropriate arrangements to compensate providers of facilities and equipment used to transmit communications employing a connected VoIP application; and (2) maximize participation in the support of universal service among the greatest number of providers of connected VoIP applications. Requires such providers to assist the Federal Government in enforcement actions. Requires the FCC to appoint an appropriate representative industry organization to develop guidelines, protocols, or performance requirements pertaining to the offering or provision of connected VoIP applications for: (1) providing comparable capabilities to 911 services; (2) improving use by the disabled community; (3) improving reliability of VoIP applications; and (4) ensuring appropriate security for the application and voice communications. Prohibits a State or political subdivision from imposing a tax or other charge on the offering or provision of a VoIP application. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Security and Efficiency Enhancement Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) The length of time it takes to process immigration applications within the Immigration and Naturalization Service of the Department of Justice has created a serious national security problem. This is demonstrated by the granting of student visas to Mohamed Atta and Marwan Alshehhi six months after their involvement in the World Trade Center bombings. The mistake was attributed to delays in processing the paperwork, huge backlogs of applicants, and antiquated computer systems. (2) The INS currently has a backlog of immigration requests estimated to be 5,000,000 applications. (3) Currently 40 percent of all requests made to the INS to obtain permanent resident status are filled out incorrectly. This means that 40 percent of the files the INS receives must be processed twice. (4) There is currently no certified means of identifying organizations that provide fair services. Many organizations compete to sell immigration services to immigrants, but there is no reliable way to distinguish between good and bad information sources. (5) It is estimated that in southern California, immigrants often pay between $500 and $3,000 just to submit their applications. At the low cost end, preparing a naturalization application (form N-400) routinely costs about $500-$800. At the high cost end, preparing the family-sponsored green card application can cost between $2,000 and $3,000. (6) President Clinton signed the Electronic Signatures in Global and National Commerce Act into law in June of 2000, making electronic signatures the legal equivalent of physical signatures. The Internal Revenue Service (IRS) has implemented electronic filing for sensitive tax information, requiring verifiable electronic identification. (7) The State Department is introducing a web-based arms export license application system that will allow companies to submit license applications and supporting technical documents, blueprints, and other complex data over the Internet. This information will be shared with the Commerce, Defense, and Energy Departments. The State Department claims that this will help strengthen inter-agency cooperation and cut down on illegal arms trafficking. (b) Purpose.--It is the purpose of this Act to enhance the security procedures and efficiency of the immigration, visa, border patrol, and naturalization services of the United States Government by mandating the implementation of an electronic application process utilizing certified filing entities and e-file applications. SEC. 3. IMPLEMENTATION OF SECURITY AND EFFICIENCY ENHANCEMENTS. (a) Plan.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to the Congress a plan for the implementation of security and efficiency enhancements described in subsection (b). The plan shall include a timetable for implementation with appropriate information concerning the importance and impact of technology, funding, and other factors on the timetable. (b) Security and Efficiency Enhancements.--Immigration security and efficiency enhancements are as follows: (1) Establishment of a central computer database and network for processing immigration applications and forms. (2) Identification of applications and forms appropriate for electronic submission. (3) Implementation of a pilot project for elective electronic submission of designated immigration applications and forms. (4) Implementation of elective electronic submission of designated immigration applications and forms. (5) Within 4 to 5 years after the date of the enactment of this Act, electronic submission of designated immigration applications and forms which comprise not less than 25 percent of the total by volume. (6) Within 6 years after the date of the enactment of this Act, electronic submission of designated immigration applications and forms comprising not less than 50 percent of the total by volume. (7) Within 8 years after the date of the enactment of this Act, electronic submission of designated immigration applications and forms comprising not less than 75 percent of the total by volume. (8) Wherever feasible, electronic submission of designated immigration applications and forms. (c) Limitations.--Notwithstanding any other provision of this Act, the Attorney General shall implement an electronic application process only with respect to immigration, visa, border patrol, and naturalization services of the United States Government that the Attorney General determines to be appropriate. The Attorney General may not implement an electronic application process with respect to applications by aliens who have been convicted of a felony or aliens who are residing in the United States illegally. (d) Annual Report.--Not later than 1 year after the date of the submission of the plan under subsection (a) and annually thereafter, the Attorney General shall submit to the Congress an annual report which outlines the progress in implementing the plan, together with any modifications in the projections of the plan. SEC. 4. ESTABLISHMENT OF ELECTRONIC FILE MANAGEMENT SYSTEM. The Attorney General shall establish within the visa, immigration, border patrol, and naturalization functions under the jurisdiction of the Department of Justice a computer network composed of a state-of- the-art electronic file management system and computer information system to efficiently receive and process files submitted electronically and securely share information within the network. SEC. 5. ESTABLISHMENT OF IMMIGRATION AND NATURALIZATION FILING SYSTEM THROUGH CERTIFIED SERVICE PROVIDERS. (a) In General.--The Attorney General shall establish within the visa, immigration, and naturalization functions under the jurisdiction of the Department of Justice a system which provides for the electronic filing and submission of applications only from organizations and entities certified by the department to perform immigration and naturalization services on behalf of applicants. (b) Certification of Service Providers.--The Attorney General develop criteria and procedures for the certification of organizations and entities as service providers. In the certification of service providers the Attorney General shall consider the promotion of competition and do everything possible to prevent monopolies. (c) Criteria for Certification of Service Providers.--The Attorney General shall promulgate regulations which provide for the criteria for certification of service providers which shall include the following: (1) Submission security--the ability to verify that a secure link is established for transmitting applicant information. (2) Quality control by the private entity/organization--the ability to determine that the service providers are competent and qualified to provide reliable information to applicants on visa, immigration, and naturalization requirements and procedures necessary to successfully complete applications. (3) User identification verification--the ability to determine that the service provider conducts an adequate initial identity verification. (4) The logistical capabilities to participate in the system. SEC. 6. GRANTS FOR TECHNOLOGY ENHANCEMENT OF IMMIGRATION SERVICE PROVIDERS. The Attorney General is authorized to establish a program of grants to nonprofit service providers under section 5 to assist such entities in obtaining electronic technologies compatible with those utilized by the visa, immigration, and naturalization functions under the jurisdiction of the Department of Justice. SEC. 7. ELECTRONIC DATABASE OF CLOSED INS FILES. The National Records Center shall create and maintain an electronic database of all closed files of the Immigration and Naturalization Service to speed up the request process on past records for all Federal agencies that access such files. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this Act. | Immigration Security and Efficiency Enhancement Act of 2002 - Directs the Attorney General to submit to Congress an immigration security and efficiency enhancement plan which shall incorporate: (1) establishment of a central computer application and form database and network, and identification of applications and forms appropriate for electronic submission; (2) implementation of an electronic submission pilot project; and (3) within specified time periods, electronic submission of specified percentages of such applications and forms.Directs the Attorney General to establish within the visa, immigration, border patrol, and naturalization functions of the Department of Justice: (1) an electronic file management and computer information system; and (2) an electronic filing and submission system for applications from certified service providers (as provided for by this Act).Authorizes the Attorney General to provide grants for enhancement of immigration service providers.Directs the National Records Center to create and maintain an electronic database of all closed Immigration and Naturalization Service files. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Start Healthy Act of 2012''. SEC. 2. MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS. (a) Mandatory Coverage of Certain Newborns.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) by adding ``or'' at the end of subclause (IX); and (3) by adding at the end the following: ``(X) who are qualified newborns (as defined in subsection (e)(16)(A));''. (b) Deemed Eligibility for Newborns.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(16) Deemed eligibility for qualified newborns.-- ``(A) Qualified newborn defined.--For purposes of this section, the term `qualified newborn' means a child who-- ``(i) is born in the United States; ``(ii) is under 1 year of age; ``(iii) is not a child who is deemed eligible under paragraph (4); and ``(iv) for periods-- ``(I) before January 1, 2014, is not eligible for creditable coverage under section 2701(c) of the Public Health Service Act (42 U.S.C. 300gg(c)), as in effect before January 1, 2014, but applied without regard to subparagraphs (D) and (F) of paragraph (1) of such section; or ``(II) on or after such date, is not eligible for minimum essential coverage, as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986, but applied without regard to subparagraph (A)(ii) of such section. ``(B) Deemed eligibility.--Subject to subparagraph (C), a child that a State reasonably believes is a qualified newborn (and thus eligible for medical assistance under subsection (a)(10)(A)(i)(X)) on the date of such child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance until such child is one year of age, unless a State determines that a child is not eligible for such medical assistance through a redetermination under subparagraph (D). ``(C) Exception for other coverage.-- ``(i) In general.--If, during the period of eligibility under subparagraph (A), the State determines that the child is enrolled in a type of coverage described in subparagraph (A)(iv), the State may terminate medical assistance for such child under subsection (a)(10)(A)(i)(X). ``(ii) Limitation.--A State that determines that a child is eligible for such coverage, but not enrolled in such coverage, may not terminate such medical assistance for such child until such child is enrolled in such coverage. ``(D) Redeterminations of eligibility.-- ``(i) In general.--Subject to clause (ii) and subparagraph (C)(ii), the State shall redetermine a child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) not later than 180 days after the date of the child's birth. ``(ii) Limitation.--If an application is required for a redetermination under clause (i), and such application is not received by the State, and the State reasonably believes that the child for which such application was required continues to be a qualified newborn, the State may not discontinue such child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) on the basis of such missing application. ``(iii) Reduced fmap for failure to do timely determination.--The increased Federal medical assistance percentage provided under the third sentence of section 1905(b) with respect to individuals eligible for medical assistance under section 1902(a)(10)(A)(i)(X) shall not apply with respect to a child, beginning 180 days after the date of the child's birth, for whom a determination is not made on a timely basis under clause (i), unless the limitation under clause (ii) applies to such child.''. (c) 100 Percent Matching Rate for Temporary Coverage of Certain Newborns.-- (1) In general.--The third sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at the end the following: ``and, subject to section 1902(e)(16)(E)(iii), for medical assistance for individuals in one of the 50 States or the District of Columbia eligible for such assistance under section 1902(a)(10)(A)(i)(X)''. (2) Application to territories.--Section 1108(g)(4) of such Act (42 U.S.C. 1308(g)(4)) is amended by adding at the end the following: ``Payment for medical assistance for an individual eligible for assistance under section 1902(a)(10)(A)(i)(X) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (4) of this subsection).'' (d) Conforming Amendment.--Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(i)(X),'' after ``1902(a)(10)(A)(i)(VIII),''. (e) Technical Amendments.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by redesignating the paragraph (14) relating to exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition, as added by section 3 of the Improving Access to Clinical Trials Act of 2009, as paragraph (15). Such redesignation shall not be construed to affect the application of section (3)(e) of the Improving Access to Clinical Trials Act of 2009 to such paragraph. (f) Effective Date.-- (1) In general.--The amendments made by this section shall apply to individuals born on or after the day that is 6 months after the date of the enactment of this Act. (2) Delay permitted for state plan amendment.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100% federal medical assistance percentage (FMAP) for temporary coverage of such newborns. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medigap Consumer Protection Act of 1995''. SEC. 2. ELIMINATING ATTAINED AGE RATING FOR INCREASES IN PREMIUMS FOR MEDIGAP POLICIES. Section 1882(r) of the Social Security Act (42 U.S.C. 1395ss(r)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (A), (B) by striking the period at the end of subparagraph (B) and inserting ``; and'', and (C) by inserting after subparagraph (B) the following: ``(C) the premium for the policy does not increase in any way on the basis of the age attained after enrollment by the policyholder or certificateholder.''; (2) by redesignating paragraph (6) as paragraph (7); (3) by inserting after paragraph (5) the following new paragraph: ``(6) In the case of a medicare supplemental policy in effect on the effective date of regulations to carry out paragraph (1)(C), and which does not meet the requirements of such paragraph on such date, the policy shall be considered to meet the requirement of such paragraph only if the issuer of the policy makes available to the policyholder the option of replacing such policy at the time of the policyholder's next renewal period with a medicare supplemental policy which meets the requirements of paragraph (1)(C) and all other applicable requirements of this subsection.''; and (4) in paragraph (7)(A) (as redesignated by paragraph (2)), by inserting ``or the requirements of paragraph (1)(C) or paragraph (6)'' after ``the loss ratio requirements of this subsection''. SEC. 3. EFFECTIVE DATE. (a) NAIC Standards.--If, within 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (in this subsection referred to as the ``NAIC'') makes changes in the 1991 NAIC Model Regulation (as defined in section 1882(p)(1)(A) of the Social Security Act) to incorporate the additional requirements imposed by the amendments made by this Act, section 1882(g)(2)(A) of such Act shall be applied in each State, effective for policies issued to policyholders on and after the date specified in subsection (c) (or, with respect to the requirements imposed by section 1882(r)(6) of such Act, effective as of the date specified in subsection (c) for policies issued before such date), as if the reference to the Model Regulation adopted on June 6, 1979, were a reference to the 1991 NAIC Model Regulation (as so defined) as changed under this paragraph (such changed Regulation referred to in this section as the ``1995 NAIC Model Regulation''). (b) Secretary Standards.--If the NAIC does not make changes in the 1991 NAIC Model Regulation (as so defined) within the 6-month period specified in subsection (a), the Secretary of Health and Human Services (in this section as the ``Secretary'') shall promulgate within 90 days of the end of such period a regulation and section 1882(g)(2)(A) of the Social Security Act shall be applied in each State, effective for policies issued to policyholders on and after the date specified in subsection (c) (or, with respect to the requirements imposed by section 1882(r)(6) of such Act, effective as of the date specified in subsection (c) for policies issued before such date), as if the reference to the Model Regulation adopted in June 6, 1979, were a reference to the 1991 NAIC Model Regulation (as so defined) as changed by the Secretary under this subsection (such changed Regulation referred to in this section as the ``1995 Federal Regulation''). (c) Date Specified.-- (1) In general.--Subject to paragraph (2), the date specified in this subsection for a State is the earlier of-- (A) the date the State adopts the 1995 NAIC Model Regulation or the 1995 Federal Regulation; or (B) 1 year after the date the NAIC or the Secretary first adopts such regulations. (2) Additional legislative action required.--In the case of a State which the Secretary identifies, in consultation with the NAIC, as-- (A) requiring State legislation (other than legislation appropriating funds) in order for medicare supplemental policies to meet the 1995 NAIC Model Regulation or the 1995 Federal Regulation, but (B) having a legislature which is not scheduled to meet in 1996 in a legislative session in which such legislation may be considered, the date specified in this subsection is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after January 1, 1996. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | Medigap Consumer Protection Act of 1995 - Amends the Social Security Act to require that private insurers selling Medicare supplemental policies (Medigap policies) do not increase policyholder premiums on the basis of age attained after enrollment. |
SECTION 1. FINANCIAL LITERACY SERVICES. Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new section: ``financial literacy services ``Sec. 1150A. (a) Definitions.--In this section: ``(1) Area agency on aging.--The term `area agency on aging' has the meaning given that term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ``(2) Financial literacy services.--The term `financial literacy services' means the services described in subsection (b)(1). ``(3) Older individual.--The term `older individual' has the meaning given that term in such section 102. ``(b) Grants for Services.-- ``(1) In general.--The Secretary shall make grants to eligible entities and other entities determined appropriate by the Secretary to enable the entities to provide services to improve financial literacy among older individuals, including older individuals who are women, and the family members and legal representatives of such individuals. The Secretary shall make the grants on a competitive basis, and nationwide. ``(2) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall be an area agency on aging or another entity that meets such requirements as the Secretary may specify. ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In the case of an entity who intends to provide the financial literacy services jointly with other services as described in paragraph (4)(C), the application shall include information demonstrating that the entity has the capacity to provide the services jointly. ``(4) Use of funds.-- ``(A) In general.--An entity that receives a grant under this subsection shall use the funds made available through the grant to provide financial literacy services, such as financial literacy education, training, and assistance. ``(B) Provision through contracts.--The entity may provide the services directly or by entering into a contract with an organization that provides counseling, advice, or representation to older individuals and the family members and legal representatives of such individuals in a community served by the entity. ``(C) Provision with other services.--The entity may provide the services alone or jointly with other services provided by or funded by the eligible entity, such as-- ``(i) services provided through State Health Insurance Assistance Programs; ``(ii) services provided through a Long- Term Care Ombudsman program under section 307(a)(9) or 712 of the Older Americans Act of 1965 (42 U.S.C. 3027, 3058g); ``(iii) information and assistance services provided under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); ``(iv) legal assistance services provided under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); ``(v) services provided through Senior Medicare Patrol Projects conducted by the Administration on Aging; ``(vi) case management services; and ``(vii) services provided through Aging and Disability Resource Centers. ``(5) Report.--The Secretary shall submit to Congress an annual report on the activities carried out by entities under a grant under this subsection. ``(c) National Support Center for Financial Literacy Grant.-- ``(1) In general.--The Secretary may make a grant to an eligible center to coordinate the services provided through, and support the grant recipients under, the grant program carried out under subsection (b). ``(2) Eligible center.--To be eligible to receive a grant under this subsection, a center shall-- ``(A) be an entity that is housed within an organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; ``(B) have a minimum of 10 years experience operating a national program and support center with a focus on financial literacy; and ``(C) be primarily engaged in outreach and training activities designed to provide financial education and retirement planning for low- and moderate-income individuals, particularly with respect to women; and ``(D) have a demonstrated record of collaboration with organizations that focus on the needs of low- and moderate-income individuals and with national organizations serving the elderly, including those working with area agencies on aging and women, as well as organizations with expertise in financial services and related fields. ``(3) Use of funds.--A center that receives a grant under this subsection shall use the funds made available through the grant to-- ``(A) design and conduct training (which may include providing training for trainers) related to financial literacy services; ``(B) provide curricula for financial literacy services; ``(C) develop and disseminate relevant information about financial literacy services; ``(D) conduct outreach to national, State, and community organizations through a series of strategic partnerships in order to improve financial literacy among older individuals and the family members and legal representatives of such individuals; ``(E) provide technical assistance to the grant recipients under subsection (b) with respect to the program; and ``(F) collect data from such grant recipients about the services provided under this section, and the impact of those services. ``(4) Addressing challenges to women in securing adequate retirement income.--In addition to the activities described in paragraph (3), a center that receives a grant under this subsection shall use the funds made available through the grant to conduct activities that are focused on addressing the challenges faced by older women, women of color, single women, and women who are heads of households to securing an adequate retirement income. ``(d) Coordination.--The Secretary shall ensure that the activities carried out under the grant program under subsection (b) and under a grant made under subsection (c) are coordinated with the activities carried out by-- ``(1) the Office of Financial Education of the Department of the Treasury; and ``(2) the Financial Literacy and Education Commission established under section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702). ``(e) Funding.--The Secretary of the Treasury shall transfer to the Secretary of Health and Human Services from the Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund established under section 201 such funds as are necessary for making grants under this section.''. | Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to make grants to enable eligible entities to provide services to improve financial literacy among older individuals, including family members and legal representatives of such individuals. Authorizes the Secretary to make such a grant to a national support center to: (1) coordinate services provided through the grant program; and (2) support grant recipients. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accountability in Broadcasting Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Communications Act of 1934 requires the Federal Communications Commission and broadcast licensees to promote the ``public interest,'' a phrase that appears 40 times in the legislation. (2) Because broadcasters receive free licenses to use the public's airwaves, estimated to be worth hundreds of billions of dollars, they have an obligation to uphold the public's interest, and to adequately inform the public about news and opinion. (3) From 1949 to 1987, a policy of the Federal Communications Commission (FCC) required that radio and television stations air all sides of important or controversial issues, and give equal time to all candidates. (4) Since the rescission of the Fairness Doctrine, the country has experienced a proliferation of highly partisan networks, news outlets, and ownership groups that disseminate unbalanced news coverage and broadcast content. (5) News consumers, particularly those of talk radio, are overwhelmingly exposed to a single point of view. A 2004 survey by Democracy Radio revealed that 90 percent of all broadcast hours on talk radio are characterized as conservative. This imbalance results in issues of public importance receiving little or no attention, while others are presented in a manner not conducive to the listeners' receiving the facts and range of opinions necessary to make informed decisions. (6) The 2004 survey, done by Democracy Radio, found that there were 2,349 hours of local conservative programs broadcast every week versus 555 hours of local progressive programs, and 39,382 hours of national conservative programs broadcast every week versus 2,487 hours of national progressive programs. (7) An April 2004 poll, conducted by Media Matters for America of likely voters shows overwhelming support across the political and demographic spectrum for restoring rules requiring fairness and balance on the public's airwaves. When asked whether television and radio stations that use the public's airwaves should be required to present the sides of an issue in a reasonably balanced way including giving time to opposing points of view. (8) Democracy is built on the concept that the views, beliefs, and values of an informed citizenry provide the best basis for political decision-making. SEC. 2. IMPLEMENTATION OF PUBLIC INTEREST STANDARDS. Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following new subsection: ``(l) Implementation of Public Interest Standard.-- ``(1) Purpose.--The purposes of this subsection are-- ``(A) to restore fairness in broadcasting; ``(B) to ensure that broadcasters meet their public interest obligations; ``(C) to promote diversity, localism, and competition in American media; and ``(D) to ensure that all radio and television broadcasters-- ``(i) are accountable to the local communities they are licensed to serve; ``(ii) offer diverse views on issues of public importance, including local issues; and ``(iii) provide regular opportunities for meaningful public dialogue among listeners, viewers, station personnel, and licensees. ``(2) Standards for public interest determinations.--The Commission may not issue or renew any license for a broadcasting station based upon a finding that the issuance or renewal serves the public interest, convenience, and necessity unless such station is in compliance with the requirements of this subsection. ``(3) Coverage of issues of public importance.--Each broadcast station licensee shall, consistent with the purposes of this subsection, cover issues of importance to their local communities in a fair manner, taking into account the diverse interests and viewpoints in the local community. ``(4) Hearings on needs and interests of the community.-- Each broadcast station licensee shall hold two public hearings each year in its community of license during the term of each license to ascertain the needs and interests of the communities they are licensed to serve. One hearing shall take place two months prior to the date of application for license issuance or renewal. The licensee shall, on a timely basis, place transcripts of these hearings in the station's public file, make such transcripts available via the Internet or other electronic means, and submit such transcripts to the Commission as a part of any license renewal application. All interested individuals shall be afforded the opportunity to participate in such hearings. ``(5) Documentation of issue coverage.--Each broadcast station licensee shall document and report in writing, on a biannual basis, to the Commission, the programming that is broadcast to cover the issues of public importance ascertained by the licensee under paragraph (3) or otherwise, and on how such coverage reflects the diverse interests and viewpoints in the local community of such station. Such documents shall also be placed, on a timely basis, in the station's public file and made available via the Internet or other electronic means. ``(6) Consequences of failure.-- ``(A) Petitions to deny.--Any interested person may file a petition to deny a license renewal on the grounds of-- ``(i) the applicant's failure to afford reasonable opportunities for presentation of opposing points of view on issues of public importance in its overall programming, or the applicant's non-compliance with the Commission's programming rules and policies relating to news staging and sponsorship identification; ``(ii) the failure to hold hearings as required by paragraph (3); ``(iii) the failure to ascertain the needs and interests of the community; or ``(iv) the failure to document and report on the manner in which fairness and diversity have been addressed in local programming. ``(B) Commission review.--Any petition to deny filed under subparagraph (A) shall be reviewed by the Commission. If the Commission finds that the petition provides prima facie evidence of a violation, the Commission shall conduct a hearing in the local community of license to further investigate the charges prior to renewing the license that is the subject of such petition. ``(C) Other remedies.--Nothing in this subsection shall preclude the Commission from imposing on a station licensee any other sanction available under this Act or in law for a failure to comply with the requirements of this subsection. ``(7) Annual report.-- The Commission shall report annually to the Congress on petitions to deny received under this subsection, and on the Commission's decisions regarding those petitions.''. SEC. 3. TERM OF LICENSE. (a) Amendment.--Section 307(c)(1) of the Communications Act of 1934 (47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it appears and inserting ``4 years''. (b) Effective Date.--The amendment made by subsection (a) shall be effective with respect to any license granted by the Federal Communications Commission after the date of enactment of this Act. | Fairness and Accountability in Broadcasting Act - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from issuing or renewing any license for a broadcasting station based upon a finding that the issuance or renewal serves the public interest, convenience, and necessity unless such station: (1) covers issues of importance to the local community in a fair manner, taking into account diverse interests and viewpoints of the local community; (2) holds two public hearings each year in the local community to ascertain the needs and interests of the local communities that they serve; and (3) documents and reports in writing, on a biannual basis to the FCC, the programming that is broadcast to cover the issues of public importance as ascertained through the hearings process, and how such coverage reflects the diverse interests and viewpoints in the local community. Allows any interested person to file a petition with the FCC to deny a license renewal for a broadcast station's failure to follow the above requirements. Reduces from eight to four years the term of a broadcast license. |
SECTION 1. SHORT TITLE. This Act may be cited as the Valle Grande/Valles Caldera Preservation bill. SEC. 2. FINDINGS. The Congress of the United States finds the following: (1) The lands managed by the Baca Land and Cattle Company which comprise most of the Valles Caldera in central New Mexico, represent a unique land mass, with significant scientific, cultural, historic, recreational, ecological, and productive values, including: (A) The Valles Caldera is one of the world's largest resurgent lava domes, testing by the United States Geological Survey of the Valles Caldera indicates significant geothermal activity; (B) The land was originally granted to the heirs of Don Luis Maria Cabeza de Vaca as part of a settlement by the United States of their Spanish land grant claims to the Village of Las Vegas, New Mexico, under the 1848 Treaty of Guadalupe Hidalgo, (Act of June 21, 1860, an Act to Confirm Certain Private Land Claims in the Territory of New Mexico, Section 6). Generations have used this land to raise sheep, cattle and horses, and as a timber supply. Archaeological evidence of this use in the form of old logging camps, and other artifacts is important to a historical knowledge of territorial New Mexico. In addition, these lands have been used since the 1940s for numerous films about the American West, and the various film sets remaining on the property are a significant part of the history of the American film industry; (C) The careful husbandry of the land by the Dunigan family, the current owners, including selective timbering, limited grazing and hunting, and the use of proscribed fire, have preserved a mix of healthy and nearly pristine range and timber land with significant species diversity which could be used as a model for sustainable land use; and (D) The incredible natural beauty and splendor of these lands, and their proximity to large municipal populations could provide numerous recreational opportunities for hiking, fishing, camping, cross- country skiing, and hunting. (2) The current owners have indicated that they wish to sell the land, creating an opportunity to acquire these lands into public ownership and allow for public access and enjoyment of these lands for the first time since 1860. (3) The Baca Land and Cattle Company Lands are bordered by the Sante Fe National Forest and the Bandelier National Monument. They also contain the headwaters for the Jemez and San Antonio rivers. (4) These lands should be acquired expeditiously so that the American people will not lose the opportunity presented by this resource to potential subdivisions. (5) As these lands have different potential uses with different resulting impacts on water and land resources, an appropriate set of authorities is needed to allow the Department of Agriculture and the Department of the Interior to jointly develop a jurisdictional mechanism for best use and preservation of these lands. SEC. 3. ACQUISITION OF LANDS. The Secretary of Agriculture, acting through the Forest Service is hereby authorized to acquire all of the rights, title, and interests in the lands shown and described as Baca Location No. 1, on the plat entitled ``Independent Resurvey of the Baca Location No. 1,'' made by L.A. Osterhoudt, W.V. Hall and Charles W. Devendorf, U.S. Cadastral Engineers, June 30, 1920-August 24, 1921, under special instructions for Group No. 107 dated February 12, 1920, in New Mexico, by purchase through appropriated funds or funds which may be later made available by Congress from the sale of lands or assets administered by the Bureau of Land Management or the General Services Administration, by exchange of lands, or by donation: Provided, That such acquisition be on a willing seller basis, and on terms mutually acceptable to the current owners and the Secretary. SEC. 4. BOUNDARY ADJUSTMENTS: SANTA FE NATIONAL FOREST; BANDELIER NATIONAL MONUMENT. The Secretary of Agriculture acting through the Forest Service, and the Secretary of the Interior acting through the National Park Service (the Secretaries), shall jointly develop a plan to adjust the boundaries between the Santa Fe National Forest and the Bandelier National Monument to provide consistent land management to protect the watershed of the monument. The Secretaries shall submit this plan to Congress within 120 days of the acquisition of the Baca Location No. 1 by the Secretary of Agriculture. | Valle Grande-Valles Caldera Preservation bill - Authorizes the Secretary of Agriculture, acting through the Forest Service, to acquire specified lands in New Mexico owned by the Baca Land and Cattle Company. Requires the Secretary, acting through the Forest Service, and the Secretary of the Interior, acting through the National Park Service, to: (1) jointly develop a plan to adjust the boundaries between the Sante Fe National Forest and the Bandelier National Monument to provide consistent land management to protect the Monument's watershed; and (2) submit such plan to the Congress within 120 days of the land acquisition. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Advance Directives Education Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Improvement of policies related to the use and portability of advance directives. Sec. 4. Increasing awareness of the importance of End-of-Life planning. Sec. 5. GAO study and report on establishment of national advance directive registry. Sec. 6. Advance directives at State department of motor vehicles. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Every year 2,500,000 people die in the United States. Eighty percent of those people die in institutions such as hospitals, nursing homes, and other facilities. Chronic illnesses, such as cancer and heart disease, account for 2 out of every 3 deaths. (2) In January 2004, a study published in the Journal of the American Medical Association concluded that many people dying in institutions have unmet medical, psychological, and spiritual needs. Moreover, family members of decedents who received care at home with hospice services were more likely to report a favorable dying experience. (3) In 1997, the Supreme Court of the United States, in its decisions in Washington v. Glucksberg and Vacco v. Quill, reaffirmed the constitutional right of competent adults to refuse unwanted medical treatment. In those cases, the Court stressed the use of advance directives as a means of safeguarding that right should those adults become incapable of deciding for themselves. (4) A study published in 2002 estimated that the overall prevalence of advance directives is between 15 and 20 percent of the general population, despite the passage of the Patient Self-Determination Act in 1990, which requires that health care providers tell patients about advance directives. (5) Competent adults should complete advance care plans stipulating their health care decisions in the event that they become unable to speak for themselves. Through the execution of advance directives, including living wills and durable powers of attorney for health care according to the laws of the State in which they reside, individuals can protect their right to express their wishes and have them respected. (b) Purposes.--The purposes of this Act are to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes. SEC. 3. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF ADVANCE DIRECTIVES. (a) Medicare.--Section 1866(f) of the Social Security Act (42 U.S.C. 1395cc(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (3), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following new paragraph: ``(5)(A) In addition to the requirements of paragraph (1), a provider of services, Medicare Advantage organization, or prepaid or eligible organization (as the case may be) shall give effect to an advance directive executed outside the State in which such directive is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented to the same extent as such provider or organization would give effect to an advance directive that meets such requirements, except that a provider or organization may decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Nothing in this paragraph shall be construed to authorize the administration of medical treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes.''. (b) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by striking ``in the individual's medical record'' and inserting ``in a prominent part of the individual's current medical record''; and (ii) by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (4), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following paragraph: ``(6)(A) In addition to the requirements of paragraph (1), a provider or organization (as the case may be) shall give effect to an advance directive executed outside the State in which such directive is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented to the same extent as such provider or organization would give effect to an advance directive that meets such requirements, except that a provider or organization may decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Nothing in this paragraph shall be construed to authorize the administration of medical treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes.''. (c) Effective Dates.-- (1) In general.--Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to provider agreements and contracts entered into, renewed, or extended under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and to State plans under title XIX of such Act (42 U.S.C. 1396 et seq.), on or after such date as the Secretary of Health and Human Services specifies, but in no case may such date be later than 1 year after the date of enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (b), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 4. INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING ISSUES ``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION CLEARINGHOUSES. ``The Secretary shall provide for the establishment of a national, toll-free, information clearinghouse as well as clearinghouses that the public may access to find out about State-specific information regarding advance directive and end-of-life decisions.''. SEC. 5. GAO STUDY AND REPORT ON ESTABLISHMENT OF NATIONAL ADVANCE DIRECTIVE REGISTRY. (a) Study.--The Comptroller General of the United States shall conduct a study on the feasibility of a national registry for advance directives, taking into consideration the constraints created by the privacy provisions enacted as a result of the Health Insurance Portability and Accountability Act. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General of the United States determines to be appropriate. SEC. 6. ADVANCE DIRECTIVES AT STATE DEPARTMENT OF MOTOR VEHICLES. Each State shall establish a program of providing information on the advance directives clearinghouse established pursuant to section 399Z-1 of the Public Health Service Act to individuals who are residents of the State at such State's department of motor vehicles. Such program shall be modeled after the program of providing information regarding organ donation established at the State's department of motor vehicles, if such State has such an organ donation program. | Advance Directives Education Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require a service provider, Medicare Advantage organization, or prepaid or eligible organization to: (1) provide each individual receiving medical care through such provider or organization with the opportunity to discuss issues relating to an individual's rights under State law to make decisions concerning medical care and formulate advance directives; and (2) give effect to an advance directive executed outside the State even if such directive does not appear to meet State requirements, unless the provider or organization can reasonably demonstrate that the directive is not an authentic expression of the individual's health care wishes. Makes such advance directive requirements applicable under title XIX (Medicaid) of the Social Security Act. Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide for the establishment of a national, toll-free, information clearinghouse for State-specific information regarding advance directives and end-of-life decisions. Requires the Comptroller General to study and report on the feasibility of a national registry for advanced directives. Requires each State to establish a program that: (1) provides information to residents at the State's department of motor vehicles on the advance directives clearinghouse; and (2) is modeled after the State's organ donation program at the department of motor vehicles. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Montana Mineral Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Ancillary fund.--The term ``Ancillary Fund'' means the Northern Cheyenne Ancillary Fund established by section 5(a)(1). (2) Annual 6 percent amount.--The term ``annual 6 percent amount'' means the amount from the Permanent Fund that becomes available each Permanent Fund fiscal year for expenditure or obligation, as provided in section 5(d). (3) Annual tonnage.--The term ``annual tonnage'' means the total tonnage of merchantable coal mined during a fiscal year from any mine established after the date of enactment this Act in an approved mine plan area that includes land all or a portion of which is located not more than 25 miles from the boundary of the Northern Cheyenne Reservation, as the boundary exists on the date of enactment of this Act. (4) Base sum.--The term ``base sum'' means the amount equal to the annual tonnage multiplied by 50 cents per ton. (5) Cheyenne tracts.--The term ``Cheyenne tracts'' means the tracts of land located in the eastern portion of the State within the boundaries of the Northern Cheyenne Reservation, totaling approximately 5,000 acres, as generally depicted on the map entitled ``Cheyenne Coal Land Exchange'' and dated January 9, 2004, and that have the following legal descriptions: (A) T. 2 S., R. 44 E., sec. 17. (B) T. 2 S., R. 44 E., sec. 19. (C) T. 3 S., R. 44 E., sec. 5. (D) T. 3 S., R. 44 E., sec. 7. (E) T. 3 S., R. 44 E., sec. 9. (F) T. 3 S., R. 44 E., sec. 17. (G) T. 3 S., R. 44 E., sec. 19. (H) T. 3 S., R. 44 E., sec. 21, N\1/2\SW\1/4\, and S\1/2\SE\1/4\. (6) Exchange.--The term ``exchange'' means the exchange of mineral rights described in section 3(a). (7) Federal tracts.--The term ``Federal tracts'' the unleased tracts of land located in the State of Montana, consisting of approximately 5,000 acres, as generally depicted on the map entitled ``Cheyenne Coal Land Exchange'' and dated January 9, 2004, and that have the following legal description: (A) T. 11 N., R. 49 E., sec. 8, S\1/2\. (B) T. 11 N., R. 49 E., sec. 21. (C) T. 11 N., R. 49 E., sec. 27, W\1/2\NW\1/4\. (D) T. 11 N., R. 49 E., sec. 28, NE\1/4\, N\1/ 2\SE\1/4\, and N\1/2\NW\1/4\. (E) T. 9 S., R. 40 E., sec. 3, SW\1/4\SE\1/4\SE\1/ 4\, and SW\1/4\SE\1/4\. (F) T. 9 S., R. 40 E., sec. 4, SW\1/4\NW\1/4\. (G) T. 9 S., R. 40 E., sec. 5, S\1/2\NE\1/4\ and SE\1/4\. (H) T. 9 S., R. 40 E., sec. 8, NW\1/4\NE\1/4\NE\1/ 4\ and NW\1/4\NE\1/4\. (I) T. 9 S., R. 38 E., sec. 24, lot 16 and SE\1/ 4\SE\1/4\. (J) T. 9 S., R. 38 E., sec. 25, lots 9, 12, 13, 16, and E\1/2\E\1/2\. (K) T. 9 S., R. 38 E., sec. 36, E\1/2\SE\1/4\. (L) T. 9 S., R. 39 E., sec. 20, lots 1, 2, 3, and 4, E\1/2\NW\1/4\, E\1/2\NE\1/4\, SW\1/4\NE\1/4\, E\1/ 2\SW\1/4\, and SE\1/4\. (M) T. 9 S., R. 39 E., sec. 21, SW\1/4\SW\1/4\. (N) T. 9 S., R. 39 E., sec. 28, W\1/2\NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and NE\1/4\SE\1/4\. (O) T. 9 S., R. 39 E., sec. 29. (P) T. 9 S., R. 39 E., sec. 32, lots 1, 3, 4, 5, 6, and 7, NE\1/4\NW\1/4\, N\1/2\NE\1/4\, SE\1/4\NE\1/4\, NE\1/4\SW\1/4\, and N\1/2\SE\1/4\. (Q) T. 9 S., R. 39 E., sec. 33, lots 1, 2, 3, and 4, NW\1/4\, S\1/2\NE\1/4\, N\1/2\SW\1/4\, and N\1/ 2\SE\1/4\. (R) T. 9 S., R. 39 E., sec. 34, lots 1, 2, 3, and 4, N\1/2\SW\1/4\, and N\1/2\SE\1/4\. (8) Great northern properties.--The term ``Great Northern Properties'' means Great Northern Properties Limited Partnership, a Delaware limited partnership, and any successor to the ownership interest of Great Northern Properties in the minerals underlying the Cheyenne tracts. (9) Immediately preceding permanent fund years.--The term ``immediately preceding Permanent Fund years'' means the 3 Permanent Fund fiscal years immediately preceding the current Permanent Fund fiscal year, except that-- (A) for the second Permanent Fund fiscal year, the term means the first Permanent Fund fiscal year; and (B) for the third Permanent Fund fiscal year, the term means the first and second Permanent Fund fiscal years. (10) Income.--The term ``income'' means the total net return from the investment of the Permanent Fund or Ancillary Fund, consisting of-- (A) all interest, dividends, realized and unrealized gains and losses and other earnings, plus all income resulting from the investment of the income; less (B) any costs and fees for private investment management, investment consulting, and custodianship and any other reasonably necessary transactional services or matters. (11) Permanent fund.--The term ``Permanent Fund'' means the Northern Cheyenne Permanent Fund established by section 5(a)(2). (12) Permanent fund fiscal year.--The term ``Permanent Fund fiscal year'' means a fiscal year of the Permanent Fund as defined in the Permanent Fund plan. (13) Permanent fund plan.--The term ``Permanent Fund plan'' means the plan established under section 5(g). (14) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (15) Trailing average permanent fund value.--The term ``trailing average Permanent Fund value'' means the average quarterly market value of the Permanent Fund during the immediately preceding Permanent Fund years. (16) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 3. MINERAL RIGHTS EXCHANGE. (a) In General.--Notwithstanding any other provision of Federal law, concurrent with the conveyance from Great Northern Properties to the United States of all of its mineral interests underlying the Cheyenne tract, the Secretary shall convey to Great Northern Properties all mineral interests in the Federal tracts. (b) Trust.--On conveyance of the mineral interests underlying the Cheyenne tracts to the United States, the Secretary shall take the mineral interests into trust for the benefit of the Tribe. SEC. 4. TERMS AND CONDITIONS OF EXCHANGE. (a) Waiver of Legal Claims.--In return for the exchange, the Tribe shall waive any and all claims relating to the failure of the United States to previously acquire in trust for the Tribe as part of the Northern Cheyenne Reservation the private mineral interests underlying the Cheyenne tracts. (b) Condition.--As a condition precedent of the exchange, the Tribe and Great Northern Properties shall jointly notify the Secretary in writing that they have agreed on a formula for the sharing of revenue from coal produced from any portion of the Federal tracts. (c) Completion of Exchange.--Notwithstanding any other provision of law, after satisfaction of the condition precedent specified in subsection (b), the exchange shall be completed in a single transaction not later than 90 days after the date on which the Secretary receives notice under subsection (b). (d) Rescission of Exchange.--If a portion of the completed exchange is invalidated by a court of competent jurisdiction and the judgment of the court is no longer subject to appellate review, the Secretary or Great Northern Properties may rescind the entire exchange. SEC. 5. NORTHERN CHEYENNE PERMANENT FUND AND NORTHERN CHEYENNE ANCILLARY FUND. (a) Establishment.--There are established in the Treasury of the United States-- (1) a fund to be known as the ``Northern Cheyenne Permanent Fund''; and (2) a fund to be known as the ``Northern Cheyenne Ancillary Fund''. (b) Authorization of Appropriations to Funds.--There are authorized to be appropriated-- (1) to the Permanent Fund $10,000,000 for each of fiscal years 2005, 2006, and 2007; and (2) to the Ancillary Fund $10,000,000 for each of fiscal years 2008, 2009, 2010, and 2011. (c) Transfers From Ancillary Fund to Permanent Fund.-- (1) In general.--Not later than 120 days after the end of fiscal year 2008 and each subsequent fiscal year in which amounts in the Ancillary Fund are available for transfer to the Permanent Fund, the Secretary of the Treasury shall transfer from the Ancillary Fund to the Permanent Fund an amount, as determined by the Secretary, equal to-- (A) the base sum; plus or minus (B) any accrued realized and undisbursed income or any accrued realized loss in the Ancillary Fund as of the end of the fiscal year, in an amount not to exceed the base sum. (2) Written statement.--As soon as practicable after a transfer under paragraph (1), the Secretary of the Treasury shall provide to the Tribe-- (A) a written statement describing-- (i) the amount transferred under paragraph (1); and (ii) how the amount was calculated; and (B) copies of any written materials used to determine the amount. (d) Expenditures From Permanent Fund.-- (1) In general.--Beginning with the second Permanent Fund fiscal year and during each subsequent Permanent Fund fiscal year, the Tribe may expend or obligate not more than 6 percent of the trailing average Permanent Fund value (plus, during each Permanent Fund fiscal year subsequent to the second Permanent Fund fiscal year, the amount of any unexpended and unobligated portion of the annual 6 percent amount from any of the immediately preceding Permanent Fund years, not including any income that may accrue on that portion) only for the following purposes: (A) Education. (B) Law enforcement. (C) Any other tribal governmental services or facilities. (D) Economic development. (E) Acquisition of land, water rights, or related property interests. (F) Payment of costs and fees incurred in connection with the investment of the Permanent Fund for private investment management, investment consulting, custodianship, and any other reasonably necessary transactional services or matters. (2) No other expenditures from permanent fund.--No amounts from the Permanent Fund may be expended or obligated-- (A) for the purpose of making per capita payments to members of the Tribe or litigating against any aspect of any proposed or existing off-Reservation coal mining, oil or gas development, or electric power generation project; or (B) for any other purpose other than a purpose authorized in paragraph (1). (e) Compliance With Permanent Fund Plan.--The Tribe shall invest, manage, disburse, and expend the amounts in the Permanent Fund for the purposes described in subsection (d)(1) in accordance with the Permanent Fund plan. (f) Investment Through Secretary.-- (1) In general.--As requested by the Tribe, the Secretary shall invest any portions of the Permanent Fund and the Ancillary Fund in interest-bearing deposits and securities in accordance with-- (A) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161); and (B) the Act of June 24, 1938 (25 U.S.C. 162a). (2) Income.-- (A) Permanent fund.--All income earned on investments in the Permanent Fund shall be deposited in the Permanent Fund. (B) Ancillary fund.--All income earned on investments in the Ancillary Fund shall be deposited in the Ancillary Fund. (g) Development of Permanent Fund Plan.-- (1) In general.--The Tribe shall-- (A) develop a Permanent Fund plan, in consultation with the Secretary, for the investment, management, administration, and expenditure of the amounts in the Permanent Fund; and (B) submit the plan to the Secretary. (2) Contents.--The Permanent Fund plan-- (A) shall set forth the manner in which amounts in the Permanent Fund shall be managed, administered, and expended for the purposes described in subsection (d)(1); and (B) may provide for investment management of all or any portion of the Permanent Fund by qualified private professional investment managers. (3) Revision.--The Permanent Fund plan may be revised and updated by the Tribe, in consultation with the Secretary. (h) Federal Disbursements.-- (1) In general.--Notwithstanding any other provision of Federal law, while the Permanent Fund or any portion of the Permanent Fund is invested by the Secretary under subsection (f), on request of the Tribe, the Secretary of the Treasury and the Secretary shall make available to the Tribe, amounts in the Permanent Fund to be used-- (A) for any of the purposes set forth in subsection (d)(1); or (B) as may be provided in the Permanent Fund plan under subsection (g)(2)(B), to enable submission of all or any portion of the Permanent Fund to private professional investment management. (2) Exception.--No amounts shall be made available to the Tribe under paragraph (1) until the Tribe adopts the Permanent Fund plan required by subsection (g). (i) Enforcement.--The Secretary may take any judicial or administrative action to enforce the provisions of the Permanent Fund plan that is necessary to ensure that any amount withdrawn from the Permanent Fund is used in accordance with this Act. (j) Liability.--If the Tribe exercises the right to withdraw an amount from the Permanent Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the amount withdrawn. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to the amounts authorized to be appropriated to the Permanent Fund and Ancillary Fund under section 5(b), there are authorized to be appropriated such sums as are necessary to carry out this Act. | Montana Mineral Exchange Act - Sets forth a mineral rights exchange under which the Secretary of the Interior is directed to convey to Great Northern Properties all mineral interests in certain Federal tracts concurrent with conveyance from Great Northern Properties to the United States all of its mineral interests underlying the Cheyenne tract. Requires the Secretary, following such conveyance, to take [sic] such mineral interests into trust for the benefit of the Northern Cheyenne Tribe (Tribe). Conditions the exchange upon: (1) waiver by the Tribe of all claims relating to the failure of the United States to previously acquire in trust for the Tribe as part of the Northern Cheyenne Reservation the private mineral interests underlying the Cheyenne tracts; and (2) joint written notification to the Secretary by the Tribe and Great Northern Properties that they have agreed upon a formula for sharing revenue from coal produced from any portion of the Federal tracts. Establishes in the Treasury: (1) the Northern Cheyenne Permanent Fund; and (2) the Northern Cheyenne Ancillary Fund. Prescribes procedural guidelines for: (1) transfers from the Ancillary Fund to the Permanent Fund; and (2) expenditures from the Permanent Fund. Requires the Tribe to develop a Permanent Fund plan, in consultation with the Secretary, for the investment, management, administration, and expenditure of the amounts in the Permanent Fund. Prescribes guidelines for Federal disbursements to the Tribe. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Americans' Vulnerability to Ecstasy Act of 2002'' or the ``RAVE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year tens of thousands of young people are initiated into the drug culture at ``rave'' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music). (2) Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present. (3) The trafficking and use of ``club drugs'', including 3, 4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture. (4) Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe. (5) Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth. (6) Because rave promoters know that Ecstasy causes the body temperature in a user to rise and as a result causes the user to become very thirsty, many rave promoters facilitate and profit from flagrant drug use at rave parties or events by selling over-priced bottles of water and charging entrance fees to ``chill-rooms'' where users can cool down. (7) To enhance the effects of the drugs that patrons have ingested, rave promoters sell-- (A) neon glow sticks; (B) massage oils; (C) menthol nasal inhalers; and (D) pacifiers that are used to combat the involuntary teeth clenching associated with Ecstasy. (8) Ecstasy is the most popular of the club drugs associated with raves. Thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. The Drug Abuse Warning Network reports that Ecstasy mentions in emergency visits grew 1,040 percent between 1994 and 1999. (9) Ecstasy damages neurons in the brain which contain serotonin, the chemical responsible for mood, sleeping and eating habits, thinking processes, aggressive behavior, sexual function, and sensitivity to pain. According to the National Institute on Drug Abuse, this can lead to long-term brain damage that is still evident 6 to 7 years after Ecstasy use. (10) An Ecstasy overdose is characterized by an increased heart rate, hypertension, renal failure, visual hallucinations, and overheating of the body (some Ecstasy deaths have occurred after the core body temperature of the user goes as high as 110 degrees, causing all major organ systems to shutdown and muscles to breakdown), and may cause heart attacks, strokes, and seizures. SEC. 3. OFFENSES. (a) In General.--Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended-- (1) in paragraph (1), by striking ``open or maintain any place'' and inserting ``open, lease, rent, use, or maintain any place, whether permanently or temporarily,''; and (2) by striking paragraph (2) and inserting the following: ``(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.''. (b) Technical Amendment.--The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows: ``SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.''. (c) Conforming Amendment.--The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following: ``Sec. 416. Maintaining drug-involved premises.''. SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG- INVOLVED PREMISES. Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following: ``(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of-- ``(A) $250,000; or ``(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. ``(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection. ``(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).''. SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES. Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking ``this section or section 402'' and inserting ``this section, section 402, or 416''. SEC. 6. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB); (2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and (3) take any other action the Commission considers necessary to carry out this section. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR. There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION. There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves. | Reducing Americans' Vulnerability to Ecstasy Act of 2002 or RAVE Act - Amends the Controlled Substances Act to prohibit knowingly leasing, renting, or using, or intentionally profiting from, any place (as well as opening, maintaining, leasing, or renting any place, as provided under current law), whether permanently or temporarily, for the purpose of manufacturing, storing, distributing, or using a controlled substance. Subjects violators to: (1) a civil penalty of the greater of $250,000 or twice the gross receipts derived from each violation; and (2) declaratory and injunctive remedies.Authorizes the court to apportion the penalty between multiple violators, but makes each violator jointly and severally liable.Directs the U.S. Sentencing Commission to review and consider amending the Federal sentencing guidelines for offenses involving gamma hydroxybutyric acid to provide for increased penalties.Authorizes appropriations to the Drug Enforcement Administration for: (1) a Demand Reduction Coordinator in each State; and (2) educating youth, parents, and other interested adults regarding drugs associated with raves. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Financial Stabilization Act of 2008''. SEC. 2. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND CORPORATIONS. (a) Zero Percent Capital Gains Rate for Individuals.-- (1) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) and subparagraphs (C) and (D), respectively, and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable income);''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) of such Code is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (C), and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable excess), plus''. (3) Repeal of sunset of reduction in capital gains rates for individuals.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act. (b) Zero Percent Capital Gains Rate for Corporations.-- (1) In general.--Section 1201 of the Internal Revenue Code of 1986 is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following new subsections: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, 821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, ``(2) 0 percent of the adjusted net capital gain (or, if less, taxable income), ``(3) 25 percent of taxable income in excess of the sum of the amounts on which tax is determined under the preceding paragraphs of this subsection. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) In general.--The term `adjusted net capital gain' shall have the meaning given such term in section 1(h). ``(2) Dividends taxed at net capital gain.--Except as otherwise provided in this section, the term `net capital gain' has the meaning given such term in section 1(h)(11).''. (2) Alternative minimum tax.--Section 55(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Maximum rate of tax on net capital gain of corporations.--The amount determined under paragraph (1)(B)(i) shall not exceed the sum of-- ``(A) the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1201.''. (3) Technical amendments.-- (A) Section 1445(e)(1) of such Code is amended by striking ``35 percent (or, to the extent provided in regulations, 15 percent)'' and inserting ``0 percent''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent'' and inserting ``0 percent''. (C) Section 7518(g)(6)(A) of such Code is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (D) Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (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 the date of the enactment of this Act. (2) Withholding.--The amendments made by subparagraphs (A) and (B) of subsection (b)(3) shall take apply to dispositions and distributions after the date of the enactment of this Act. SEC. 3. REDUCTION IN TOP CORPORATE MARGINAL RATE. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended-- (1) by adding ``and'' at the end of subparagraph (A), (2) by striking `` but does not exceed $75,000,'' in subparagraph (B) and inserting a period, (3) by striking subparagraphs (C) and (D), and (4) by striking ``$11,750'' and all that follows and inserting ``$5,000.''. (b) Conforming Amendments.-- (1) Section 11(b)(2) of such Code is amended by striking ``35 percent'' and inserting ``28 percent''. (2) Section 833(b)(1)(A) of such Code is amended by striking ``25 percent'' and inserting ``20 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DISTRESSED ASSETS LOAN FUND. (a) Establishment.--There is established in the Department of the Treasury a Distressed Assets Loan Fund (hereafter in this section referred to as the ``Fund'') under the control of the Secretary of the Treasury for the purpose of making loans available to depository institutions with distressed assets at low rates of interest under terms prescribed by the Secretary and in a manner provided in the regulations prescribed under subsection (b). (b) Regulations.--The Secretary shall prescribe regulations to define terms used in this section and establish an administration for the Fund. SEC. 5. INCREASE IN MAXIMUM AMOUNT OF DEPOSIT INSURANCE AND SHARE INSURANCE. (a) Standard Maximum Deposit Insurance Amount Increased.--Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) in subparagraph (E), by striking ``$100,000'' and all that follows through the end of the subparagraph and inserting ``$250,000.''; and (2) in subparagraph (F)(i)(I), by striking ``$100,000'' and inserting ``$250,000''. (b) Standard Maximum Share Insurance Amount Increased.--Section 207(k)(5) of the Federal Credit Union Act (12 U.S.C. 1787(k)(5)) is amended by striking ``$100,000'' and inserting ``$250,000''. SEC. 6. GAIN OR LOSS FROM SALE OR EXCHANGE OF CERTAIN PREFERRED STOCK. (a) In General.--For purposes of the Internal Revenue Code of 1986, gain or loss from the sale or exchange of any applicable preferred stock by any applicable financial institution shall be treated as ordinary income or loss. (b) Applicable Preferred Stock.--For purposes of this section, the term ``applicable preferred stock'' means any stock-- (1) which is preferred stock in-- (A) the Federal National Mortgage Association, established pursuant to the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.), or (B) the Federal Home Loan Mortgage Corporation, established pursuant to the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), and (2) which-- (A) was held by the applicable financial institution on September 6, 2008, or (B) was sold or exchanged by the applicable financial institution on or after January 1, 2008, and before September 7, 2008. (c) Applicable Financial Institution.--For purposes of this section: (1) In general.--Except as provided in paragraph (2), the term ``applicable financial institution'' means-- (A) a financial institution referred to in section 582(c)(2) of the Internal Revenue Code of 1986, or (B) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1))). (2) Special rules for certain sales.--In the case of-- (A) a sale or exchange described in subsection (b)(2)(B), an entity shall be treated as an applicable financial institution only if it was an entity described in subparagraph (A) or (B) of paragraph (1) at the time of the sale or exchange, and (B) a sale or exchange after September 6, 2008, of preferred stock described in subsection (b)(2)(A), an entity shall be treated as an applicable financial institution only if it was an entity described in subparagraph (A) or (B) of paragraph (1) at all times during the period beginning on September 6, 2008, and ending on the date of the sale or exchange of the preferred stock. (d) Special Rule for Certain Property Not Held on September 6, 2008.--The Secretary of the Treasury or the Secretary's delegate may extend the application of this section to all or a portion of the gain or loss from a sale or exchange in any case where-- (1) an applicable financial institution sells or exchanges applicable preferred stock after September 6, 2008, which the applicable financial institution did not hold on such date, but the basis of which in the hands of the applicable financial institution at the time of the sale or exchange is the same as the basis in the hands of the person which held such stock on such date, or (2) the applicable financial institution is a partner in a partnership which-- (A) held such stock on September 6, 2008, and later sold or exchanged such stock, or (B) sold or exchanged such stock during the period described in subsection (b)(2)(B). (e) Regulatory Authority.--The Secretary of the Treasury or the Secretary's delegate may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this section. (f) Effective Date.--This section shall apply to sales or exchanges occurring after December 31, 2007, in taxable years ending after such date. | Economic Growth and Financial Stabilization Act - Amends the Internal Revenue Code to prescribe a 0% capital gains rate for individuals. Revises the formula for: (1) the alternative tax for corporations to prescribe a 0% capital gains rate; and (2) the ordinary income tax for corporations by eliminating the two tax rate brackets above 25% and reducing the maximum amount of tax imposed. Establishes in the Department of the Treasury a Distressed Assets Loan Fund under the control of the Secretary of the Treasury to make loans available at low rates of interest to depository institutions with distressed assets. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to increase from $100,000 to $250,000 the maximum amount of deposit insurance and share insurance, respectively. Treats gain or loss from the sale or exchange of any applicable preferred stock by any applicable financial institution as ordinary income or loss. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Proliferation Prevention Act''. SEC. 2. PROHIBITION ON NUCLEAR TRADE WITH IRAN. (a) In General.--Chapter 11 of the Atomic Energy Act of 1954 is amended by adding at the end the following new section: ``SEC. 135. PROHIBITION ON NUCLEAR TRADE WITH IRAN'S NUCLEAR SUPPLIERS. ``(a) Prohibitions.--Notwithstanding any other provision of this Act, any international arrangement or any agreement for cooperation made pursuant to this Act, or any other provision of law, no license, approval, or authorization for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of any-- ``(1) special nuclear material, ``(2) source material, ``(3) byproduct material, ``(4) production facility, ``(5) utilization facility, ``(6) items or components which are designed or intended to be used in a production or utilization facility, or with respect to which there is a risk of diversion for use in such a facility, ``(7) items or components which are designed or intended for use in the construction of a production or utilization facility, ``(8) items and assistance requiring any authorization, licensing, or other approval pursuant to this Act, or ``(9) any nuclear-related items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations (or any successor to such list), may be made to any country that the President determines has, since January 1, 2004, provided to the Islamic Republic of Iran any special nuclear material, source material, byproduct material, production facility, utilization facility, or items, components, or technologies which are or can be used in a production or utilization facility or in (or to develop, test, or manufacture) a nuclear explosive device. ``(b) Exceptions.--Subsection (a) shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Nuclear Regulatory Commission, except to the extent that such technologies, equipment, seals, cameras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. ``(c) Waivers.--The President may waive the application of subsection (a) to a country if the President determines and certifies to the Congress that the waiver will not result in any increased risk that the Islamic Republic of Iran will acquire nuclear weapons, nuclear reactors, or any materials or components of nuclear weapons and that-- ``(1) the government of such country has not, within the preceding 12-month period, provided any material support to the Islamic Republic of Iran in acquiring nuclear materials, nuclear reactors, or any technology or component which is or could be used to manufacture a nuclear explosive device; ``(2) in the judgment of the President, the government of such country has provided adequate, verifiable assurances that it will cease all further exports or transfers of nuclear- weapons-usable technology or material, and has put in place and enforced effective export controls on transfers or exports of such technology or material by nongovernmental entities; ``(3) the waiver is in the vital national security interest of the United States; or ``(4) the waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety. ``(d) Cooperative Threat Reduction Programs.--This section shall not apply to any license, approval, or authorization which the President determines is necessary to implement Cooperative Threat Reduction Programs. For purposes of this subsection, Cooperative Threat Reduction Programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). ``(e) Application.--This section shall apply with respect to any license, approval, or authorization described in subsection (a) which is made, or required to be made, on or after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 134 the following new item: ``Sec. 135. Prohibition on nuclear trade with Iran's nuclear suppliers.''. SEC. 3. REPORT TO CONGRESS. Not later than 6 months after the date of the enactment of this Act, the President shall submit a report to the Congress containing the following information: (1) A complete list of missile and nuclear materials and technology provided to Iran by any entity in the People's Republic of China, including the Chinese Government, or by the government of, or any other entity in, any other country. (2) An estimate and assessment of the current status of efforts by Iran to acquire nuclear explosives and their delivery vehicles. (3) An assessment of the extent to which the agreement recently reached between the Islamic Republic of Iran and the governments of Great Britain, France, and Germany could effectively limit further efforts by Iran to acquire nuclear explosives. (4) An evaluation of the basis for and credibility of claims recently set forth by an Iranian resistance group that Iran may be enriching uranium at a secret facility unknown to United Nations weapons inspectors. (5) Whether the United States has provided United Nations and International Atomic Energy Agency (IAEA) weapons inspectors with full access to the intelligence that forms the basis for any conclusion that Iran is actively pursuing a nuclear weapons program. (6) The steps the United States is taking to ensure that the United Nations and IAEA inspectors receive full access to all suspected Iranian nuclear sites and that the United States works together with the international community to ensure that Iran provides such inspectors with full cooperation in their efforts to verify that Iran has complied with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and the agreement referred to in paragraph (3). | Iran Nuclear Proliferation Prevention Act - Amends the Atomic Energy Act of 1954 to prohibit granting any license, approval, or authorization for the export, re-export, transfer, or retransfer of specified components and facilities to a country that the President determines has provided to the Islamic Republic of Iran special nuclear material, source material, byproduct material, production facility, utilization facility, or items, components, or technologies which can be used in a production or utilization facility or in a nuclear explosive device. Cites exceptions and defines circumstances under which the President is authorized to waive such prohibition. Declares the prohibition inapplicable to any license, approval, or authorization which the President determines is necessary to implement the Cooperative Threat Reduction Programs. Directs the President to report to Congress on efforts by Iran to acquire nuclear explosives and delivery vehicles, including actions by foreign countries or entities to provide Iran with nuclear materials, technology, and missiles. |
SECTION 1. TEMPORARY EXCEPTION TO SITE NEUTRAL PAYMENT RATE FOR CERTAIN DISCHARGES INVOLVING SEVERE WOUNDS. (a) In General.--Section 1886(m)(6) of the Social Security Act (42 U.S.C. 1395ww(m)(6)) is amended-- (1) in subparagraph (A)(i) by striking ``subparagraph (C)'' and inserting ``subparagraphs (C), (E), and (F)''; and (2) by adding at the end the following new subparagraphs: ``(E) Temporary exception for certain severe wound discharges from subsection (d) hospitals.-- ``(i) In general.--For a discharge occurring in a cost reporting period beginning prior to October 1, 2017, subparagraph (A)(i) shall not apply (and payment shall be made to a long-term care hospital without regard to this paragraph) if-- ``(I) the individual discharged has a severe wound during the stay in the long-term care hospital ending with such discharge; ``(II) the individual discharged meets the severe wound criterion; and ``(III) the stay in the long-term care hospital ending with such discharge was immediately preceded by a discharge from a stay in a subsection (d) hospital. ``(ii) Severe wound defined.--In this paragraph, the term `severe wound' means a stage 3 wound, stage 4 wound, unstageable wound, non-healing surgical wound, infected wound, fistula, osteomyelitis, or wound with morbid obesity, as identified in the claim from the long-term care hospital. ``(iii) Severe wound criterion.--In this subparagraph, the term `severe wound criterion' means that the individual discharged-- ``(I) received an excisional debridement or total parenteral nutrition during the stay in the long- term care hospital referred to in clause (i)(III); or ``(II) has at least one major system organ failure (lung, liver, kidney, or heart) as identified in the claim from the immediately preceding stay in a subsection (d) hospital referred to in clause (i)(III). ``(F) Temporary exception for certain severe wound discharges from certain long-term care hospitals.--For a discharge occurring in a cost reporting period beginning prior to October 1, 2017, subparagraph (A)(i) shall not apply (and payment shall be made to a long- term care hospital without regard to this paragraph) if such discharge-- ``(i) is from a long-term care hospital identified by the amendment made by section 4417(a) of the Balanced Budget Act of 1997 (42 U.S.C. 1395ww note, Public Law 105-33); and ``(ii) the individual discharged has a severe wound (as defined in subparagraph (E)(ii)).''. (b) Study and Report to Congress.-- (1) Study.--The Secretary of Health and Human Services shall, in consultation with relevant stakeholders, conduct a study on the treatment needs of individuals entitled to benefits under part A of such title, or enrolled under part B of such title, requiring specialized wound care, and the cost, for such individuals and the Medicare program, of treating severe wounds in rural and urban areas. Such study shall include an assessment of-- (A) access of such individuals to appropriate levels of care for such cases; (B) the potential impact that section 1886(m)(6)(A)(i) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(A)(i)) will have on the access, quality, and cost of care for such individuals; and (C) how to appropriately pay for such care under the Medicare program under such title. (2) Report.--Not later than October 1, 2016, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. | This bill amends title XVIII (Medicare) of the Social Security Act to prohibit payment at the applicable site neutral payment rate for discharges in a cost reporting period beginning before October 1, 2017, from subsection (d) hospitals and certain long-term care hospitals that involve certain severe wounds. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) The Secretary of Health and Human Services shall study the treatment needs of individuals entitled to benefits under Medicare part A (Hospital Insurance), or enrolled under Medicare part B (Supplementary Medical Insurance), requiring specialized wound care, and the cost, for such individual, and the Medicare program of treating severe wounds in rural and urban areas. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Market Protection Act of 2014''. SEC. 2. MORATORIUM. (a) Neither the Federal Government nor any State or political subdivision thereof shall impose any statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession or transfer of any algorithmic protocols governing the operation of any virtual, non-physical, algorithm or computer source code-based medium for exchange (collectively, ``cryptocurrency'' as defined herein) for a period beginning June 1, 2015, and extending five years after the enactment of this Act (such period, the ``moratorium period''), except for statutes already enacted and effective prior to the date of enactment of this Act, and further suspending the enactment and effectiveness of any and all pending statutes and regulations until the end of the aforementioned moratorium period, except as otherwise provided in this section. (b) During the moratorium period, the Federal Government and all State governments and political subdivisions thereof shall not impose any further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi- signature transactions, and oracles, so as to allow for the growth and facilitation of these important facets of cryptological technology. (c) Federal and State Agencies shall consider cryptocurrencies ``exempt commodities'' akin to gold and silver, rather than ``excluded commodities'' such as national fiat currencies. The Bitcoin cryptological protocol is not strictly a currency, but is a broad multifaceted protocol which allows for myriad novel applications. (d) Federal and State Agencies shall have no jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. The financial regulations authorizing these agencies are designed to protect users of financial instruments from fraud, manipulation, and other types of misconduct that result in real economic losses; not virtual losses solely within a cryptographic network. (e) Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil or taxation statutes and regulations. SEC. 3. DEFINITIONS. (a) ``Algorithm'' is defined as a procedure for solving a mathematical problem in a finite number of steps performed by a computer. (b) ``Algorithmic chain'' is a series or chain of bits of data comprising a unique string of data which is the basis for the cryptographic proof of a valid transfer or transaction of cryptocurrencies. The algorithmic chain for a cryptocurrency is commonly referred to as a ``blockchain''. (c) The ``cryptographic proof'' for each transaction or transfer is based on one unique algorithmic chain, distinct from all previously existing algorithms and neither replicable nor reusable yet sharing with all other units at least one common source code element in the algorithmic chain (or ``blockchain'') in the transferor's existing Bitcoin or bitcoins. (d) ``Protocol'' refers to procedures or guidelines governing the creation, development and operation of a cryptocurrency. (e) ``Service'' is defined as the Internal Revenue Service. (f) The phrase ``using the Internet or other electronic, non- physical medium'' means by placement of material in a computer server- based file archive so that it is publicly accessible on, through, or over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (g) ``Cryptocurrency'' is a popular term encompassing code-based protocols supporting an electronic, non-physical media for the exchange of value, and for the sake of both clarity and the avoidance of confusion in the mind of the public, based on the prior use of this term by the Internal Revenue Service in its initial guidance (see Notice 2014-21, released March 26, 2014) this term is used herein. However, it is believed ``cryptocurrency'' encompasses the same protocols as those covered by terms such as ``digital currency'', ``virtual currency'' or ``electronic currency''. (h) ``Agencies'' is defined as the regulatory bodies of the Federal Government and the State governments or political subdivision thereof, including but not limited to the Commodity and Futures Trading Committee (``CFTC''), the Securities and Exchange Commission (``SEC''), the Board of Governors of the Federal Reserve, the Financial Crimes Enforcement Network (``FinCEN''), and the New York State Department of Financial Services (``NYSDFS''). (i) ``Smart Contracts'' are cryptographically encoded agreements, often utilizing multi-signature technology, which allow for automatic or multi-party execution and public recording of transactions or property transfers when certain predetermined parameters are met. (j) ``Multi-Signature Transactions'' are cryptographic contracts encoded in the blockchain, often involving third-party arbitrators or oracles, which are finalized when a pre-set number of involved parties sign off. In a three-party multi-signature transaction involving an arbitrator, the transaction may be finalized only when two (2) out of the three (3) parties--a buyer, a seller, and/or the arbitrator--sign off on the transaction. (k) ``Cryptographic Escrow Services'' are services that allow for fund transfers subject to the authorization of an arbitrator or other intermediary. These transactions can utilize multi-signature technology, allowing for the possibility of arbitration without requiring any actual transfer of funds through the intermediary. (l) ``Oracles'' are automated programs or algorithms acting as signatories to multi-signature transactions. Utilizing databases and information amalgamators, an oracle automatically executes its signature when predetermined threshold is met. (m) ``Cryptocurrency Economy Transactions'' or ``Bitcoin Economy Transactions'' are transactions involving financial instruments denominated in Bitcoin or another cryptocurrency underlying a transaction which is also denominated in Bitcoin or another cryptocurrency. A Bitcoin-denominated credit default swap that references a Bitcoin-denominated loan would be a Bitcoin Economy Transaction. SEC. 4. DECLARATION OF MORATORIUM. (a) In General.--It is the public policy of the United States that no new statutes, regulations or advisory opinions be passed, implemented, enforced or issued governing the creation, use, possession or taxation of cryptocurrencies, the protocols governing each and the data, codes, algorithms or other calculations comprising each, until the expiration of the moratorium as provided in this Act. (b) Public Interest.--It is further the public policy of the United States that the development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth. Given the blockchain's capacity to serve as a public ledger, software developers are creating mechanisms for ``smart'' technologies that will eliminate the need for many forms of costly intermediation ranging from third- party arbitration in legal disputes to key-exchanges in car and hotel rentals. The capacity for publicly recorded multi-signature transactions will allow for the seamless property transfers that are certifiable, public and secure without the use of an intermediary. These and other uses increase market efficiency and facilitate economic activity and growth. Moreover, these advances promote the autonomy and liberty of individuals and small businesses at the expense of needless bureaucracy. SEC. 5. DECLARATION OF NEUTRAL TAX TREATMENT. (a) In General.--It is the public policy of the United States that the production, possession or use of cryptocurrency, whether in trade, commerce or personal non-commercial transfers, should not be disfavored or discouraged by the Federal tax code or other Federal or State statute or regulation. (b) Tax Treatment.--It is the public policy of the United States that the current guidance just promulgated and released by the Service in its Notice 2014-21 is advisory, subject to public comment and not in final form pending the expiration of the comment period. As such, Congress believes that the current guidance is less than optimal for the American people and economy, and directs the Service to issue or revise interim regulations consistent with the following. (c) Treatment as Currency.--It is the public policy of the United States that virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of any cryptocurrency. Tax treatment of cryptocurrency as property does not account for the substantial illiquidity and highly limited acceptance and use of cryptocurrency, and substantially and unfairly discourages taxpayers engaging in a trade or business from using cryptocurrency in commerce. This circumstance is likely to discourage economic activity and stifle innovation and growth. At present, a taxpayer accepting cryptocurrency for goods or services will be taxed on the fair market value of the cryptocurrency despite the fact that exchange rates (from cryptocurrency to conventional currency) are both highly volatile and published or available only on a small number of proto-exchanges in the early stages of development, acceptance and awareness by cryptocurrency users. As a result, current tax treatment will measure income on the basis of an illiquid and likely inaccurate fair market value that exceeds the taxpayer's true fair market value and hence income, resulting in the risk of a consistent overtaxation or overpayment that will act as a strong deterrent to or penalty for accepting cryptocurrency in payment. Such tax treatment is inconsistent with the tax treatment of secured notes for payment in trade or commerce, which recognizes a discount from the face value of the note due to the illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.) (d) Revenue in Trade or Business; Taxation Upon Monetizing Event.-- It is the public policy of the United States that taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion. (Note: This treatment seeks to achieve the most accurate and fair measure of actual income received, as distinguished from theoretical income in the form of cryptocurrency which, until its conversion to dollars, remains under substantial risk of diminution from illiquidity or other conversion risks or inefficiencies. This treatment is consistent with tax treatment of statutory stock options where the taxable event is not the receipt or exercise of the option, but the sale of the underlying stock for proceeds in cash. The goal here is to have income taxed when the income is actual instead of theoretical and subject to substantial if not total risk of loss through liquidity problems, exchange problems or other barriers to monetization.) Accordingly, as it is the further public policy of the United States that income on cryptocurrency received in trade or business should be defined as the net proceeds from conversion of the received cryptocurrency into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. (e) Revenue From Mining or Creation of Cryptocurrency.--It is the public policy of the United States that the Service's guidance that taxpayers should have the fair market value of the cryptocurrency they successfully ``mine'' or produce included in gross income is inequitable, overstates actual income by overstating fair market value by not accounting for the liquidity risk or the risk that substantial effort may yield no production, and strongly and unfairly penalizes or discourages such income producing efforts and deters economic growth, activity and innovation. Accordingly, as it is the further public policy of the United States that mined produced cryptocurrency should be taxed as income only when actual a transfer and conversion of proceeds into dollars realize income, the Service is hereby directed to revise or issue interim regulations consistent herewith. SEC. 6. SEVERABILITY. If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected. | Online Market Protection Act of 2014 - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Prohibits all such governmental entities, during the moratorium period, from imposing further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi-signature transactions, and oracles in order to allow for the growth and facilitation of these facets of cryptological technology. Requires federal and state agencies to consider cryptocurrencies "exempt commodities" akin to gold and silver, rather than "excluded commodities" such as national fiat currencies. Declares that the Bitcoin cryptological protocol is not strictly a currency, but rather a broad multifaceted protocol which allows for myriad novel applications. Denies federal and state agencies jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. States it is the public policy of the United States that: until the expiration of the five-year moratorium no new statutes, regulations, or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations; development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth; production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation; and the current guidance released by the Internal Revenue Service (IRS) in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period, and is less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with U.S. public policy that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Health Care Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Americans are expected to spend $1,900,000,000,000 on health care in 2005, up from $1,400,000,000,000 in 2001. (2) While 174,000,000 Americans were covered by employer- sponsored health insurance in 2004, rising health care costs to both employers and employees jeopardize the ability of employers and employees to maintain needed coverage. (3) One in every 6 people in the United States, or approximately 46,000,000 people lacked health insurance in 2004, and the number of uninsured individuals is expected to grow. (4) The medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) provided health insurance to 41,700,000 elderly and disabled Americans in 2004, while the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) provided health care for 55,000,000 low- income children and their parents, pregnant women, and low- income elderly individuals in 2004. Federal and State government expenditures for both programs were approximately $606,000,000,000 in 2004. SEC. 3. PURPOSE. The purpose of this Act is to establish a National Commission on Health Care to-- (1) examine and report on-- (A) the factors leading to the rising costs of health care for individuals and businesses participating in employer-based health insurance and the rising health care expenditures for public health care programs; (B) the barriers that prevent individuals from securing adequate health care coverage; and (C) the issues faced by people covered by public health care programs; (2) ascertain, evaluate, and report on the evidence developed by all relevant Federal, State, and local governmental agencies regarding the facts and circumstances surrounding rising health care costs and the barriers to adequate insurance coverage; (3) build upon the investigations of past and current entities by reviewing the findings, conclusions, and recommendations of-- (A) executive branch, congressional, or independent commission investigations into the issues of health care services or health care costs; and (B) State and local entities that have developed innovative solutions to deal with the health care needs in their respective communities; and (4) investigate and report to the President and the Congress on its findings, conclusions, and recommendations for policy solutions to the health care problems, including current private and public services and the lack of health care insurance for nearly 46,000,0000 Americans. SEC. 4. ESTABLISHMENT. There is established in the legislative branch the National Commission on Health Care (referred to in this Act as the ``Commission''). SEC. 5. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the Senate of the Democratic Party, in consultation with the leader of the House of Representatives of the Democratic Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; (4) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (5) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions or memberships as governmental service, health care services, health care administration, business, public administration, and research institutions or programs with health care emphasis. (4) Deadline for appointment.--All members of the Commission shall be appointed not later than October 15, 2005, or 60 days after the date of enactment of this Act, whichever is later. (5) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable after all members of the Commission are appointed. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. SEC. 6. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are to-- (1) conduct a study that-- (A) investigates relevant facts and experiences relating to the problems within the sphere of health care, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and (B) investigates relevant facts and circumstances relating to-- (i) the rising costs of health care; (ii) the impact of the rising costs of health care on American businesses; (iii) the provision of health care by State and local health care agencies; (iv) the effects of increases in insurance premiums on health care coverage for businesses and individuals; (v) the private health insurance industry; (vi) the public health programs; (vii) innovations and reforms necessary to increase the provision of affordable, quality health care to all Americans; (viii) the role of congressional oversight and resource allocation; and (ix) other areas of the public and private sectors determined relevant by the Commission for its inquiry; (2) identify, review, and evaluate the lessons learned from past legislative structuring of health care, coordination, management policies, and procedures of the Federal Government, and, when appropriate, State and local governments and nongovernmental entities, relative to administering, representing and implementing and receiving health care; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines appropriate for the purposes of carrying out this Act. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided for in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairperson, the chairperson of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairperson of the Commission, in consultation with vice chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60 day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $6,000,000. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission. | National Commission on Health Care Act - Establishes in the legislative branch the National Commission on Health Care to conduct a study that investigates: (1) problems within the sphere of health care; (2) the rising costs of health care; (3) the impact of such rising costs on American businesses; (4) the provision of health care by state and local health care agencies; (5) the effects of increases in insurance premiums on health care coverage for businesses; (6) the private health insurance industry; (7) public health programs; (8) innovations and reforms necessary to increase the provision of affordable, quality health care to all Americans; (9) the role of congressional oversight and resource allocation; and (10) other relevant areas of the public and private sectors. Directs the Commission to identify, review, evaluate, and report on the lessons learned from past legislative structuring of health care, coordination, management policies, and procedures of the federal government and, when appropriate, state and local governments and nongovernmental entities relative to administering, representing, implementing, and receiving health care . |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for America's Children Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Over 10,000,000 children in the United States, 1 in 7, lack health insurance coverage. (2) Nearly half of those children (4,700,000) are eligible for health benefits coverage through the medicaid program but are not enrolled in that program. (3) Children without health insurance coverage are 4 times more likely to go without needed medical or surgical care. (4) One out of 5 children who are uninsured for a year or longer are missing all of their current immunizations. (5) Children without health insurance are less likely to have a family doctor, less likely to receive timely preventive care, and less likely to receive treatment, even for serious illnesses. (6) Uninsured children are more likely to need emergency room care at twice the cost of office-based care. (7) A recent report by the Agency for Health Care Policy and Research (AHCPR) stressed the need for States to engage in outreach activities to increase the enrollment of medicaid- eligible children. (8) Outreach activities like shortened and simplified applications, presumptive and continuous eligibility, and outstationing of eligibility workers in schools and day care centers have been found to be effective in getting medicaid- eligible children enrolled in the medicaid program. SEC. 3. MEDICAID CHILDREN'S ENROLLMENT PERFORMANCE BONUS. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following: ``(x)(1) In General.--Beginning with fiscal year 1999 and each fiscal year thereafter, in addition to any other payment under this title, the Secretary shall pay to each State that satisfies the requirements of paragraphs (2) and (3) a children's enrollment performance bonus under this subsection for such fiscal year in such amount as the Secretary shall determine. ``(2) Demonstration of Implementation of Outreach Strategies.--A State shall demonstrate to the satisfaction of the Secretary that the State has a commitment to reach and enroll children who are eligible for medical assistance under, but not enrolled in, the State plan under this title through effective implementation of each of the following outreach activities: ``(A) Streamlined eligibility procedures.-- ``(i) In general.--The State uses streamlined procedures described in clause (ii) for determining the eligibility for medical assistance under, and enrollment in, the State plan under this title of-- ``(I) children in families with incomes that do not exceed the effective income level (expressed as a percent of the poverty line) that has been specified under such State plan (including under a waiver authorized by the Secretary or under section 1902(r)(2) for the child to be eligible for medical assistance under section 1902(l)(2) or 1905(n)(2) (as selected by a State)) for the age of such child; and ``(II) children determined eligible for such assistance, and enrolled in the State plan under this title in accordance with the requirements of paragraphs (1) and (2) of section 1931(b). ``(ii) Procedures described.--The streamlined procedures described in this clause include-- ``(I) using shortened and simplified applications for the children described in clause (i); ``(II) eliminating the assets test for determining the eligibility of such children; and ``(III) allowing applications for such children to be submitted by mail or telephone. ``(B) Continuous eligibility for children.--The State provides (or demonstrates to the satisfaction of the Secretary that, not later than fiscal year 2001, the State shall provide) for 12-months of continuous eligibility for children in accordance with section 1902(e)(12). ``(C) Presumptive eligibility for children.--The State provides (or demonstrates to the satisfaction of the Secretary that, not later than fiscal year 2001, the State shall provide) for making medical assistance available to children during a presumptive eligibility period in accordance with section 1920A. ``(D) Outstationing and alternative applications.--The State complies with the requirements of section 1902(a)(55) (relating to outstationing of eligibility workers for the receipt and initial processing of applications for medical assistance and the use of alternative application forms). ``(E) Simplified verification of eligibility requirements.--The State demonstrates to the satisfaction of the Secretary that the State uses only the minimum level of verification requirements as are necessary for the State to ensure accurate eligibility determinations under the State plan under this title. ``(3) Report on Number of Enrollments Resulting From Outreach.--A State shall annually report to the Secretary on the number of full year equivalent children that are determined to be eligible for medical assistance under the State plan under this title and are enrolled under the plan as a result of-- ``(A) having been provided presumptive eligibility in accordance with section 1920A; ``(B) having submitted an application for such assistance through an outstationed eligibility worker; and ``(C) having submitted an application for such assistance by mail or telephone. ``(4) No Substitution of Spending.--Amounts paid to a State under this subsection shall be used to supplement and not supplant other Federal, State, or local funds provided to the State under this title or title XXI. Amounts provided to the State under any other provisions of this title shall not be reduced solely as a result of the State's eligibility for a performance bonus under this subsection.''. | Health Care for America's Children Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to pay a children's enrollment performance bonus to each State that: (1) demonstrates its commitment to reach and enroll Medicaid-eligible children in its State Medicaid plan through implementation of various specified outreach activities; and (2) reports annually to the Secretary on the number of full year equivalent Medicaid-eligible children who enrolled under the State Medicaid plan as a result of having been provided presumptive eligibility and having applied for Medicaid assistance through an outstationed eligibility worker and by mail or telephone. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Transitional Fuel Security Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that, as of the date of enactment of this Act-- (1) fossil fuels provide more than 85 percent of all energy consumed in the United States, with energy consumption projected to increase for at least the next 2 decades; (2) United States oil production is at a 50-year low and continues to decline; (3) there has not been a new oil refinery built in the United States since 1976; (4) oil has reached prices of over $70 per barrel and is likely to remain high; (5) the United States relies on foreign sources of oil for approximately 60 percent of oil consumed in the United States; (6) recent world events and natural disasters have shown the vulnerability of the energy supply chain in the United States; (7) the Fischer-Tropsch technology can produce synthetic fuels that burn cleaner than traditionally-produced fuels, by using abundant domestic coal resources; (8) the coal reserves of the United States are estimated to be capable of producing more than 800,000,000,000 barrels of oil; (9) the demand of the United States military for fuel products makes up 2 percent of total consumption in the United States; (10) increases in oil costs disproportionately impact the military; (11) as a matter of national security, agencies of the Federal Government are eager to form partnerships with the energy industry and academia to create more sources of domestic energy and lessen the dependence of the United States on foreign sources of oil; (12) private industry is ready to commercialize the Fischer-Tropsch coal-to-fuel process, but is unable to generate necessary initial capital investment; and (13) it is in the best public interest of the United States that industry in the United States begin transformation from largely foreign petroleum-based energy resources to domestic coal-based resources, which are abundant. (b) Purposes.--The purposes of this Act are-- (1) to establish a Federal pilot program that will encourage private investment and a commitment by businesses in the United States to begin the transition to a coal-to-fuel based industry relying upon Fischer-Tropsch technology; and (2) at the conclusion of the pilot program, to achieve the transition in a manner that is cost-neutral to the Treasury. SEC. 3. DEFINITIONS. In this Act: (1) Byproduct.--The term ``byproduct'' means any residual product or secondary product of the Fischer-Tropsch process that may have a commercial value, including carbon dioxide, fertilizer, hydrogen, and electricity. (2) Coal-to-fuel.--The term ``coal-to-fuel'' means-- (A) with respect to a process or technology, the use of a feedstock, the majority of which is derived from the coal resources of the United States, using the class of chemical reactions known as Fischer-Tropsch, to produce synthetic fuel; and (B) with respect to a facility, the portion of a facility that supplies inputs for the Fischer-Tropsch process, Fischer-Tropsch finished fuel production, or the capture, transportation, or sequestration of byproducts of the use of coal at the facility, including carbon emissions. (3) Facility.--The term ``facility'' means a coal-to-fuel demonstration facility constructed under the Plan. (4) Investor.--The term ``investor'' means a nongovernmental entity that, in accordance with a contractual arrangement with the Secretary-- (A) invests in and holds a minority non-controlling interest in 1 or more facilities; and (B) shares in the revenues of the facilities. (5) Plan.--The term ``Plan'' means the plan developed by the Secretary and submitted to Congress under section 4. (6) Reserve.--The term ``Reserve'' means the Strategic Petroleum Reserve established under section 154 of the Energy Policy and Conservation Act (42 U.S.C. 6234). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. (8) Synthetic fuel.--The term ``synthetic fuel'' means-- (A) synthetic petroleum; or (B) synthetic refined fuel products (including jet fuel, gasoline, diesel, and motor oil) suitable for transportation that are produced through a coal-to-fuel process. SEC. 4. CONSTRUCTION OF COAL-TO-FUEL DEMONSTRATION FACILITIES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a plan for the construction of not more than 5 coal-to-fuel demonstration facilities in accordance with this Act, including the requirements described in subsection (b). (b) Requirements.--The Secretary shall-- (1) provide the Federal share of the cost of the construction of the facilities through a 5-year phased sale of petroleum products from the Reserve that corresponds to the phases of construction of the facilities; (2) in accordance with applicable law, including section 603.105 of title 10, Code of Federal Regulations (or a successor regulation)), offer to enter into contracts or cooperative agreements with investors; (3) enter into 1 or more multiyear contracts with the Secretary of Defense under which the Department of Defense will procure substantial quantities of jet fuel and diesel produced at the facilities; (4) enter into contracts or promulgate regulations if necessary-- (A) to resupply the Reserve at no cost with sufficient synthetic petroleum, synthetic refined fuel products, or nonsynthetic crude oil purchased with proceeds derived from the sale of synthetic fuel (whichever is determined by the Secretary to be more advantageous to the Federal Government) to compensate for petroleum products sold in accordance with paragraph (3); and (B) as soon as practicable, if advantageous, as determined by the Secretary, to require that all petroleum requirements of the Reserve be met with synthetic fuel; (5) produce and offer for public sale synthetic fuel products and byproducts from the facilities; (6) in accordance with section 6, divest ownership of the facilities through public sale to nongovernmental entities; and (7) ensure that after the Secretary has carried out the Plan, all costs and expenditures by the Federal Government under the Plan shall be fully reimbursed to the Treasury through-- (A) net revenues generated by the sale of petroleum products; (B) resupply of the Reserve; and (C) final divestiture and sale of all of the assets of the Federal Government under the Plan to nongovernmental entities. (c) Revenue.-- (1) In general.--Except as provided in section 5(b), any revenue raised from the activities described in subsection (b) shall be used-- (A) to pay operating expenses; and (B) to distribute profit shares to any commercial investors in accordance with contractual terms. (2) Remaining revenue.--Remaining revenue shall be deposited in the general fund of the Treasury. (d) Inclusions.--In submitting the Plan to Congress, the Secretary shall include-- (1) a description of not more than 5 proposed locations for the construction of facilities; (2) estimated construction costs for the facilities; (3) estimated production goals for each facility, which shall be-- (A) for at least 3 of the facilities, not less than 30,000 barrels of synthetic fuel per day; and (B) for the remaining facilities, not less than 5,000 barrels of synthetic fuel per day; (4) a sequestration plan for any carbon dioxide byproduct; (5) a proposed marketing plan for all byproducts; (6) coal procurement plans; (7) product contracting and coordination plans with the Secretary of Defense; (8) a phased construction plan; (9) a plan for the phased withdrawal of petroleum products from the Reserve to finance the phased construction and operation of the facilities; (10) proposed management plans, including the participation of investors; and (11) a proposed plan to divest ownership of the facilities and recoup remaining expenses. SEC. 5. NON-FEDERAL INVESTMENT. (a) In General.--The Federal share of the cost of construction of each facility under the Plan shall be not less than 51 percent. (b) Return on Investments.--After recoupment of the Federal share of the construction and operation of a facility, the Secretary shall distribute profits realized from the operation of the facility to investors in an amount that is proportional to their investment. SEC. 6. DIVESTITURE. (a) In General.--The Secretary shall divest ownership of the facilities not earlier than the date on which the Secretary determines that-- (1) the total production goal of 100,000 barrels of synthetic fuel per day has been met; (2) an amount equal to or greater than the total Federal share for the construction and operation of the facilities has been deposited in the general fund of the Treasury; and (3) a quantity of fuel equal to the quantity of petroleum products withdrawn from the Reserve under section 7(a) has been deposited in the Reserve. (b) Management.--The Secretary shall manage each facility until the Secretary divests ownership of the facility. (c) Transfer of Contracts.--A contract described in section 4(b)(3) shall be transferable to a subsequent owner of a facility the synthetic fuel production of which is the subject of the contract. (d) Prohibition on Purchase to Close.--No nongovernmental entity shall assume ownership and control of a facility for purposes of removing the facility from operation. SEC. 7. AUTHORIZATIONS. (a) Sale of Petroleum.-- (1) In general.--Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) and subject to paragraphs (2) and (3), the Secretary may sell petroleum products withdrawn from the Reserve at a public sale to finance the construction of facilities. (2) Amount.--In carrying out paragraph (1), the Secretary may sell not more than 20,000,000 barrels of petroleum products withdrawn from the Reserve each year for a period of 5 years. (3) Limitation.--The Secretary may sell a total of not more than 100,000,000 barrels of petroleum under this subsection. (b) Procurement of Real Estate.-- (1) In general.--In selecting sites for the construction of a facility, the Secretary shall give priority to sites on Federal land. (2) Unavailability.--If Federal land is not available, the Secretary may procure non-Federal land. | National Transitional Fuel Security Act of 2006 - Instructs the Secretary of Energy to submit to Congress a plan for the construction of coal-to-fuel demonstration facilities relying upon Fischer-Tropsch synthetic fuel-producing technology. Prescribes requirements for: (1) construction of such facilities; (2) up to 49% non-federal investment; and (3) divestiture of federal ownership of the facilities after certain production and related goals are met. Authorizes the Secretary to sell petroleum products withdrawn from the Strategic Petroleum Reserve at a public sale to finance the construction of the facilities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Asian Americans and Pacific Islanders Higher Education Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The population of Asian American and Pacific Islanders (referred to in this section as ``AAPI'') is an exceptionally diverse population. Characteristics of the AAPI population vary according to ethnicity, immigration patterns, historical experiences, and social group issues. (2) The diversity of the AAPI population includes indigenous Pacific Islanders, well-established populations represented in the United States for several generations, and ethnic groups who may be recent immigrants or refugees, and were forced to leave their home countries. (3) The diversity of the population is reflected in the Federal government's categories for Asian Americans and Pacific Islanders. There are 17 ethnic groups considered to be Asian and 4 ethnic groups considered to be Pacific Islander. Neither definition reflects AAPI individuals who may identify themselves as ``more than one race''. (4) The distinct cultural, linguistic, socioeconomic, and historical experiences that affect educational attainment of different AAPI sub-populations are often overlooked because programs and policies are based on aggregated data and the assumption that AAPIs are a monolithic group. The ``model minority myth'' assumption adversely effects AAPI youth, who are perceived as being academically successful and not in need of outreach, academic support systems, or other support services. (5) The ``model minority myth'' and lack of disaggregated data may prevent student services offices from conducting intentional outreach efforts, such as through Federal TRIO programs including Upward Bound and Talent Search, to AAPI students, because they are perceived to not be in need of support. (6) Additionally, disaggregated data indicates that 25.0 percent of Vietnamese Americans, 63.6 percent of Hmong Americans, 42.6 percent of Cambodian Americans, 34.7 percent of Laotian Americans, and 17.7 percent of Pacific Islanders live in poverty. Such socioeconomic disparities within the community are often overlooked, as only 12.6 percent of the total AAPI population lives in poverty. (7) While Asian Americans and Pacific Islanders overall have the highest college graduation rates of any group (44 percent in 2000), certain subgroups have much lower rates of degree attainment. Only 13.8 percent of Vietnamese Americans, 5.8 percent of Laotian Americans, 6.1 percent of Cambodian Americans, and less than 5.1 percent of Hmong Americans had college degrees. Only 13.8 percent of Pacific Islanders had college degrees. (8) Certain segments of the AAPI population face numerous barriers to accessing higher education and would benefit from grants and opportunities similar to those provided by other minority serving institutions. The designation of AAPI-serving institutions would help institutions of higher education expand their capacity to identify and assist underserved AAPI students. SEC. 3. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS. (a) Amendment.--Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following: ``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Asian American and Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Pacific Islanders. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Asian American' has the meaning given the term `Asian' in the Office of Management and Budget's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity, as published in the Federal Register on Thursday, October 30, 1997 (62 FR 58789); ``(2) the term `Pacific Islander' has the meaning given the term `Native Hawaiian or other Pacific Islander' in such Standards; ``(3) the term `Asian American and Pacific Islander-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); and ``(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Pacific Islander students; and ``(4) the term `low-income individual' means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Asian American and Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Asian Americans and Pacific Islanders. ``(2) Examples of authorized activities.--Such activities may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; ``(H) academic tutoring and counseling programs and student support services; ``(I) establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue post-secondary education; ``(J) establishing or improving an endowment fund; ``(K) academic instruction in disciplines in which Asian Americans and Pacific Islanders are under- represented; ``(L) conducting research and data collection for Asian American and Pacific Islander populations and sub-populations; and ``(M) establishing partnerships with community based organizations serving Asian Americans and Pacific Islanders. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Asian American and Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Pacific Islander- serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be an Asian American and Pacific Islander- serving institution may submit an application for assistance under this section to the Secretary. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Asian American and Pacific Islander- serving institution to Asian American and Pacific Islander students; and ``(B) such other information and assurances as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Asian American and Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall-- ``(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and ``(ii) give priority consideration to institutions that serve a significant percentage of Asian American and Pacific Islander students who are low-income individuals.''. (b) Authorization of Appropriations.--Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended by adding at the end the following: ``(D) There are authorized to be appropriated to carry out section 318, $30,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. | Asian Americans and Pacific Islanders Higher Education Enhancement Act - Amends the Higher Education Act of 1965 title III part A (Strengthening Institutions) to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education for activities to improve their capacity to serve students who are Asian Americans and Pacific Islanders. Gives priority to eligible institutions with a significant percentage of enrollment made up of such students who are low-income individuals. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Omnibus Trade Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT Subtitle A--Extension of Trade Adjustment Assistance Sec. 101. Extension of trade adjustment assistance. Sec. 102. Merit staffing for State administration of trade adjustment assistance. Subtitle B--Health Coverage Improvement Sec. 111. Improvement of the affordability of the credit. Sec. 112. Payment for the monthly premiums paid prior to commencement of the advance payments of credit. Sec. 113. TAA recipients not enrolled in training programs eligible for credit. Sec. 114. TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage. Sec. 115. Continued qualification of family members after certain events. Sec. 116. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients. Sec. 117. Addition of coverage through voluntary employees' beneficiary associations. Sec. 118. Notice requirements. TITLE II--ANDEAN TRADE PREFERENCES ACT Sec. 201. Extension of Andean Trade Preference Act. TITLE III--OFFSETS Sec. 301. Customs user fees. Sec. 302. Time for payment of corporate estimated taxes. TITLE IV--BUDGETARY EFFECTS Sec. 401. Compliance with PAYGO. TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT Subtitle A--Extension of Trade Adjustment Assistance SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE. (a) In General.--Section 1893(a) of the Trade and Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is amended by striking ``January 1, 2011'' each place it appears and inserting ``Febrary 13, 2011''. (b) Application of Prior Law.--Section 1893(b) of the Trade and Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows: ``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be applied and administered beginning February 13, 2011, as if the amendments made by this subtitle (other than part VI) had never been enacted, except that in applying and administering such chapters-- ``(1) section 245 of that Act shall be applied and administered by substituting `February 12, 2012' for `December 31, 2007'; ``(2) section 246(b)(1) of that Act shall be applied and administered by substituting `February 12, 2012' for `the date that is 5 years' and all that follows through `State'; ``(3) section 256(b) of that Act shall be applied and administered by substituting `the 1-year period beginning February 13, 2011, and ending February 12, 2012,' for `each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,'; ``(4) section 298(a) of that Act shall be applied and administered by substituting `the 1-year period beginning February 13, 2011, and ending February 12, 2012,' for `each of the fiscal years' and all that follows through `October 1, 2007'; and ``(5) subject to subsection (a)(2), section 285 of that Act shall be applied and administered-- ``(A) in subsection (a), by substituting `February 12, 2011' for `December 31, 2007' each place it appears; and ``(B) by applying and administering subsection (b) as if it read as follows: ```(b) Other Assistance.-- ```(1) Assistance for firms.-- ```(A) In general.--Except as provided in subparagraph (B), assistance may not be provided under chapter 3 after February 12, 2012. ```(B) Exception.--Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before February 12, 2012, may be provided-- ```(i) to the extent funds are available pursuant to such chapter for such purpose; and ```(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. ```(2) Farmers.-- ```(A) In general.--Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after February 12, 2012. ```(B) Exception.--Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before February 12, 2012, may be provided-- ```(i) to the extent funds are available pursuant to such chapter for such purpose; and ```(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.'.''. (c) Conforming Amendments.-- (1) Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to read as follows: ``(2)(A) The total amount of payments that may be made under paragraph (1) shall not exceed-- ``(i) $575,000,000 for fiscal year 2010; and ``(ii) $66,500,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.''. (2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (4) Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended-- (A) in the first sentence to read as follows: ``There are authorized to be appropriated to the Secretary to carry out the provisions of this chapter $50,000,000 for fiscal year 2010 and $5,800,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.''; and (B) in paragraph (1), by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (5) Section 275(f) of the Trade Act of 1974 (19 U.S.C. 2371d(f)) is amended by striking ``2011'' and inserting ``and annually thereafter''. (6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C. 2371e(c)(2)) is amended to read as follows: ``(2) Funds to be used.--Of the funds appropriated pursuant to section 277(c), the Secretary may make available, to provide grants to eligible communities under paragraph (1), not more than-- ``(A) $25,000,000 for fiscal year 2010; and ``(B) $2,900,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.''. (7) Section 277(c) of the Trade Act of 1974 (19 U.S.C. 2371f(c)) is amended-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this subchapter-- ``(A) $150,000,000 for fiscal year 2010; and ``(B) $17,3000 for the 6-week period beginning January 1, 2011 and ending February 12, 2011.''; and (B) in paragraph (2)(A), by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 2372(e)) is amended by striking ``2011'' and inserting ``and annually thereafter''. (9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C. 2373(h)(2)) is amended by striking ``2011'' and inserting ``and annually thereafter''. (10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C. 2373a(a)) is amended to read as follows: ``(a) In General.-- ``(1) Authorization.--There are authorized to be appropriated to the Secretary of Labor to carry out the Sector Partnership Grant program under section 279A-- ``(A) $40,000,000 for fiscal year 2010; and ``(B) $4,600,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011. ``(2) Availability of appropriations.--Funds appropriated pursuant to this section shall remain available until expended.''. (11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended-- (A) by striking ``December 31, 2010'' each place it appears and inserting ``February 12, 2011''; and (B) in subsection (a)(2)(A), by inserting ``pursuant to petitions filed under section 221 before February 12, 2011'' after ``title''. (12) Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking ``$90,000,000 for each of the fiscal years 2009 and 2010, and $22,500,000 for the period beginning October 1, 2010, and ending December 31, 2010'' and inserting ``$10,400,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011''. (13) The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 235 and inserting the following: ``Sec. 235. Employment and case management services.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2011. SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE ADJUSTMENT ASSISTANCE. (a) In General.--Notwithstanding section 618.890(b) of title 20, Code of Federal Regulations, or any other provision of law, the single transition deadline for implementing the merit-based State personnel staffing requirements contained in section 618.890(a) of title 20, Code of Federal Regulations, shall not be earlier than February 12, 2011. (b) Effective Date.--This section shall take effect on December 14, 2010. Subtitle B--Health Coverage Improvement SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT. (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (b) Conforming Amendment.--Section 7527(b) of such Code is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (c) Effective Date.--The amendments made by this section shall apply to coverage months beginning after December 31, 2010. SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT. (a) In General.--Section 7527(e) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after December 31, 2010. SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT. (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after December 31, 2010. SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE. (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning before January 1, 2014) is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2010. SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS. (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 1986, as added by section 1899E(a) of the American Recovery and Reinvestment Tax Act of 2009 (relating to continued qualification of family members after certain events), is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (b) Conforming Amendment.--Section 173(f)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (c) Effective Date.--The amendments made by this section shall apply to months beginning after December 31, 2010. SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS. (a) ERISA Amendments.-- (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (b) IRC Amendments.-- (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of such Code is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (d) Effective Date.--The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after December 31, 2010. SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS. (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2011'' and inserting ``February 13, 2012''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after December 31, 2010. SEC. 118. NOTICE REQUIREMENTS. (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2011'' and inserting ``February 13, 2011''. (b) Effective Date.--The amendment made by this section shall apply to certificates issued after December 31, 2010. TITLE II--ANDEAN TRADE PREFERENCES ACT SEC. 201. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. (a) Extension.--Section 208(a)(1) of the Andean Trade Preference Act (19 U.S.C. 3206(a)(1)) is amended to read as follows: ``(1) remain in effect-- ``(A) with respect to Colombia after February 12, 2011; and ``(B) with respect to Peru after December 31, 2010;''. (b) Ecuador.--Section 208(a)(2) of the Andean Trade Preference Act (19 U.S.C. 3206(a)(2)) is amended by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (c) Treatment of Certain Apparel Articles.--Section 204(b)(3)(E)(ii)(II) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended (ii)(II), by striking ``December 31, 2010'' and inserting ``February 12, 2011''. (d) Annual Report.--Section 203(f)(1) of the Andean Trade Preference Act (19 U.S.C. 3202(f)(1)) is amended by striking ``every 2 years'' and inserting ``annually''. TITLE III--OFFSETS SEC. 301. CUSTOMS USER FEES. Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- (1) in subparagraph (A), by striking ``September 30, 2019'' and inserting ``January 7, 2020''; and (2) in subparagraph (B)(i), by striking ``September 30, 2019'' and inserting ``January 14, 2020''. SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. The percentage under paragraph (2) of section 561 of the Hiring Incentives to Restore Employment Act in effect on the date of the enactment of this Act is increased by 4.5 percentage points. TITLE IV--BUDGETARY EFFECTS SEC. 401. COMPLIANCE WITH PAYGO. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Omnibus Trade Act of 2010 - Title I: Extension of Trade Adjustment Assistance and Health Coverage Improvement - Subtitle A: Extension of Trade Adjustment Assistance - (Sec. 101) Amends the Trade and Globalization Adjustment Assistance Act of 2009 to extend trade adjustment assistance (TAA) programs through February 12, 2011. Requires funding levels for TAA programs under prior law to apply beginning February 13, 2011, as if the amendments made by this Act had never been enacted. Amends the Trade Act of 1974, however, to authorize appropriations through February 12, 2012 for: (1) TAA programs for workers, firms, and farmers; and (2) alternative TAA for older workers. Limits for FY2010, and the six-week period January 1, 2011-February 12, 2011, the total amount of payments that may be made by the Secretary of Labor for training assistance for workers. Authorizes appropriations for the reemployment TAA program through February 12, 2011. Authorizes the Secretary for FY2010, and the six-week period January 1, 2011- February 12, 2011, to make certain TAA funds available for grants to assist eligible communities to develop strategic plans for their economic adjustment to the impact of trade . Extends permanently certain reporting requirements under: (1) the Community College and Career Training Grant program, and (2) the Industry or Sector Partnership Grant program for communities impacted by trade. Authorizes appropriations to the Secretary for FY2010, and the six-week period January 1, 2011-February 12, 2011, to carry out the Sector Partnership Grant program. (Sec. 102) Extends the single transition deadline for implementing certain merit-based personnel staffing requirements for state administration of TAA to a date not earlier than February 12, 2011. Subtitle B: Health Coverage Improvement - (Sec. 111) Amends the Internal Revenue Code (IRC) to extend through February 12, 2011, the 80% tax credit for health insurance costs (including advance payments) for TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension) recipients. (Sec. 113) Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through February 12, 2011. (Sec. 114) Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through February 12, 2011, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers. (Sec. 115) Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through February 12, 2011. (Sec. 117) Extends through February 12, 2011, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative. Title II: Andean Trade Preferences Act - (Sec. 201) Amends the Andean Trade Preference Act (ATPA), as amended and expanded by Andean Trade Promotion and Drug Eradication Act (ATPDEA), to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through February 12, 2011. Extends through FY2012 preferential treatment for apparel articles assembled in one or more ATPDEA beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres). Title III: Offsets - (Sec. 301) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend certain customs users fees for the processing of merchandise entered into the United States through January 7, 2020, and other specified customs users fees through January 14, 2020. (Sec. 302) Amends the Hiring Incentives to Restore Employment Act to increase required estimated tax payments of corporations with at least $1 billion in assets in the third quarter of 2015 by 4.5% to 126.0% of such amount. Title IV: Budgetary Effects - (Sec. 401) Declares that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted before the vote on passage. |
granting the consent of Congress to the Emergency Management Assistance Compact' (Public Law 104-321; 110 Stat. 3877). ``(b) Uses.--A grant under this section shall be used to-- ``(1) carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact; ``(2) coordinate with the Department and other Federal Government agencies; ``(3) coordinate with State and local government entities and their respective national associations; ``(4) assist State and local governments with credentialing emergency response providers and the typing of emergency response resources; or ``(5) administer the operations of the Emergency Management Assistance Compact. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $4,000,000 for each of fiscal years 2007 through 2010. Amounts appropriated under this section shall remain available for 3 fiscal years after the date on which such funds are appropriated. ``SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM. ``(a) Establishment.--There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director. ``(b) Director.-- ``(1) Reporting.--The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary. ``(2) Qualifications.--The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, or other anti-terrorist functions. ``(c) Assignment of Personnel.-- ``(1) In general.--The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section. ``(2) Liaisons.--The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act a liaison between that component and the Office for the Prevention of Terrorism. ``(d) Responsibilities.--The Director of the Office for the Prevention of Terrorism shall-- ``(1) coordinate policy and operations between the Department and State and local government agencies relating to preventing acts of terrorism within the United States; ``(2) serve as a liaison between State and local law enforcement agencies and the Department; ``(3) in coordination with the Office of Intelligence, develop better methods for the sharing of intelligence with State and local law enforcement agencies; ``(4) coordinate with the Office of Grants and Training to ensure that homeland security grants to State and local government agencies are adequately focused on terrorism prevention activities; and ``(5) coordinate with the Authority, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to develop national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers. ``(e) Pilot Project.-- ``(1) In general.--The Director of the Office for the Prevention of Terrorism, in coordination with the Director for Response, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams. ``(2) Function.--The law enforcement deployment teams participating in the pilot program under this subsection shall form the basis of a national network of standardized law enforcement resources to assist State and local governments in responding to a natural or man-made disaster. ``(f) Construction.--Nothing in this section may be construed to effect the roles or responsibilities of the Department of Justice. ``SEC. 518. DEPARTMENT OFFICIALS. ``(a) Cybersecurity and Telecommunications.--There is in the Department an Assistant Secretary for Cybersecurity and Telecommunications. ``(b) United States Fire Administration.--The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Executive Schedule.-- (1) Administrator.--Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Administrator of the United States Emergency Management Authority.''. (2) Directors.--Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Directors, United States Emergency Management Authority.''. (3) FEMA officers.-- (A) Federal insurance administrator.--Section 5315 of title 5, United States Code, is amended by striking ``Federal Insurance Administrator, Federal Emergency Management Agency.''. (B) Inspector general.--Section 5315 of title 5, United States Code, is amended by striking ``Inspector General, Federal Emergency Management Agency.''. (C) Chief information officer.--Section 5315 of title 5, United States Code, is amended by striking ``Chief Information Officer, Federal Emergency Management Agency.''. (b) Officers of the Department.--Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended-- (1) by striking paragraph (5) and inserting the following: ``(5) An Administrator of the United States Emergency Management Authority.''; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (10) (as amended by this subsection) as paragraphs (2) through (9), respectively. (c) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking the items relating to title V and sections 501 through 509 and inserting the following: ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE ``Sec. 501. Definitions. ``Sec. 502. United States Emergency Management Authority. ``Sec. 503. Authorities and responsibilities. ``Sec. 504. Authority components. ``Sec. 505. Preserving the United States Emergency Management Authority. ``Sec. 506. Directors. ``Sec. 507. Regional Offices. ``Sec. 508. National Advisory Council on Emergency Preparedness and Response. ``Sec. 509. National Incident Management System Integration Center. ``Sec. 510. National Operations Center. ``Sec. 511. Chief Medical Officer. ``Sec. 512. Public and community preparedness. ``Sec. 513. SAVER Program. ``Sec. 514. National Search and Rescue Response System. ``Sec. 515. Metropolitan Medical Response System. ``Sec. 516. Emergency Management Assistance Compact authorization. ``Sec. 517. Office for the Prevention of Terrorism Coordination. ``Sec. 518. Department officials. ``Sec. 519. Nuclear incident response. ``Sec. 520. Conduct of certain public health-related activities. ``Sec. 521. Use of national private sector networks in emergency response. ``Sec. 522. Use of commercially available technology, goods, and services. ``Sec. 523. Procurement of security countermeasures for strategic national stockpile. ``Sec. 524. Urban and other high risk area communications capabilities.''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on January 1, 2007. | United States Emergency Management Authority Act of 2006 - Amends the Homeland Security Act of 2002 to replace provisions concerning the Directorate of, and the Under Secretary for, Emergency Preparedness and Response in the Department of Homeland Security (DHS) with provisions establishing a United States Emergency Management Authority to lead the nation's efforts to prepare for, respond to, recover from, and mitigate the risks of natural and man-made disasters, including catastrophic incidents. Directs the Authority's Administrator to: (1) provide federal leadership necessary to prepare for and respond to disasters; (2) develop a National Emergency Management System capable of responding to catastrophic incidents; (3) establish 10 Regional Offices; and (4) promote public and community preparedness. Transfers functions of the Federal Emergency Management Agency (FEMA) and the Directorate to the Authority. Requires the Authority to be maintained as a distinct entity within DHS. Establishes within the Authority a Director for Preparedness and a Director for Response and Recovery. Requires: (1) each Regional Administrator to establish multi-agency strike teams; and (2) the Secretary of DHS to establish the National Advisory Council on Emergency Preparedness and Response. Establishes within the Authority a National Incident Management System Integration Center, a Chief Medical Officer, a National Search and Rescue Response System, and a Metropolitan Medical Response System. Establishes within DHS a National Operations Center, a System Assessment and Validation for Emergency Responders Program, an Assistant Secretary for Cybersecurity and Telecommunications, and an Office for the Prevention of Terrorism. Authorizes the Secretary, acting through the Administrator, to make grants to administer and improve the Emergency Management Assistance Compact. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Nuclear Safety Board Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that there is a great need for-- (1) vigorous investigation of events at facilities, or involving materials, licensed or otherwise regulated by the Nuclear Regulatory Commission that could adversely affect public health or safety; and (2) continual review and assessment of licensing and other regulatory practices of the Nuclear Regulatory Commission, which may result in conclusions critical of the Nuclear Regulatory Commission or officials of the Commission. (b) Purpose.--The purpose of this Act is to establish an Independent Nuclear Safety Board which shall promote nuclear safety by-- (1) conducting independent investigations of events at facilities, or involving materials, licensed or otherwise regulated by the Nuclear Regulatory Commission that could adversely affect public health or safety; (2) reviewing and assessing the licensing and other regulatory practices of the Nuclear Regulatory Commission; (3) recommending to the Nuclear Regulatory Commission improvements in licensing and related regulatory practices; and (4) informing Congress of findings and recommendations of the Board that result from the investigations referred to in paragraph (1). SEC. 3. ESTABLISHMENT OF NUCLEAR SAFETY BOARD. Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the following new section: ``SEC. 212. INDEPENDENT NUCLEAR SAFETY BOARD. ``(a) Establishment.--There is established a board to be known as the `Independent Nuclear Safety Board' (referred to in this section as the `Board'). ``(b) Membership.-- ``(1) In general.--The Board shall be composed of 3 members appointed by the President, by and with the advice and consent of the Senate, from among respected experts in the field of commercial nuclear energy with a demonstrated competence and knowledge relevant to the independent investigative and prescriptive functions of the Board. Not more than 2 members of the Board shall be members of the same political party. Not later than 90 days after the date of enactment of this section, the President shall submit the nominations for appointment to the Board. ``(2) Vacancies.--Any vacancy in the membership of the Board shall be filled in the same manner in which the original appointment was made. ``(3) Financial interests.--No member of the Board shall-- ``(A) have any significant financial relationship in any firm, company, corporation, or other business entity that is engaged in an activity regulated by the Nuclear Regulatory Commission (referred to in this section as the `Commission') as a licensee or contractor; or ``(B) have had such a relationship within the 2- year period preceding the appointment of the member. ``(c) Chairperson.-- ``(1) In general.--The Chairperson and Vice Chairperson of the Board shall be designated by the President. The Chairperson and Vice Chairperson may be reappointed. ``(2) Functions.-- ``(A) In general.--The Chairperson shall be the chief executive officer of the Board and shall, subject to such policies as the Board may establish, exercise the functions of the Board with respect to-- ``(i) the appointment and supervision of personnel employed by the Board; ``(ii) the organization of any administrative units established by the Board; and ``(iii) the use and expenditure of funds. ``(B) Delegation.--The Chairperson may delegate any of the functions under this paragraph to any other member of the Board or to any appropriate employee or officer of the Board. ``(3) Vice chairperson.--The Vice Chairperson shall act as Chairperson in the case of the absence or incapacity of the Chairperson or in the case of a vacancy in the office of Chairperson. ``(d) Terms of Members.-- ``(1) In general.--Except as provided in paragraph (2), each member of the Board shall serve for a term of 6 years. A member of the Board may be reappointed. ``(2) Initial members.--Of the members first appointed to the Board-- ``(A) 1 member shall be appointed for a term of 2 years; ``(B) 1 member shall be appointed for a term of 4 years; and ``(C) 1 member shall be appointed for a term of 6 years; as designated by the President at the time of appointment. ``(3) Special terms.--Any member appointed to fill a vacancy occurring before the expiration of the term of office for which the predecessor of the member was appointed shall be appointed only for the remainder of the term. A member may serve after the expiration of the term of the member until a successor has taken office. ``(4) Removal.--Any member of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. ``(e) Quorum.--Two members of the Board shall constitute a quorum, but a lesser number may hold hearings. ``(f) Functions and Authorities.-- ``(1) Investigations.-- ``(A) In general.-- ``(i) Investigations by board.--The Board shall investigate any event at any facility, or involving any material, licensed or otherwise regulated by the Commission, that the Board determines to be significant because the event could-- ``(I) adversely affect public health or safety; or ``(II) be the precursor of an event that could adversely affect public health or safety. ``(ii) Investigations by commission.--The Board may request the Commission to carry out an investigation of an event described in clause (i) and to report the findings of the Commission to the Board in a timely fashion. Whenever the Commission concludes such an investigation, the Board may analyze the findings of the Commission for the purpose of making its own conclusions and recommendations. ``(B) Purpose of investigations.--The purpose of a Board investigation of an event under this paragraph shall be-- ``(i) to ascertain information concerning the circumstances of the event, and the implications of the event for public health and safety; ``(ii) to determine whether the event is part of a pattern of similar events at 1 or more facilities, or involving any material, licensed or otherwise regulated by the Commission that could-- ``(I) adversely affect public health or safety; or ``(II) be the precursor of an event that could adversely affect public health or safety; and ``(iii) to provide such recommendations to the Commission for changes in licensing, safety regulations and requirements, and other regulatory policy as may be prudent or necessary. ``(2) Analysis of operational data.--For purposes of carrying out this section, the Board shall have access to and may systematically analyze-- ``(A) operational data from any facility, or involving any material, licensed or otherwise regulated by the Commission to determine whether there exist certain patterns of events that indicate safety problems; and ``(B) operational data of the Commission including personnel and files. ``(3) Special studies.--The Board may conduct special studies pertaining to nuclear safety at any facility, or involving any material, licensed or otherwise regulated by the Commission. ``(4) Evaluation of suggestions.--The Board may evaluate suggestions received from the scientific and industrial communities, and from the interested public, on specific measures to improve safety at any facility, or involving any material, licensed or otherwise regulated by the Commission. ``(5) Recommendations to commission.-- ``(A) In general.--The Board shall recommend to the Commission specific measures that should be adopted to minimize the likelihood that events will occur at any facility, or involving any material, licensed or otherwise regulated by the Commission, that could adversely affect public health or safety. The Commission shall respond in writing to the recommendations of the Board not later than 120 days after receipt of the recommendations. The written response shall detail specific measures adopted by the Commission in response to the recommendations, and explanations for the inaction of the Commission on recommendations the Commission chose to reject. ``(B) Submission to congress.--The recommendations of the Board made pursuant to subparagraph (A) shall be submitted to Congress. ``(6) Reporting requirements.-- ``(A) In general.--For purposes of investigations, the Board shall establish reporting requirements that shall be binding on-- ``(i) any person who operates, designs, supplies, maintains, or is otherwise involved with the operation or construction of, a facility licensed or otherwise regulated by the Commission; and ``(ii) any person who processes, stores, transports, uses, or possesses a material licensed or otherwise regulated by the Commission. ``(B) Protected material.-- ``(i) Reporting.--The information that the Board may require to be reported under this paragraph may include any material designated as classified material pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any information designated as safeguards information and protected from disclosure under section 147 of such Act (42 U.S.C. 2167). ``(ii) Public access.--Information received by the Board shall be made available to the public in accordance with the applicable provisions of subsections (a) and (b) of section 306 of the Independent Safety Board Act of 1974 (49 U.S.C. App. 1905). ``(7) Hearings.-- ``(A) In general.--The Board or, on the authorization of the Board, any member of the Board, may, for the purpose of carrying out this section, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such evidence as the Board or the authorized member determines advisable. ``(B) Subpoenas.-- ``(i) In general.--A subpoena may be issued only under the signature of the Chairperson, or any member of the Board designated by the Chairperson, and shall be served by any person designated by the Chairperson or the member. The attendance of witnesses and the production of evidence may be required from any place in the United States at any designated place of hearing in the United States. ``(ii) Oaths.--Any member of the Board may administer an oath or affirmation to a witness appearing before the Board. ``(iii) Enforcement.--Any person who willfully neglects or refuses to qualify as a witness, or to testify, or to produce any evidence in obedience to any subpoena duly issued under the authority of this paragraph, shall be fined not more than $5,000, or imprisoned for not more than 180 days, or both. Upon certification by the Chairperson of the Board of the facts concerning any willful disobedience by any person to the United States attorney for any judicial district in which the person resides or is found, the attorney may proceed by information for the prosecution of the person for the offense. ``(8) Reports.-- ``(A) In general.--The Board shall issue periodic reports that shall be made available to Congress, and to Federal, State, and local government agencies concerned with safety at a facility, or involving any material, licensed or otherwise regulated by the Commission. The reports shall be made available to other interested persons on request. ``(B) Contents.--Each report shall contain-- ``(i) the major findings of the Board investigations; and ``(ii) recommendations of-- ``(I) specific measures to reduce the likelihood of a recurrence of nuclear events similar to events investigated by the Board; and ``(II) corrective steps implemented or required by the Commission to enhance or improve safety conditions at facilities investigated by the Board and other facilities as considered appropriate by the Board. ``(9) Staff and consultants.--In accordance with the civil service laws and regulations, the Chairperson of the Board may hire staff and employ consultants for the purpose of carrying out the functions and duties of the Board under this subsection. ``(10) Events.--As used in this subsection, the term `event' includes an action or failure to act by any person, including the Commission as an organization and the staff of the Commission, or a continuing series of actions or failures to act by any such person, including operational failures, that the Board determines have a potentially adverse effect on public health or safety as described in paragraph (1). ``(g) Transfer of Functions.--There are transferred to the Board-- ``(1) all functions of the Office for Analysis and Evaluation of Operational Data of the Commission relating to the functions of the Board described in subsection (f); and ``(2) such personnel from the Office for Analysis and Evaluation of Operational Data as the Director of the Office of Management and Budget determines are necessary to carry out the functions described in subsection (f). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1995 through 2000. ``(i) Termination.--The Board shall terminate on September 30, 2000.''. S 2254 IS----2 | Independent Nuclear Safety Board Act of 1994 - Amends the Energy Reorganization Act of 1974 to establish the Independent Nuclear Safety Board. Directs the Board to: (1) investigate events under Nuclear Regulatory Commission jurisdiction which could adversely affect public health and safety; and (2) recommend to the Commission and to the Congress measures to minimize threats to public safety. Requires the Commission to respond in writing to such recommendations and to provide explanations for its inaction on recommendations it chooses to reject. Directs the Board to issue periodic reports to the Congress and various government agencies affected by activities subject to Commission jurisdiction, recommending corrective measures to: (1) reduce the likelihood of nuclear events similar to those investigated by the Board; and (2) improve safety conditions at nuclear facilities. Transfers to the Board all functions and necessary personnel of the Office for the Analysis and Evaluation of Operational Data which relate to the Board's functions and authorities. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Innovative Manufacturing Act of 2012''. SEC. 2. ADVANCED MANUFACTURING TECHNOLOGY CONSORTIA. Section 33 of the National Institute of Standards and Technology Act (15 U.S.C. 278r) is amended to read as follows: ``SEC. 33. ADVANCED MANUFACTURING TECHNOLOGY CONSORTIA. ``(a) Authority.-- ``(1) In general.--The Director shall carry out a program to facilitate the development of and provide support to industry-led consortia that will identify, prioritize, and address long-term, precompetitive industrial research needs in the area of advanced manufacturing. ``(2) Program objectives.--The objectives of the program established under this section include the following: ``(A) To promote collective public-private efforts to develop key technology platforms and infrastructure for advanced manufacturing. ``(B) To enable the prioritization of public research portfolios to be more responsive to the long- term technology development needs of industry. ``(C) To leverage Federal investment in advanced manufacturing with shared investment by the private sector. ``(D) To increase industrial research and development investment in precompetitive technology platforms and infrastructure. ``(E) To accelerate technological innovation in advanced manufacturing. ``(F) To foster broad participation by industry, the Federal Government, institutions of higher education, and State, local, and tribal governments in advanced manufacturing research and development. ``(b) Activities.--As part of the program established under this section, the Director shall-- ``(1) support the formation of industry-led consortia composed of representatives from industry (including small- and medium-sized manufacturers), institutions of higher education, the Federal Government, State, local, and tribal governments, and other entities, as appropriate; ``(2) collaborate with consortia participants in the development of technology roadmaps that identify research needs in the area of advanced manufacturing; ``(3) support precompetitive research directed at meeting the research needs identified in the roadmaps developed under paragraph (2); ``(4) promote the transfer of precompetitive technology platforms and infrastructure resulting from consortia research to the private sector and facilitate open access to the intellectual property underpinning those platforms and technology; and ``(5) facilitate the development of new technologies into commercial products. ``(c) Selection Criteria.--In selecting applications for awards under this section, the Director shall consider, at a minimum-- ``(1) the degree to which the activities proposed under the consortia will broadly impact manufacturing and increase the productivity and economic competitiveness of the United States; ``(2) the level of technical risk to be addressed by the consortia; ``(3) the potential to produce fundamental new knowledge; and ``(4) the likelihood that the consortia will become self sustaining, if appropriate. ``(d) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section $120,000,000 for each of fiscal years 2013 through 2017.''. SEC. 3. SMALL MANUFACTURER INNOVATION PROGRAM. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended-- (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 the following: ``SEC. 34. SMALL MANUFACTURER INNOVATION PROGRAM. ``(a) In General.--The Director shall carry out a pilot program to enhance the innovative capabilities and competitiveness of small- and medium-sized manufacturers through support for research and development that will promote the field of advanced manufacturing and lead to the commercialization of new products, processes, or technologies for use in advanced manufacturing. ``(b) Objectives.--The objectives of the program under this section are-- ``(1) to accelerate the development of processes and, as appropriate, incremental innovations that will improve how goods are designed, produced, or distributed; ``(2) to advance the development and commercialization of novel products and technologies for use in advanced manufacturing; ``(3) to reduce the technical and economic risks associated with developing new products, processes, or technologies for use in advanced manufacturing; ``(4) to foster cooperative research and development between small- and medium-sized manufacturers and research institutions; and ``(5) to promote research and development collaboration among small- and medium-sized manufacturers facing similar technical challenges or obstacles, including collaboration along a supply chain. ``(c) Program.-- ``(1) Award phases.--The Director shall award competitive, merit-reviewed grants, cooperative agreements, or contracts to small- or medium-sized manufacturers in the United States through a uniform process having-- ``(A) a first phase for determining, insofar as possible, the scientific and technical merit and feasibility of a proposal; and ``(B) a second phase to further develop proposals, including the development of prototypes, for which scientific and technical merit and feasibility was demonstrated in the first phase. ``(2) Applications.--A small- or medium-sized manufacturer seeking an award under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. ``(d) Stakeholder Input.--In carrying out the program under this section, the Director shall solicit stakeholder input on how best to carry out the program. ``(e) Coordination and Nonduplication.--To the maximum extent practicable, the Director shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs within the Federal Government. ``(f) Report.--Not later than 4 years after the date of enactment of the Advancing Innovative Manufacturing Act of 2012, the Director shall transmit a report to Congress assessing the program established under this section. The report shall include-- ``(1) a summary of the activities carried out under the program; ``(2) an assessment of whether the program is achieving its goals, including a description of the metrics used to determine progress in meeting such goals; ``(3) any recommendations on how the program may be improved; and ``(4) a recommendation as to whether such program should be continued or terminated. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section-- ``(1) $15,000,000 for fiscal year 2013; ``(2) $25,500,000 for fiscal year 2014; ``(3) $39,750,000 for fiscal year 2015; ``(4) $42,250,000 for fiscal year 2016; and ``(5) $50,000,000 for fiscal year 2017.''. SEC. 4. INNOVATION VOUCHER PROGRAM. Section 25 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3720) is amended by adding at the end the following: ``(d) Innovation Voucher Program.-- ``(1) In general.--The Secretary, acting through the Office of Innovation and Entrepreneurship, shall establish an innovation voucher pilot program to accelerate innovative activities and enhance the competitiveness of small- and medium-sized manufacturers in the United States. The pilot program shall-- ``(A) foster collaborations between small- and medium-sized manufacturers and research institutions; and ``(B) enable small- and medium-sized manufacturers to access technical expertise and capabilities that will lead to the development of innovative products or manufacturing processes, including through-- ``(i) research and development, including proof of concept, technical development, and compliance testing activities; ``(ii) early-stage product development, including engineering design services; and ``(iii) technology transfer and related activities. ``(2) Award size.--The Secretary shall competitively award vouchers worth up to $20,000 to small- and medium-sized manufacturers for use at eligible research institutions to acquire the services described in paragraph (1)(B). ``(3) Streamlined procedures.--The Secretary shall streamline and simplify the application, administrative, and reporting procedures for vouchers administered under the program. ``(4) Regulations.--Prior to awarding any vouchers under the program, the Secretary shall promulgate regulations-- ``(A) establishing criteria for the selection of recipients of awards under this subsection; ``(B) establishing procedures regarding financial reporting and auditing-- ``(i) to ensure that awards are used for the purposes of the program; and ``(ii) that are in accordance with sound accounting practices; and ``(C) describing any other policies, procedures, or information necessary to implement this subsection, including those intended to streamline and simplify the program in accordance with paragraph (3). ``(5) Transfer authority.--The Secretary may transfer funds appropriated to the Department of Commerce to other Federal agencies for the performance of services authorized under this subsection. ``(6) Administrative costs.--All of the amounts appropriated to carry out this subsection for a fiscal year shall be used for vouchers awarded under this subsection, except that an eligible research institution performing the services described in paragraph (1)(B) may retain a percentage of any amount received from the Secretary under this subsection to defray administrative costs associated with the services. The Secretary shall establish a single, fixed percentage for such purposes that will apply to all eligible research institutions. ``(7) Outreach.--The Secretary may use centers established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) to provide information about the program established under this subsection and to conduct outreach to potential applicants, as appropriate. ``(8) Reports to congress.-- ``(A) Plan.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall transmit to Congress a plan that will serve as a guide for the activities of the program. The plan shall include a description of the specific objectives of the program and the metrics that will be used in assessing progress toward those objectives. ``(B) Outcomes.--Not later than 3 years after the date of enactment of this subsection, the Secretary shall transmit to Congress a report containing-- ``(i) a summary of the activities carried out under this subsection; ``(ii) an assessment of the impact of such activities on the innovative capacity of small- and medium-sized manufacturers receiving assistance under the pilot program; and ``(iii) any recommendations for administrative and legislative action that could optimize the effectiveness of the pilot program. ``(9) Coordination and nonduplication.--To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this subsection are coordinated with, and do not duplicate the efforts of, other programs within the Federal Government. ``(10) Eligible research institutions defined.--For the purposes of this subsection, the term `eligible research institution' means-- ``(A) an institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(B) a Federal laboratory; ``(C) a federally funded research and development center; or ``(D) a Hollings Manufacturing Extension Center established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). ``(11) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out the pilot program in this subsection $5,000,000 for each of fiscal years 2013 through 2017.''. SEC. 5. ADVANCED MANUFACTURING EDUCATION. Section 506(b) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-1(b)) is amended to read as follows: ``(b) Advanced Manufacturing Education.--The Director shall award grants, on a competitive, merit-reviewed basis, to community colleges for the development and implementation of innovative advanced manufacturing education reforms to ensure an adequate and well-trained advanced manufacturing workforce. Activities supported by grants under this subsection may include-- ``(1) the development or expansion of educational materials, courses, curricula, strategies, and methods that will lead to improved advanced manufacturing degree or certification programs, including the integration of industry standards and workplace competencies into the curriculum; ``(2) the development and implementation of faculty professional development programs that enhance a faculty member's capabilities and teaching skills in advanced manufacturing, including efforts to understand current advanced manufacturing technologies and practices; ``(3) the establishment of centers that provide models and leadership in advanced manufacturing education and serve as regional or national clearinghouses for educational materials and methods; ``(4) activities to enhance the recruitment and retention of students into certification and degree programs in advanced manufacturing, including the provision of improved mentoring and internship opportunities; and ``(5) other activities as determined appropriate by the Director.''. | Advancing Innovative Manufacturing Act of 2012 - Amends the National Institute of Standards and Technology Act to require the Director of the National Institute of Standards and Technology (NIST) to carry out a program to develop and support industry-led consortia that will identify, prioritize, and address long-term, precompetitive industrial research needs in the area of advanced manufacturing, including through the use of technology roadmaps and transfer of technology platforms and infrastructure. Requires the Director to carry out a pilot program (through the award of competitive, merit-reviewed grants, cooperative agreements, or contracts to small- or medium-sized manufacturers through a uniform process) to enhance the innovative capabilities and competitiveness of such manufacturers through support for research and development that will promote the field of advanced manufacturing and lead to the commercialization of new products, processes, or technologies. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish an innovation voucher pilot program to accelerate innovative activities and enhance the competitiveness of small- and medium-sized manufacturers, which shall: (1) foster collaborations between such manufacturers and research institutions, and (2) enable the manufacturers to access technical expertise and capabilities that will lead to the development of innovative products or manufacturing processes. Amends the America COMPETES Reauthorization Act of 2010 to revise the program of grants for education and training in advanced manufacturing so that such grants are provided to community colleges for the development and implementation of innovative education reforms to ensure an adequate and well-trained advanced manufacturing workforce. Lists activities that may be supported by such grants, including for: (1) the development of teaching materials and methods, (2) faculty professional development, (3) centers to provide models and leadership, and (4) activities to enhance student recruitment and retention. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Notch Act of 1993''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. Section 215(a) of the Social Security Act (42 U.S.C. 415(a)) is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the difference under old law, by ``(ii) the applicable percentage of the difference under old law to be added under subparagraph (A), as determined, in relation to the year in which the individual becomes eligible for old-age insurance benefits, by the following table: ``If the individual The percentage of becomes eligible for the difference under such benefits in: old law to be added is: 1979................................. 70 percent 1980................................. 45 percent 1981................................. 40 percent 1982................................. 35 percent 1983................................. 35 percent 1984................................. 35 percent 1985................................. 30 percent 1986................................. 30 percent 1987................................. 25 percent 1988................................. 25 percent 1989................................. 20 percent 1990................................. 20 percent 1991................................. 15 percent 1992................................. 15 percent 1993................................. 10 percent ``(C) For purposes of subparagraph (B), the term `difference under old law' means, in the case of any individual, the excess of-- ``(i) the applicable old law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable old law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) Applicability of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (2) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before the month in which this Act is enacted. (b) Recomputation to Reflect Benefit Increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for the month before the month in which this Act is enacted, if such benefits are based on a primary insurance amount computed-- (1) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Secretary of Health and Human Services (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. | Social Security Notch Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and are subject to the benefit computation rules of the Social Security Amendments of 1977. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Carbon Dioxide Storage Capacity Assessment Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Assessment.--The term ``assessment'' means the national assessment of geological storage capacity for carbon dioxide completed under this Act. (2) Capacity; geological storage capacity.--The terms ``capacity'' and ``geological storage capacity'' mean the portion of a storage formation that can retain carbon dioxide under the parameters (including physical, geological, and economic parameters) established under the methodology developed under this Act. (3) Engineered hazards.--The term ``engineered hazards'' includes the location and completion history of any well that could affect potential storage. (4) Risk.--The term ``risk'' includes risks posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (6) Storage formation.--The term ``storage formation'' means a saline formation, unmineable coal seam, or oil or gas reservoir capable of accommodating a volume of industrial carbon dioxide. SEC. 3. METHODOLOGY FOR NATIONAL ASSESSMENT OF GEOLOGICAL STORAGE CAPACITY FOR CARBON DIOXIDE. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Secretary shall develop a methodology for conducting a national assessment of the geological storage capacity for carbon dioxide. (b) Potential Storage Formations.--In developing the methodology under this section, the Secretary shall consider-- (1) the geographic extent of all potential storage formations in all 50 States; (2) the capacity of the potential storage formations; (3) the injectivity of the potential storage formations; (4) an estimate of potential volumes of oil and gas recoverable by injection and storage of industrial carbon dioxide in potential storage formations; and (5) the risk associated with the potential storage formations. (c) Coordination.-- (1) Federal coordination.-- (A) Consultation.--The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this Act to ensure the maximum usefulness and success of the assessment. (B) Cooperation.--The Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment. (2) State coordination.--The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment. (d) Opportunity for Review and Comment.--During the period beginning on the date that is 270 days after the date of enactment of this Act and ending not less than 45 days, and not more than 90 days, after the commencement of the assessment, the Secretary shall provide the heads of stakeholder Federal agencies, the heads of State land management agencies, industry stakeholders, and the public with an opportunity to review and comment on the proposed methodology developed under subsection (a). (e) Independent Verification.--During the period described in subsection (d), the Secretary shall convene a committee of subject matter experts composed of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to conduct a review of the methodology for capacity and risk estimation required to carry out this section. (f) Final Publication.--Not later than 90 days after the period described in subsection (d), the Secretary shall-- (1) publish in the Federal Register a description of the final methodology to be used for conducting the national assessment of the geological storage capacity for carbon dioxide required under subsection (a), taking into account any comments received under subsection (d) and the methodology review conducted under subsection (e); and (2) issue a public report that responds to the comments received under subsection (d) and the methodology review under subsection (e). SEC. 4. COMPLETION OF NATIONAL ASSESSMENT OF GEOLOGICAL STORAGE CAPACITY FOR CARBON DIOXIDE. (a) In General.--Not later than 2 years after the date of final publication of the methodology, the Secretary shall complete a national assessment of geological storage capacity for carbon dioxide using the methodology developed under section 3. (b) Database.-- (1) In general.--The Secretary shall establish a database on the Internet accessible to the public that provides the results of the assessment required under this section, including a detailed description of the data collected under the assessment. (2) Data.--The database shall include the data necessary to rank potential storage sites for capacity and risk, across the United States, within each State, by formation, and within each basin. (c) Report.-- (1) In general.--Not later than 180 days after the date on which the assessment required under this section is completed, the Secretary shall submit to the appropriate committees of Congress and the President a report that describes the findings of the assessment. (2) Public availability.--The Secretary shall make the report required under this subsection available on the Internet. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for the period beginning on October 1 of the first full fiscal year after the date of enactment of this Act and ending 4 years thereafter. | National Carbon Dioxide Storage Capacity Assessment Act of 2007 - Requires the Secretary of the Interior (Secretary), acting through the Director of the U.S. Geological Survey, to develop a methodology for conducting a national assessment of the geological storage capacity for carbon dioxide. Sets forth elements for the Secretary to consider in developing the methodology. Requires the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to cooperate with the Secretary to ensure the usefulness and success of the assessment. Requires the Secretary to: (1) provide the heads of stakeholder federal agencies, the heads of state land management agencies, industry stakeholders, and the public with an opportunity to review and comment on the proposed methodology; (2) convene a committee of subject matter experts to review the methodology for capacity and risk estimation; (3) publish a description of the final methodology and issue a public report that responds to the comments received and the methodology review; (4) complete a national assessment of geological storage capacity for carbon dioxide using the methodology; (5) establish a database on the Internet accessible to the public that provides the results of the assessment and includes the data necessary to rank potential storage sites for capacity and risk; and (6) report to Congress on the findings of the assessment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection and Family Support Act of 2017''. SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE ABUSE. (a) In General.--Section 472 of the Social Security Act (42 U.S.C. 672) is amended-- (1) in subsection (a)(2)(C), by striking ``or'' and inserting ``, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a''; and (2) by adding at the end the following: ``(j) Children Placed With a Parent Residing in a Licensed Residential Family-Based Treatment Facility for Substance Abuse.-- ``(1) In general.--Notwithstanding the preceding provisions of this section, a child who is eligible for foster care maintenance payments under this section, or who would be eligible for the payments if the eligibility were determined without regard to paragraphs (1)(B) and (3) of subsection (a), shall be eligible for the payments for a period of not more than 12 months during which the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse, but only if-- ``(A) the recommendation for the placement is specified in the child's case plan before the placement; ``(B) the treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling; and ``(C) the substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. ``(2) Application.--With respect to children for whom foster care maintenance payments are made under paragraph (1), only the children who satisfy the requirements of paragraphs (1)(B) and (3) of subsection (a) shall be considered to be children with respect to whom foster care maintenance payments are made under this section for purposes of subsection (h) or section 473(b)(3)(B).''. (b) Conforming Amendment.--Section 474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)) is amended by inserting ``subject to section 472(j),'' before ``an amount equal to the Federal''. SEC. 3. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES AFFECTED BY SUBSTANCE ABUSE. Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is amended-- (1) in the subsection heading, by striking ``Increase the Well-being of, and to Improve the Permanency Outcomes for, Children Affected by'' and inserting ``Implement IV-E Prevention Services, and Improve the Well-Being of, and Improve Permanency Outcomes for, Children and Families Affected by Methamphetamine, Heroin, Opioids, and Other''; (2) by striking paragraph (2) and inserting the following: ``(2) Regional partnership defined.--In this subsection, the term `regional partnership' means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following: ``(A) Mandatory partners for all partnership grants.-- ``(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E. ``(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act. ``(B) Mandatory partners for partnership grants proposing to serve children in out-of-home placements.--If the partnership proposes to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families who come to the attention of the court due to child abuse or neglect. ``(C) Optional partners.--At the option of the partnership, any of the following: ``(i) An Indian tribe or tribal consortium. ``(ii) Nonprofit child welfare service providers. ``(iii) For-profit child welfare service providers. ``(iv) Community health service providers, including substance abuse treatment providers. ``(v) Community mental health providers. ``(vi) Local law enforcement agencies. ``(vii) School personnel. ``(viii) Tribal child welfare agencies (or a consortia of the agencies). ``(ix) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart. ``(D) Exception for regional partnerships where the lead applicant is an indian tribe or tribal consortia.--If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium-- ``(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement; ``(ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies); and ``(iii) if the condition described in paragraph (2)(B) applies, may include tribal court organizations in lieu of other judicial partners.''; (3) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``2012 through 2016'' and inserting ``2018 through 2022''; and (ii) by striking ``$500,000 and not more than $1,000,000'' and inserting ``$250,000 and not more than $1,000,000''; (B) in subparagraph (B)-- (i) in the subparagraph heading, by inserting ``; planning'' after ``approval''; (ii) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (iii) by adding at the end the following: ``(iii) Sufficient planning.--A grant awarded under this subsection shall be disbursed in 2 phases: a planning phase (not to exceed 2 years); and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase.''; and (C) by adding at the end the following: ``(D) Limitation on payment for a fiscal year.--No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.''; (4) in paragraph (4)-- (A) in subparagraph (B)-- (i) in clause (i), by inserting ``, parents, and families'' after ``children''; (ii) in clause (ii), by striking ``safety and permanence for such children; and'' and inserting ``safe, permanent caregiving relationships for the children;''; (iii) in clause (iii), by striking ``or'' and inserting ``increase reunification rates for children who have been placed in out of home care, or decrease''; and (iv) by redesignating clause (iii) as clause (v) and inserting after clause (ii) the following: ``(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment; ``(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 471(e); and''; (B) in subparagraph (D), by striking ``where appropriate,''; and (C) by striking subparagraphs (E) and (F) and inserting the following: ``(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under section 471(e) and other funds provided to the State for child welfare and substance abuse prevention and treatment services. ``(F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective.''; (5) in paragraph (5)(A), by striking ``abuse treatment'' and inserting ``use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery''; (6) in paragraph (7)-- (A) by striking ``and'' at the end of subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies; and''; (7) in paragraph (8)-- (A) in subparagraph (A)-- (i) by striking ``establish indicators that will be'' and inserting ``review indicators that are''; and (ii) by striking ``in using funds made available under such grants to achieve the purpose of this subsection'' and inserting ``and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 471(e)(6)''; (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by inserting ``base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and'' before ``consult''; and (ii) by striking clauses (iii) and (iv) and inserting the following: ``(iii) Other stakeholders or constituencies as determined by the Secretary.''; (8) in paragraph (9)(A), by striking clause (i) and inserting the following: ``(i) Semiannual reports.--Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.''; and (9) in paragraph (10), by striking ``2012 through 2016'' and inserting ``2018 through 2022''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2017. | Child Protection and Family Support Act of 2017 This bill amends Part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the removal and foster care placement of a child to meet the requirements for foster care maintenance payments if the child has been placed with a parent residing in a licensed residential family-based treatment facility for substance abuse. The bill revises requirements for grants to regional partnerships delivering services and producing activities designed to implement IV-E prevention services, improve the well-being of, and improve permanency outcomes for, children and families affected by heroin, opioids and other substance abuse. This grant program is reauthorized for FY2018-FY2022. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Environmental Protection Act''. TITLE I--REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT OF ENVIRONMENTAL PROTECTION SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT OF ENVIRONMENTAL PROTECTION. (a) Redesignation.--The Environmental Protection Agency is redesignated as the Department of Environmental Protection (hereinafter in this Act referred to as the ``Department''), and shall be an executive department in the executive branch of the Government. The Department shall be headquartered at the seat of Government. The official acronym of the Department shall be ``D.E.P.''. (b) Secretary of the Environment.--(1) There shall be at the head of the Department a Secretary of Environmental Protection (hereinafter in this Act referred to as the ``Secretary'') who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Office of the Secretary.--The Office of the Secretary shall consist of the Secretary and the Deputy Secretary appointed under subsection (d), and may include an Executive Secretary. (c) Transfer.--The functions, powers, and duties of the Administrator, other officers and employees of the Environmental Protection Agency, and the various offices and agencies of the Environmental Protection Agency are transferred to and vested in the Secretary. (d) Deputy Secretary.--There shall be in the Department a Deputy Secretary of Environmental Protection, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe, and shall act as the Secretary during the absence or disability of the Secretary or in the event of a vacancy in the Office of the Secretary. (e) Delegation of Authority.--Except as provided in this Act and other existing laws, the Secretary may delegate any functions, including the making of regulations, to such officers and employees of the Department as the Secretary may designate, and may authorize such successive redelegations of such functions within the Department as the Secretary considers to be necessary or appropriate. SEC. 102. ASSISTANT SECRETARIES. (a) Establishment of Positions.--There shall be in the Department such number of Assistant Secretaries, not to exceed 10, as the Secretary shall determine, each of whom-- (1) shall be appointed by the President, by and with the advice and consent of the Senate; and (2) shall perform such functions as the Secretary shall prescribe. (b) Functions.--The Secretary shall assign to each Assistant Secretary of the Department such functions as the Secretary considers appropriate. (c) Designation of Functions Prior to Confirmation.--Whenever the President submits the name of an individual to the Senate for confirmation as an Assistant Secretary under this section, the President shall state the particular functions of the Department (as assigned by the Secretary under subsection (b)) such individual will exercise upon taking office. SEC. 103. DEPUTY ASSISTANT SECRETARIES. (a) Establishment of Positions.--There shall be in the Department 20 Deputy Assistant Secretaries, or such number as the Secretary determines is appropriate. (b) Appointments.--Each Deputy Assistant Secretary-- (1) shall be appointed by the Secretary; and (2) shall perform such functions as the Secretary shall prescribe. (c) Career Senior Executive Service.--At least one-half of positions established under subsection (a) and filled by subsection (b) shall be in the career Senior Executive Service. (d) Functions.--Functions assigned to an Assistant Secretary under section 102(b) may be performed by one or more Deputy Assistant Secretaries appointed to assist such Assistant Secretary. SEC. 104. OFFICE OF THE GENERAL COUNSEL. (a) General Counsel.--There shall be in the Department the Office of the General Counsel. There shall be at the head of such office a General Counsel who shall be appointed by the President, by and with the advice and consent of the Senate. The General Counsel shall be the chief legal officer of the Department and shall provide legal assistance to the Secretary concerning the programs and policies of the Department. (b) Deputy General Counsel.--There shall be in the Office of the General Counsel at least one Deputy General Counsel, who-- (1) shall be appointed by the General Counsel; and (2) shall perform such functions as the Secretary shall prescribe. SEC. 105. OFFICE OF INSPECTOR GENERAL. The Office of Inspector General of the Environmental Protection Agency, established in accordance with the Inspector General Act of 1978 (5 U.S.C. App.), is redesignated as the Office of Inspector General of the Department of Environmental Protection. SEC. 106. REGIONAL ADMINISTRATORS. There shall be in the Department not more than 11 regional administrators, each of whom shall be appointed by the Secretary. Political affiliation or political qualification may not be the primary factor taken into account in connection with the appointment of any person to a position as a regional administrator of the Department. Each regional administrator shall-- (1) perform in accordance with applicable law such of the functions transferred or delegated to or vested in the Secretary as the Secretary shall prescribe in accordance with the provisions of this Act and other applicable law; and (2) implement program policies and priorities as established by the Secretary, Assistant Secretaries, and Deputy Secretaries. SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS. (a) Redesignation of Positions.--(1) The Administrator of the Environmental Protection Agency is redesignated as the Secretary of the Department of Environmental Protection. (2) The Deputy Administrator of such agency is redesignated as the Deputy Secretary of the Department of Environmental Protection. (3) Each Assistant Administrator of such agency is redesignated as an Assistant Secretary of the Department. (4) The General Counsel of such agency is redesignated as the General Counsel of the Department. (5) The Inspector General of such agency is redesignated as the Inspector General of the Department. (b) Not Subject to Renomination or Reconfirmation.--An individual serving at the pleasure of the President in a position that is redesignated by subsection (a) may continue to serve in and perform functions of that position after the date of the enactment of this Act without renomination by the President or reconfirmation by the Senate. SEC. 108. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document-- (1) to the Environmental Protection Agency is deemed to refer to the Department of Environmental Protection; (2) to the Administrator of the Environmental Protection Agency is deemed to refer to the Secretary of Environmental Protection; (3) to the Deputy Administrator of the Environmental Protection Agency is deemed to refer to the Deputy Secretary of Environmental Protection; and (4) to an Assistant Administrator of the Environmental Protection Agency is deemed to refer to the corresponding Assistant Secretary of the Department of Environmental Protection who is assigned the functions of that Assistant Administrator. SEC. 109. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, privileges, and other administrative actions-- (1) which have been issued, made, granted or allowed to become effective by the President, the Administrator or other authorized official of the Environmental Protection Agency, or by a court of competent jurisdiction, which relate to functions of the Administrator or any other officer or agent of the Environmental Protection Agency actions; and (2) which are in effect at the time this Act takes effect; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--This Act shall not affect any proceeding, proposed rule, or application for any license, permit, certificate, or financial assistance pending before the Environmental Protection Agency at the time this Act takes effect, and such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits Not Affected.--This Act shall not affect suits commenced before the effective date of this Act, and in all such suits proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Environmental Protection Agency, or by or against any individual in the official capacity of such individual as an officer of the Environmental Protection Agency, shall be abated by reason of the enactment of this Act. (e) Property and Resources.--The contracts, liabilities, records, property, and other assets and interests of the Environmental Protection Agency shall, after the effective date of this Act, be considered to be contracts, liabilities, records, property, and other assets and interests of the Department. SEC. 110. CONFORMING AMENDMENTS. (a) Presidential Succession.--Section 19(d)(1) of title 3, United States Code, is amended by inserting before the period at the end thereof the following: ``, Secretary of Environmental Protection''. (b) Definition of Department in Civil Service Laws.--Section 101 of title 5, United States Code, is amended by adding at the end thereof the following: ``The Department of Environmental Protection.''. (c) Compensation, Level I.--Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following: ``Secretary of Environmental Protection.''. (d) Compensation, Level II.--Section 5313 of title 5, United States Code, is amended by striking ``Administrator of Environmental Protection Agency'' and inserting in lieu thereof ``Deputy Secretary of Environmental Protection''. (e) Compensation, Level IV.--Section 5315 of title 5, United States Code, is amended-- (1) by striking ``Inspector General, Environmental Protection Agency'' and inserting in lieu thereof ``Inspector General, Department of Environmental Protection''; (2) by striking each reference to an Assistant Administrator, or Assistant Administrators, of the Environmental Protection Agency; and (3) by adding at the end thereof the following: ``Assistant Secretaries, Department of Environmental Protection. ``General Counsel, Department of Environmental Protection.''. (f) Inspector General Act.--The Inspector General Act of 1978 is amended-- (1) in section 11(1)-- (A) by inserting ``Environmental Protection,'' after ``Energy,''; and (B) by striking ``Environmental Protection,''; and (2) in section 11(2)-- (A) by inserting ``Environmental Protection,'' after ``Energy,''; and (B) by striking ``the Environmental Protection Agency,''. SEC. 111. ADDITIONAL CONFORMING AMENDMENTS. After consultation with the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, and other appropriate committees of the Congress, the Secretary shall prepare and submit to the Congress proposed legislation containing technical and conforming amendments to the laws of the United States, to reflect the changes made by this Act. Such proposed legislation shall be submitted not later than 1 year after the effective date of this Act. TITLE II--ADMINISTRATIVE PROVISIONS SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS. The Secretary may acquire any of the following rights if the property acquired thereby is for use by or for, or useful to, the Department: (1) Copyrights, patents, and applications for patents, designs, processes, and manufacturing data. (2) Licenses under copyrights, patents, and applications for patents. (3) Releases, before suit is brought, for past infringement of patents or copyrights. SEC. 202. GIFTS AND BEQUESTS. The Secretary may accept, hold, administer, and utilize gifts, bequests, and devises of real or personal property for the purpose of aiding or facilitating the work of the Department. Gifts, bequests, and 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 Secretary. SEC. 203. OFFICIAL SEAL OF DEPARTMENT. On and after the effective date of this Act, the seal of the Environmental Protection Agency, with appropriate changes, shall be the official seal of the Department, until such time as the Secretary may cause an official seal to be made for the Department of such design as the Secretary shall approve. SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPARTMENT. (a) Display of Seal.--Whoever knowingly displays any printed or other likeness of the official seal of the Department, or any facsimile thereof, in or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined not more than $250 or imprisoned not more than 6 months, or both. (b) Manufacture, Reproduction, Sale, or Purchases for Resale.-- Except as authorized under regulations promulgated by the Secretary and published in the Federal Register, whoever knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the official seal of the Department or any substantial part thereof (except for manufacture or sale of the article for the official use of the Government of the United States), shall be fined not more than $250 or imprisoned not more than 6 months, or both. (c) Injunctions.--A violation of subsection (a) or (b) may be enjoined by an action brought by the Attorney General in the appropriate district court of the United States. The Attorney General shall file such an action upon request of the Secretary or any authorized representative of the Secretary. SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUPPLIES OF ENVIRONMENTAL PROTECTION AGENCY. The Secretary shall ensure that, to the extent practicable, existing stationery, printed forms, and other supplies of the Environmental Protection Agency are used to carry out functions of the Department before procuring new stationery, printed forms, and other supplies for the Department. | TABLE OF CONTENTS: Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection Title II: Administrative Provisions TABLE OF CONTENTS: Department of Environmental Protection Act - Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President, by and with the advice and consent of the Senate. Title II: Administrative Provisions - Sets forth administrative provisions applicable to such designation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``DME Access and Stabilization Act of 2015''. SEC. 2. REVISION OF PAYMENTS FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM. (a) Transition to Implementation of Fee Schedule Payment Adjustments Using Information From Competitive Bidding Programs.-- Section 1834(a)(1) of the Social Security Act (42 U.S.C. 1395m(a)(1)) is amended by adding at the end the following new subparagraph: ``(J) Transition to implementation of payment adjustments using information from competitive bidding programs.-- ``(i) In general.--In implementing subparagraph (F) and paragraphs (1) and (2) of section 414.210(g) of title 42, Code of Federal Regulations with respect to items and services furnished on or after January 1, 2016, and before January 1, 2019, the fee schedule amount that would otherwise be determined for each area under this section shall be adjusted to the lesser of-- ``(I) the applicable percent of the regional price determined under clause (i) of such paragraph (1) for the region in which such area is located; and ``(II) the fee schedule amount that would otherwise be determined for such area under this section on January 1, 2015, updated by the covered item update described in paragraph (14)(L) for the year in which the items and services to which such fee schedule applies are furnished. ``(ii) Applicable percent.--For purposes of clause (i)(I), the term `applicable percent' means-- ``(I) for an area defined as a rural area for purposes of such section 414.210(g) or an area in a frontier State (as defined in section 1886(d)(3)(E)(iii)(II)), 130 percent; and ``(II) for any other area, 120 percent. ``(iii) Phase-in.--The adjustment described in clause (i) shall be implemented over a two- year period and in a manner that phases in such adjustment in equal increments in each year of such two-year period, with such adjustment being fully implemented with respect to items and services furnished in 2017.''. (b) Bid Ceiling for Competitive Acquisition for Durable Medical Equipment Under the Medicare Program.--Section 1847(b)(5) of the Social Security Act (42 U.S.C. 1395w-3(b)(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``, subject to subparagraph (E),'' after ``subsection (a)(2)''; and (B) by inserting ``, subject to subparagraph (E),'' after ``Based on such bids''; and (2) by adding at the end the following new subparagraph: ``(E) Bid ceiling for durable medical equipment.-- In the case of covered items (as defined in section 1834(a)(13)) for which payment would otherwise be made under section 1834(a) that are furnished with respect to competitive bid contracts that begin on or after January 1, 2019, the Secretary may not establish a ceiling on bids submitted under this section for such items that is less than the amount that would otherwise be paid for such items under section 1834 (without the application of subsection (a)(1)(F) of such section) on January 1, 2015, updated by the covered item update described in subsection (a)(14)(L) of such section for the year in which such covered item is furnished.''. (c) Requirements in Determining Adjustments Using Information From Competitive Bidding Programs.--Section 1834(a)(1)(G) of the Social Security Act (42 U.S.C. 1395m(a)(1)(G)) is amended by adding at the end the following new sentence: ``In the case of items and services furnished on or after January 1, 2019, in making any adjustments under clause (ii) or (iii) of subparagraph (F), the Secretary shall solicit and receive stakeholder input and shall also take into account the average travel distance and cost associated with furnishing items and services in a competitive acquisition area, the average volume of items and services furnished by providers in such an area, the clearing price of items and services, and the number of providers in competitive acquisition areas compared to the number of providers in non- competitive acquisition areas.''. SEC. 3. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES. (a) Medicaid Reimbursement.-- (1) In general.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) in paragraph (25), by striking ``or'' at the end; (B) in paragraph (26), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended by the State on the basis of a fee schedule for items described in section 1861(n), as determined in the aggregate with respect to each class of such items as defined by the Secretary, in excess of the aggregate amount, if any, that would be paid for such items within such class on a fee-for-service basis under the program under part B of title XVIII, including, as applicable, under a competitive acquisition program under section 1847 in an area of the State.''. (2) Effective date.--The amendments made by this subsection shall be effective with respect to payments for items furnished on or after January 1, 2020. (b) Medicare Beneficiary Ombudsman.--Section 1808(c) of the Social Security Act (42 U.S.C. 1395b(c)) is amended by adding at the end the following new paragraph: ``(4) Monitoring dme reimbursement under medicaid.--The Medicare Beneficiary Ombudsman shall evaluate the impact of the competitive acquisition program under section 1847, including as applied under section 1903(i)(27), on beneficiary health status and health outcomes.''. | DME Access and Stabilization Act of 2015 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions relating to payment for durable medical equipment (DME) under the Medicare and Medicaid programs. (DME includes certain medically necessary equipment such as walkers, wheelchairs, and hospital beds.) With respect to DME furnished in areas that are not competitive acquisition areas, current regulations require the Centers for Medicare & Medicaid (CMS) to phase in, over a two-year period, Medicare payment adjustments using information from competitive acquisition programs. (Through such programs, payment amounts for each area are determined based on competitive bids submitted by suppliers, rather than according to an established fee schedule.) The bill codifies this requirement and specifies that CMS shall adjust fee schedule amounts to the lesser of: (1) a specified percentage of the regional amount; and (2) the amount that would otherwise be determined according to the fee schedule, with specified adjustments. In determining Medicare payment adjustments for areas that are not competitive acquisition areas, CMS shall solicit stakeholder input and take into account several specified factors. CMS may not establish a ceiling on competitive bids submitted for DME that is less than the amount that would otherwise be paid under Medicare. The Medicare Beneficiary Ombudsman shall evaluate the impact of the competitive acquisition program on beneficiary health status and health outcomes. The bill limits federal Medicaid reimbursement rates to states for DME to the rates that would be paid for such items under Medicare. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other diseases, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Studies indicate that the actual number of tick-borne disease cases are approximately 10 times the amount reported. (7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. SEC. 3. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Duties.--The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints are represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (c) Membership.-- (1) Appointed members.-- (A) In general.--From among individuals who are not officers or employees of the Federal Government, the Secretary shall appoint to the Committee, as voting members, an equal number of individuals from each of the groups described in clauses (i) through (v) of subparagraph (B). (B) Groups.--The groups described in this subparagraph include the following: (i) Scientific community members representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) Representatives of tick-borne disease voluntary organizations. (iii) Health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) Patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) Representatives of State and local health departments and national organizations that represent State and local health professionals. (C) Diversity.--In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons.--The Secretary shall designate the Assistant Secretary of Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment.--The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $250,000 for each of the fiscal years 2008 through 2011. Amounts appropriated under the preceding sentence shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee. SEC. 4. FEDERAL ACTIVITIES RELATED TO THE DIAGNOSIS, SURVEILLANCE, PREVENTION, AND RESEARCH OF LYME AND OTHER TICK-BORNE DISEASES. (a) In General.--The Secretary, acting as appropriate through the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Agency for Healthcare Research and Quality, as well as additional Federal agencies as the Secretary determines to be appropriate, and in consultation with the Tick-Borne Diseases Advisory Committee, shall provide for the coordination of all Federal programs and activities related to Lyme and other tick-borne diseases, including the activities described in paragraphs (1) through (4) of subsection (b). (b) Activities.--The activities described in this subsection are the following: (1) Development of diagnostic tests.--Such activities include-- (A) the development of sensitive and more accurate diagnostic tools and tests, including a direct detection test for Lyme disease capable of distinguishing active infection from past infection; (B) improving the efficient utilization of diagnostic testing currently available to account for the multiple clinical manifestations of both acute and chronic Lyme disease; and (C) providing for the timely evaluation of promising emerging diagnostic methods. (2) Surveillance and reporting.--Such activities include surveillance and reporting of Lyme and other tick-borne diseases-- (A) to accurately determine the prevalence of Lyme and other tick-borne disease; (B) to evaluate the feasibility of developing a reporting system for the collection of data on physician-diagnosed cases of Lyme disease that do not meet the surveillance criteria of the Centers for Disease Control and Prevention in order to more accurately gauge disease incidence; and (C) to evaluate the feasibility of creating a national uniform reporting system including required reporting by laboratories in each State. (3) Prevention.--Such activities include-- (A) the provision and promotion of access to a comprehensive, up-to-date clearinghouse of peer- reviewed information on Lyme and other tick-borne disease; (B) increased public education related to Lyme and other tick-borne diseases through the expansion of the Community Based Education Programs of the Centers for Disease Control and Prevention to include expansion of information access points to the public; (C) the creation of a physician education program that includes the full spectrum of scientific research related to Lyme and other tick-borne diseases; and (D) the sponsoring of scientific conferences on Lyme and other tick-borne diseases, including reporting and consideration of the full spectrum of clinically- based knowledge, with the first of such conferences to be held not later than 24 months after the date of enactment of this Act. (4) Clinical outcomes research.--Such activities include-- (A) the establishment of epidemiological research objectives to determine the long term course of illness for Lyme disease; and (B) determination of the effectiveness of different treatment modalities by establishing treatment outcome objectives. (c) Authorization of Appropriations.--For the purposes of carrying out this section, and for the purposes of providing for additional research, prevention, and educational activities for Lyme and other tick-borne diseases, there is authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012. Such authorization is in addition to any other authorization of appropriations available for such purpose. SEC. 5. REPORTS ON LYME AND OTHER TICK-BORNE DISEASES. (a) In General.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (b) Content.--Reports under subsection (a) shall contain-- (1) significant activities or developments related to the surveillance, diagnosis, treatment, education, or prevention of Lyme or other tick-borne diseases, including suggestions for further research and education; (2) a scientifically qualified assessment of Lyme and other tick-borne diseases, including both acute and chronic instances, related to the broad spectrum of empirical evidence of treating physicians, as well as published peer reviewed data, that shall include recommendations for addressing research gaps in diagnosis and treatment of Lyme and other tick-borne diseases and an evaluation of treatment guidelines and their utilization; (3) progress in the development of accurate diagnostic tools that are more useful in the clinical setting for both acute and chronic disease; and (4) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne diseases. | Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2007 - Requires the Secretary of Health and Human Services to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding how officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases. Requires the Secretary, acting through the appropriate federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) accurately determining the prevalence of such diseases; (4) evaluating the feasibility of creating a national uniform reporting system; (5) providing and promoting access to a clearinghouse of information on such diseases; (6) increasing public education related to such diseases; (7) creating a physician education program; (8) establishing epidemiological research objectives to determine the long term course of illness for Lyme disease; and (9) determining the effectiveness of different treatment modalities by establishing treatment outcome objectives |
SECTION 1. FINDING. Congress finds that the exchange of Federal land and non-Federal land under this Act furthers the public objectives referred to in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) for the following reasons: (1) On December 21, 2007, the Bureau of Land Management issued a Final Decision Record and Finding of No Significant Impact approving the Blackrock Land Exchange, IDI-35337, between the United States and the J.R. Simplot Company, an Idaho Corporation, involving Federal land in the Pocatello Field Office in the State of Idaho. (2) The Final Decision Record was issued as a result of a multiyear review and public input process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), under which the Bureau of Land Management found-- (A)(i) the 2 parcels of Federal land comprising 718.56 acres that are proposed for conveyance to the J.R. Simplot Company are managed by the Bureau of Land Management in the State of Idaho; and (ii) the conveyance of the Federal land described in clause (i) is consistent with-- (I) the multiple-use statutory mission of the Bureau of Land Management; and (II) the Pocatello Resource Management Plan; (B) the 3 parcels of non-Federal land comprising 666.92 acres that are proposed for conveyance to the United States-- (i) are owned by the J.R. Simplot Company; and (ii) provide greater resources and values to the United States than the resources and values of the Federal land, including through the United States-- (I) consolidating Federal land; (II) gaining direct access to adjacent Federal land; and (III) acquiring critical deer habitat; (C) the Federal land is adjacent to the phosphate ore processing facility of the J.R. Simplot Company; (D) carrying out the land exchange under this Act would provide a buffer and an expansion area for a possible phosphate disposal facility; (E) the land exchange under this Act would not authorize any potential future siting of a new phosphate disposal facility or related facilities because other governmental entities, primarily the State of Idaho and the Environmental Protection Agency, would still have the responsibility and authority to make decisions relating to the approval of any future phosphate disposal facilities; and (F) after consultation with the Shoshone-Bannock Tribes, a federally recognized Tribe with Tribal headquarters at Fort Hall, Idaho, the Bureau of Land Management determined that-- (i) the land exchange authorized under this Act would result in a net loss of 52 acres of public land; but (ii) the loss of public land acreage would be outweighed by the superior natural resources acquired in the land exchange that would enhance and increase opportunities for off- Reservation hunting and gathering by members of the Tribes. (3) On June 5, 2009, the Interior Board of Land Appeals of the Department of the Interior issued an order, numbered IBLA 2009-27, affirming the Final Decision Record of the Bureau of Land Management. (4) On May 3, 2011, the Federal District Court for the District of Idaho issued a decision finding that the Bureau of Land Management violated the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by failing to prepare a full environmental impact statement on detailed future uses, rather than an environmental assessment, with respect to the proposed land exchange. (5) The Bureau of Land Management and the J.R. Simplot Company-- (A) disagreed with the decision described in paragraph (4); and (B) argued that the Final Decision Record adequately analyzed the foreseeable environmental effects of the land exchange authorized under this Act. (6) The fundamental disagreement over the level of analysis needed to complete the land exchange authorized under this Act raises the possibility of an endless cycle of Federal analysis and litigation that has no certain outcome, not only for the Federal land to be exchanged under this Act, but also for other land owned by the United States that is identified for disposal. (7) The land exchange authorized under this Act-- (A) would permanently resolve the conflict relating to the Federal land and non-Federal land; and (B) is in the public interest. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the 2 parcels of Federal land within the Pocatello Field Office in the State, comprising a total of approximately 718.56 acres, as identified in ``Exhibit A--Federal Land'' in the Final Decision Record. (2) Final decision record.--The term ``Final Decision Record'' means the Final Decision Record and Finding of No Significant Impact of the Bureau of Land Management issued by the Bureau of Land Management on December 21, 2007, approving the Blackrock Land Exchange, IDI-35337, involving Federal land in the Pocatello Field Office in the State. (3) J.R. simplot.--The term ``J.R. Simplot'' means the J.R. Simplot Company, a Corporation in the State, with headquarters in Boise, Idaho. (4) Non-federal land.--The term ``non-Federal land'' means the 3 parcels of land owned by J.R. Simplot, comprising a total of approximately 666.92 acres, as identified in ``Exhibit B-- Non-Federal Land'' in the Final Decision Record. (5) Order.--The term ``Order'' means the order of the Interior Board of Land Appeals of the Department of the Interior numbered IBLA 2009-27 and issued on June 5, 2009. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Idaho. SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) Requirement for Land Exchange.-- (1) In general.--Subject to the provisions of this Act, if J.R. Simplot offers to convey to the Secretary all right, title, and interest of J.R. Simplot in and to the non-Federal land, the Secretary shall convey to J.R. Simplot all right, title, and interest of the United States in and to the Federal land. (2) Deadline for completion.--The land exchange under this Act shall be completed by not later than 90 days after the date of enactment of this Act. (b) Form of Conveyance.-- (1) Non-federal land.--Title to the non-Federal land conveyed by J.R. Simplot to the Secretary shall-- (A) be by general warranty deed; (B) be subject to existing rights of record; and (C) otherwise conform to the title approval standards of the Attorney General applicable to land acquisitions by the Federal Government. (2) Federal land.--The Federal land to be conveyed under this Act shall be quitclaimed by the Secretary to J.R. Simplot by an exchange deed. (c) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall finalize maps and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the maps or in the legal descriptions. The maps and legal descriptions shall be on file and available for public inspection in appropriate offices of the Secretary. (d) Costs of Exchange.--J.R. Simplot shall pay, or reimburse the Secretary, for all land survey, land title, deed preparation, and other costs incurred by the Secretary in carrying out the land exchange under this Act. SEC. 4. VALUATION OF FEDERAL LAND AND NON-FEDERAL LAND. (a) Findings.--Congress finds that-- (1) appraisals for the Federal land and non-Federal land to be exchanged under this Act have been-- (A) completed under the direction and control of the Office of Valuation Services of the Department of the Interior; and (B) approved by the Secretary in conjunction with preparation of the Final Decision Record; (2) the appraisals described in paragraph (1) determined that the value of the Federal land exceeded the value of the non-Federal land by approximately $5,000; and (3) based on the appraisals described in paragraph (1), J.R. Simplot would make a $5,000 cash equalization payment to the Secretary to equalize the values of the Federal land and non-Federal land in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1706). (b) Appraised Values of Federal Land and Non-Federal.-- (1) In general.--The appraised values of the Federal land and non-Federal land approved by the Secretary in the Final Decision Record shall be the values used for purposes of the land exchange under this Act. (2) No reappraisal.--The Federal land and non-Federal land shall not be subject to reappraisal for purposes of the land exchange under this Act. SEC. 5. EFFECT AND JUDICIAL REVIEW. (a) Effect.--The exchange of Federal land and non-Federal land under this Act shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Judicial Review.--The exchange of Federal land and non-Federal land under this Act-- (1) shall not be subject to judicial or administrative review; and (2) shall not abrogate, or otherwise have any effect on, the Order. | This bill directs the Department of the Interior, if the J.R. Simplot Company offers to convey three identified parcels of land, to convey to the Simplot Company two identified parcels of federal land within the Pocatello Field Office of the Bureau of Land Management in Idaho. The bill states that the exchange of such federal and nonfederal lands shall not constitute a major federal action for purposes of the National Environmental Policy Act of 1969. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Democracy Restoration Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas where discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections-- (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) Two States do not disenfranchise individuals with criminal convictions at all (Maine and Vermont), but 48 States and the District of Columbia have laws that deny convicted individuals the right to vote while they are in prison. (6) In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 35 States, convicted individuals may not vote while they are on parole and 31 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (7) Several States deny the right to vote to individuals convicted of certain misdemeanors. (8) An estimated 5,850,000 citizens of the United States, or about 1 in 40 adults in the United States, currently cannot vote as a result of a felony conviction. Of the 5,850,000 citizens barred from voting, only 25 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,600,000 citizens who have completed their sentences remain disenfranchised due to restrictive State laws. In 6 States--Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia--more than 7 percent of the total population is disenfranchised. (9) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. Eight percent of the African-American population, or 2,000,000 African-Americans, are disenfranchised. Given current rates of incarceration, approximately 1 in 3 of the next generation of African-American men will be disenfranchised at some point during their lifetime. Currently, 1 of every 13 African-Americans are rendered unable to vote because of felony disenfranchisement, which is a rate 4 times greater than non African-Americans. 7.7 percent of African-Americans are disenfranchised whereas only 1.8 percent of non African-Americans are. In 3 States--Florida (23 percent), Kentucky (22 percent), and Virginia (20 percent)--more than 1 in 5 African-Americans are unable to vote because of prior convictions. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. If current incarceration trends hold, 17 percent of Latino men will be incarcerated during their lifetimes, in contrast to less than 6 percent of non-Latino White men. When analyzing the data across 10 States, Latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population. In 6 out of 10 States studied in 2003, Latinos constitute more than 10 percent of the total number of persons disenfranchised by State felony laws. In 4 States (California, 37 percent; New York, 34 percent; Texas, 30 percent; and Arizona, 27 percent), Latinos were disenfranchised by a rate of more than 25 percent. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (14) The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions. SEC. 3. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) In general.--A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. (a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2014 and may register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal Notification.-- (1) Notification.--Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2014 and may register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given-- (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. SEC. 7. RELATION TO OTHER LAWS. (a) State Laws Relating to Voting Rights.--Nothing in this Act shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg). SEC. 8. FEDERAL PRISON FUNDS. No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual's rights under section 3. SEC. 9. EFFECTIVE DATE. This Act shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. | Democracy Restoration Act of 2014 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Provides for enforcement of, and remedies for violations of, this Act. Prohibits this Act from being construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act. Declares that the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. Sets forth requirements for state and federal notification of individuals of the restoration of their voting rights. Prohibits any state, local government, or other person from receiving or using any federal funds to construct or improve a place of incarceration unless that person has in effect a program to notify each U.S. citizen incarcerated in that person's jurisdiction, upon release from such incarceration, of that individual's rights under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Medical Center Recovery Act''. SEC. 2. EVALUATION AND IMPROVEMENT OF MEDICAL CENTERS. (a) Underperforming Medical Centers.-- (1) In general.--Chapter 73 of title 38, United States Code, is amended by inserting after section 7311A the following new section: ``Sec. 7311B. Evaluation and improvement of medical centers ``(a) Identification of Underperforming Medical Centers.--(1) Not later than 15 days after the end of each fiscal quarter, the Secretary shall publish in the Federal Register and on a publically available, searchable Internet website of the Department a compilation of key health metrics for each medical center of the Department. ``(2) On a semiannual basis, the Secretary shall determine, under the key health metrics, whether each medical center of the Department is satisfactory or underperforming. ``(b) Rapid Deployment Teams.--(1) Not later than 30 days after the date on which the Secretary identifies a medical center as an underperforming medical center under subsection (a)(2), the Secretary shall deploy a rapid deployment team to the medical center to ensure that the medical center achieves satisfactory performance as quickly as practicable. ``(2) Each rapid deployment team deployed to an underperforming medical center under paragraph (1) shall-- ``(A) identify the areas of the medical center that require improvement, including with respect to the procedures of the medical center, inefficiencies of the medical center, and whether the medical center follows directives and best practices; ``(B) establish a remediation plan to improve the performance of the medical center; ``(C) review and assesses the status of any-- ``(i) disciplinary actions taken at the medical center; ``(ii) recommendations made by the Inspector General of the Department applicable to the medical center; and ``(iii) findings made by the Comptroller General of the United States applicable to the medical center; and ``(D) provide training to the director and staff of the medical center with respect to carrying out such improvements. ``(3) The Secretary shall ensure that-- ``(A) the director of each underperforming medical center carries out the remediation plan under paragraph (2)(B); and ``(B) the rapid deployment team has access to all facilities and all electronic systems, records, reports, audits, reviews, documents, papers, or other materials the rapid deployment team determines necessary to carry out this subsection. ``(4) Each rapid deployment team deployed to an underperforming medical center under paragraph (1) shall consist of-- ``(A) subject matter experts with experience in-- ``(i) customer service training; ``(ii) increasing the efficiency of organizations; ``(iii) clinical care specific to the areas in which the underperforming medical center requires improvement; and ``(iv) any other areas that the Secretary determines appropriate to improve the underperforming medical center; and ``(B) an employee of the Office of the Inspector General of the Department. ``(5) To the extent practicable, each rapid deployment team shall include process improvement subject matter experts from the Veterans Experience Office of the Department. ``(6) The Secretary shall determine the duration of the deployment of a rapid deployment team under paragraph (1). ``(c) Investigations and Whistleblower Protections.--(1) The Inspector General of the Department shall prioritize investigations relating to underperforming medical centers. ``(2) The Office of Accountability Review shall prioritize investigations of whistleblower retaliation relating to underperforming medical centers. ``(d) Quarterly Reports.--On a quarterly basis, the Secretary shall submit to Congress a report that includes, with respect to the quarter covered by the report-- ``(1) each identification of an underperforming medical center made by the Secretary; ``(2) the actions taken by the Secretary and rapid deployment teams with respect to improving underperforming medical centers; and ``(3) an update on any progress made by each underperforming medical center, including whether the underperforming medical center is carrying out the remediation plan pursuant to subsection (b)(3)(A). ``(e) Relationship to Quality Assurance and National Quality Management Officer.--The requirements of this section are in addition to any requirements under sections 7311 and 7311A of this title. ``(f) Definitions.--In this section: ``(1) The term `underperforming medical center' means a medical center of the Department that the Secretary determines is underperforming under subsection (a)(2). ``(2) The term `key health metrics' means the following: ``(A) The Strategic Analytics Improvement and Learning (commonly referred to as `SAIL') data used by the Department (or such successor data metric). ``(B) An evaluation system established by the Secretary based on the total data described in subparagraph (A) to determine whether the performance of a medical center is satisfactory or underperforming and requires remediation pursuant to this section.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 73 of such title is amended by adding after the item relating to section 7311A the following new item: ``7311B. Evaluation and improvement of medical centers''. (b) Initial Key Health Metrics Publication.--The Secretary shall publish the initial key health metrics under section 7311B(a)(1) of title 38, United States Code, as added by subsection (a)(1), by not later than 90 days after the date of the enactment of this Act. (c) Initial Identification of an Underperforming Medical Center.-- The Secretary shall make the initial identifications under section 7311B(a)(2) of title 38, United States Code, as added by subsection (a)(1), by not later than 180 days after the date of the enactment of this Act. SEC. 3. STANDARDIZED TRAINING FOR NURSES. (a) Training.--The Secretary of Veterans Affairs shall seek to enter into partnerships with recognized schools of nursing to provide undergraduate nursing students enrolled in such schools with standardized training with respect to the following: (1) The culture of the military and veterans. (2) Post-traumatic stress disorder. (3) Traumatic brain injury. (4) Amputation and assistive devices. (5) Environmental, chemical, and toxic exposure. (6) Substance use disorders. (7) Military sexual trauma. (8) Suicide. (9) Homelessness. (10) Serious illness at the end of life. (11) Benefits, services, and resources for veterans that are administered by the Federal Government. (b) Development.--In developing the training under subsection (a), the Secretary shall consult with appropriate accrediting bodies, schools of nursing, and industry leaders. Passed the House of Representatives February 9, 2016. Attest: KAREN L. HAAS, Clerk. | VA Medical Center Recovery Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to publish in the Federal Register and on a publicly available VA Internet website a compilation of key health metrics for each VA medical center. The VA shall: (1) determine on a semiannual basis whether each medical center is satisfactory or underperforming; and (2) upon a determination of underperformance, send a rapid deployment team to the center to ensure that it achieves satisfactory performance as quickly as practicable. A rapid deployment team shall: identify the areas of the medical center that require improvement and whether the center follows directives and best practices; establish a performance remediation plan; review the status of any disciplinary actions taken at the center, any recommendations made by the VA Inspector General, and any Government Accountability Office findings; and provide appropriate training to the director and staff. The Inspector General of the VA shall prioritize investigations regarding underperforming medical centers. The Office of Accountability Review shall prioritize investigations of whistleblower retaliation regarding underperforming medical centers. (Sec. 3) The VA shall seek to enter into partnerships with recognized schools of nursing to provide undergraduate nursing students enrolled in such schools with standardized training with respect to: the culture of the military and veterans; post-traumatic stress disorder; traumatic brain injury; amputation and assistive devices; environmental, chemical, and toxic exposure; substance use disorders; military sexual trauma; suicide; homelessness; serious illness at the end of life; and federal benefits, services, and resources for veterans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jamestown 400th Anniversary Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The founding of the colony at Jamestown, Virginia, in 1607, the first permanent English colony in America, and the capital of Virginia for 92 years, has major significance in the history of the United States. (2) The Jamestown Settlement brought people from throughout the Atlantic Basin together to form a society that drew upon the strengths and characteristics of English, European, African, and Native American cultures. (3) The economic, political, religious, and social institutions that developed during the first 9 decades of the existence of Jamestown continue to have profound effects on the United States, particularly in English common law and language, cross cultural relationships, manufacturing, and economic structure and status. (4) The National Park Service, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of Jamestown. (5) In 2000, Congress established the Jamestown 400th Commemoration Commission to ensure a suitable national observance of the Jamestown 2007 anniversary and to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Jamestown 2007 observances. (6) A commemorative coin will bring national and international attention to the lasting legacy of Jamestown, Virginia. (7) The proceeds from a surcharge on the sale of such commemorative coin will assist the financing of a suitable national observance in 2007 of the 400th anniversary of the founding of Jamestown, Virginia. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 5 dollar 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 dollar 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. (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. 3. SOURCES OF BULLION. The Secretary shall obtain gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. 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 settlement of Jamestown, Virginia, the first permanent English settlement in America. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2007''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Jamestown 2007 Steering Committee, created by the Jamestown-Yorktown Foundation of the Commonwealth of Virginia; (B) the National Park Service; and (C) the Commission of Fine Arts; and (2) reviewed by the citizens advisory committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the periodbeginning on January 1, 2007, and ending on December 31, 2007. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) Programs to promote understanding of the legacies of jamestown.--\1/2\ of the surcharges shall be used to support programs to promote the understanding of the legacies of Jamestown and for such purpose shall be paid to the Jamestown-Yorktown Foundation of the Commonwealth of Virginia. (2) Other purposes for surcharges.-- (A) In general.--\1/2\ of the surcharges shall be used for the following purposes: (i) To sustain the ongoing mission of preserving Jamestown. (ii) To enhance national and international educational programs relating to Jamestown, Virginia. (iii) To improve infrastructure and archaeological research activities relating to Jamestown, Virginia. (iv) To conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown, Virginia. (B) Recipients of surcharges for such other purposes.--The surcharges referred to in subparagraph (A) shall be distributed by the Secretary in equal shares to the following organizations for the purposes described in such subparagraph: (i) The Secretary of the Interior. (ii) The Association for the Preservation of Virginia Antiquities. (iii) The Jamestown-Yorktown Foundation of the Commonwealth of Virginia. (c) Audits.--The Jamestown-Yorktown Foundation of the Commonwealth of Virginia, the Secretary of the Interior, and the Association for the Preservation of Virginia Antiquities shall each be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. (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. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Jamestown 400th Anniversary Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury (the Secretary) to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins, which shall be emblematic of the settlement of Jamestown, Virginia (the first permanent English settlement in America). Provides for a $35 per coin surcharge for the $5 dollar coins and $10 per coin for the $1 dollar coins. Directs that: (1) half of the surcharges be used to support programs to promote the understanding of the legacies of Jamestown (to be paid to the Jamestown-Yorktown Foundation); and (2) half be used to sustain the ongoing mission of preserving Jamestown, to enhance national and international educational programs relating to Jamestown, to improve infrastructure and archaeological research activities relating to Jamestown, and conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown (to be distributed by the Secretary in equal shares to the Secretary of the Interior, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation). Prohibits such surcharge with respect to the issuance of any coin during a calendar year if the issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation. Authorizes the Secretary to issue guidance to implement this limitation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Accounting, Increased Liquidity, Oversight and Upholding Taxpayer Security Act of 2008'' or the ``No BAILOUTS Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) distinguished economists across the world have concluded the Secretary of the Treasury Paulson's $700 billion bailout will not resolve the liquidity concerns facing the financial sector; and (2) there are simple regulatory fixes to resolve the current financial industry liquidity concerns at little cost to the taxpayer. SEC. 3. S.E.C. REPORT ON APPLICATION OF ACCOUNTING RULES. The Securities and Exchange Commission shall report to Congress not later than 180 days after the date of enactment of this Act on the effect of the Commission's clarification on fair value accounting issued September 30, 2008. SEC. 4. PROHIBITION ON NAKED SHORT SELLING. (a) Extension of Order.--Notwithstanding the effective date contained in the order of the Securities and Exchange Commission issued September 17, 2008 (Release no. 34-58572) and the limitations contained in section 12(k)(2)(B) and (C) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)(B) and (C)), such order shall continue in effect until-- (1) cancelled or withdrawn by the Commission; or (2) repealed by Act of Congress. (b) Permanent Rule.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall, by rule, make permanent the requirements contained in the order described in subsection (a). Such rulemaking shall provide for the termination of such order upon the effective date of such permanent rule. SEC. 5. REINSTATEMENT OF UPTICK RULE ON SHORT SALES OF SECURITIES. Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall-- (1) reinstate rule 10a-1 of the Commission's rules (17 CFR 240.10a-1); (2) rescind rule 201 of regulation SHO (17 CFR 242.201); and (3) take such other actions as may be necessary to reinstate the price test restrictions that applied to short sales of securities prior to the Commission's action in the proceeding entitled ``Regulation SHO and Rule 10a-1'', adopted June 28, 2007 (Release No. 34-55970; File No. S7-21-06). SEC. 6. NET WORTH CERTIFICATE PROGRAM. (a) Establishment; Purposes.-- (1) Establishment.--As soon as possible after the date of the enactment of this Act, the Board of Directors of the Federal Deposit Insurance Corporation (hereafter in this section referred to as the ``Corporation'') shall establish a net worth certificate program under this section to provide capital to insured depository institutions (as such term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) to assist such institutions to resolve solvency problems. (2) Purposes.--The purposes of the net worth certificate program established under this section shall be-- (A) to improve the capital position of troubled insured depository institutions with real estate holdings; (B) to provide such insured depository institutions the ability to sell and restructure assets; and (C) to assist such institutions in their recovery without use of taxpayer funds. (b) Principles.--The net worth program established under this section shall-- (1) be based upon the Federal Savings and Loan Insurance Corporation net worth program established under title II of the Garn-St Germain Depository Institutions Act of 1982 (Public Law 97-320; 96 Stat. 1489); (2) be made available only for troubled financial depository institutions that the Corporation determines could be financially viable if provided solvency assistance under the program; (3) provide for the Corporation to purchase capital in troubled insured depository institutions in the form of subordinated debentures or net worth certificates in such institutions; (4) provide that insured depository institutions participating in the program shall agree to such regulations and terms of the program as the Corporation shall provide, which shall include strict oversight and supervision, including limitations on the compensation of senior executive officers of such institutions and terms for removal of officers for poor management; (5) provide that the Corporation shall fund net worth certificates under the program by issuance of Corporation senior notes and obligations to participating insured depository institutions; (6) provide that the interest rate on net worth certificates issued under the program and the senior notes and obligations issued under the program by the Corporation shall be identical; (7) not involve any subsidy, appropriation of funds, or other cash outlay or use of taxpayer funds; (8) provide that asset sale transactions under the program be held in the private market. (c) Regulations.--The Board of Directors of the Corporation shall prescribe any regulations necessary to carry out the net worth certificate program established under this section. SEC. 7. INCREASE IN MAXIMUM AMOUNT OF DEPOSIT INSURANCE AND SHARE INSURANCE. (a) Standard Maximum Deposit Insurance Amount Increased.--Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) in subparagraph (E), by striking ``$100,000'' and all that follows through the end of the subparagraph and inserting ``$250,000.''; and (2) in subparagraph (F)(i)(I), by striking ``$100,000'' and inserting ``$250,000''. (b) Standard Maximum Share Insurance Amount Increased.--Section 207(k)(5) of the Federal Credit Union Act (12 U.S.C. 1787(k)(5)) is amended by striking ``$100,000'' and inserting ``$250,000''. | Bringing Accounting, Increased Liquidity, Oversight and Upholding Taxpayer Security Act of 2008 or the No BAILOUTS Act of 2008 - Directs the Securities and Exchange Commission (SEC) to report to Congress on the effect of its clarification on fair value accounting issued September 30, 2008. States that the order of the SEC issued September 17, 2008, continues in effect until: (1) canceled or withdrawn by the SEC; or (2) repealed by an Act of Congress. Directs the SEC to: (1) reinstate rule 10a-1 (uptick rule on short sales of securities); (2) rescind rule 201 of regulation SHO; and (3) reinstate the price test restrictions that applied to short sales of securities before its action in the proceeding entitled "Regulation SHO and Rule 10a-1," adopted June 28, 2007. Requires the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) to establish a net worth certificate program to provide capital to assist insured depository institutions to resolve solvency problems. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to increase from $100,000 to $250,000 the standard maximum deposit and share insurance amount. |
SECTION 1. NATIONAL VOLUNTARY BIOENGINEERED FOOD LABELING STANDARD. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle E--National Voluntary Bioengineered Food Labeling Standard ``SEC. 291. DEFINITIONS. ``In this subtitle: ``(1) Bioengineering.--The term `bioengineering', and any similar term, as determined by the Secretary, with respect to a food, refers to a food-- ``(A) that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; and ``(B) for which the modification could not otherwise be obtained through conventional breeding or found in nature. ``(2) Food.--The term `food' has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``SEC. 292. APPLICABILITY. ``This subtitle shall apply to any claim in the labeling of food that indicates, directly or indirectly, that the food is a bioengineered food or bioengineering was used in the development or production of the food, including a claim that a food is or contains an ingredient that was developed or produced using bioengineering. ``SEC. 293. ESTABLISHMENT OF NATIONAL VOLUNTARY BIOENGINEERED FOOD LABELING STANDARD. ``(a) Establishment of Standard.--Not later than 2 years after the date of enactment of this subtitle, the Secretary shall-- ``(1) establish a national voluntary bioengineered food labeling standard with respect to-- ``(A) any bioengineered food; and ``(B) any food that may be bioengineered or may have been produced or developed using bioengineering; and ``(2) establish such requirements and procedures as the Secretary determines necessary to carry out the standard. ``(b) Regulations.-- ``(1) In general.--A food may be labeled as bioengineered only in accordance with regulations promulgated by the Secretary in accordance with this subtitle. ``(2) Requirements.--A regulation promulgated by the Secretary in carrying out this subtitle shall-- ``(A) prohibit any express or implied claim that a food is or is not safer or of higher quality solely based on whether the food is or is not-- ``(i) bioengineered; or ``(ii) produced or developed with the use of bioengineering; ``(B) determine the amounts of a bioengineered substance that may be present in food, as appropriate, in order for the food to be labeled as a bioengineered food; and ``(C) establish a process for requesting and granting a determination by the Secretary regarding other factors and conditions under which a food may be labeled as a bioengineered food. ``(c) State Food Labeling Standards.--Notwithstanding section 295, no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce any requirement for a food that is the subject of the bioengineered food labeling standard under this section that is not identical to that voluntary standard. ``SEC. 294. INFORMATION FOR CONSUMERS. ``(a) Education.--The Secretary, in coordination with other Federal agencies as appropriate, shall provide science-based information, including any information on the environmental, nutritional, economic, and humanitarian benefits of agricultural biotechnology, through education, outreach, and promotion to address consumer acceptance of agricultural biotechnology. ``(b) Mandatory Report; Publication.--Not later than 4 years after the date of enactment of this subtitle, the Secretary and the Secretary of Health and Human Services shall-- ``(1) submit to Congress a report on the availability of information regarding whether food is or is not bioengineered or whether bioengineering was or was not used in the development or production of the food, including information provided through-- ``(A) any relevant labeling requirements under-- ``(i) the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.); ``(ii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); ``(iii) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); ``(iv) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and ``(v) other relevant Federal authorities; ``(B) process verified programs; and ``(C) other voluntary programs or claims relating to a food that are not required by Federal law or approved by a Federal program; and ``(2) make the report publicly available. ``Subtitle F--Labeling of Certain Food ``SEC. 295. FEDERAL PREEMPTION. ``(a) Definition of Food.--In this subtitle, the term `food' has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(b) Federal Preemption.--No State or a political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food or seed in interstate commerce any requirement relating to the labeling of whether a food (including food served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the Secretary of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering.''. | . (Sec. 1) This bill amends the Agricultural Marketing Act of 1946 to require the Department of Agriculture (USDA) to establish a national voluntary bioengineered food labeling standard. The standard applies to food that either contains or was developed or produced using genetic material that: (1) has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques, and (2) could not otherwise be obtained through conventional breeding or found in nature. (Recombinant DNA is DNA that has been altered by joining genetic material from two or more different organisms.) USDA regulations implementing this bill must: prohibit claims regarding the safety or quality of food based on whether or not the food is bioengineered, determine the amounts of a bioengineered substance that may be present for a food to be labeled as bioengineered, and establish a process for requesting and granting determinations regarding other factors and conditions under which a food may be labeled as bioengineered. USDA must provide science-based information through education, outreach, and promotion to address consumer acceptance of agricultural biotechnology. USDA and the Department of Health and Human Services must report to Congress regarding the availability of information for determining whether food is bioengineered or bioengineering was used in the development or production process. The labeling standard established by this bill preempts state and local laws regarding the labeling of bioengineered or genetically engineered food or seeds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Risk Communication Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to present the public and Environmental Protection Agency officials with the most scientifically objective information concerning the nature and magnitude of health, safety, and environmental risks in order to provide for sound regulatory decisions and public education; (2) to provide for full consideration and discussion of relevant data and potential methodologies; (3) to require explanation of significant choices in the risk assessment process which will allow for better peer review and public understanding; and (4) to improve consistency within the Environmental Protection Agency in preparing risk assessments and risk characterizations. SEC. 3. EFFECTIVE DATE; APPLICABILITY; SAVINGS PROVISIONS. (a) Effective Date.--Except as otherwise specifically provided in this Act, the provisions of this Act shall take effect 2 years after the date of enactment of this Act. (b) Applicability.--(1) Except as provided in paragraph (2), this Act applies to all risk assessments and risk characterizations prepared by or on behalf of the Environmental Protection Agency in connection with health, safety, and environmental risks. (2) This Act does not apply to risk assessments or risk characterizations performed with respect to a situation that the Administrator considers to be an emergency. (c) Savings Provisions.--Nothing in this Act shall be construed to modify any statutory standard or requirement designed to protect health, safety, or the environment. SEC. 4. PRINCIPLES FOR RISK ASSESSMENT. (a) In General.--The Administrator of the Environmental Protection Agency shall apply the principles set forth in subsection (b) when preparing risk assessments in order to assure that such risk assessments and all of their components are, to the maximum extent possible, scientifically objective and inclusive of all relevant data. Discussions or explanations required under this section need not be repeated in each risk assessment document as long as there is a reference to the relevant discussion or explanation in another agency document. (b) Principles.--The principles to be applied when preparing risk assessments are the following: (1) The Administrator shall explicitly distinguish scientific findings in risk assessments from other considerations affecting the design and choice of regulatory strategies. (2) The Administrator shall consider and discuss both negative and positive laboratory or epidemiological data of sufficient quality when presenting assessments of human health risks. Where conflicts among such data appear to exist, the assessment shall include discussion of possible reconciliation of conflicting information, which may include differences in study designs, comparative physiology, routes of exposure, bioavailability, pharmacokinetics, and any other relevant factor. (3) Where the risk assessment process involves selection of any significant assumption, inference, or model the Administrator shall (A) present a representative list and explanation of plausible and alternative assumptions, inferences, or models; (B) explain the basis for any choices; and (C) identify any policy or value judgments. The Administrator shall also indicate the extent to which any significant model has been validated by or conflicts with empirical data. SEC. 5. PRINCIPLES FOR RISK CHARACTERIZATION. In characterizing risk in any risk assessment document, regulatory proposal or decision, report to Congress, or other document which is made available to the public, the Administrator shall comply with each of the following: (1) The Administrator shall characterize the populations or natural resources at risk. If a numerical estimate of risk is provided, the departments and agencies shall, to the extent feasible, provide the best estimate or estimates for the populations or natural resources at risk, given the information available to the Administrator, along with a statement of the reasonable range of scientific uncertainty. In addition to the best estimate, the Administrator may present plausible upper- bound or conservative estimates in conjunction with plausible lower bounds estimates. Where appropriate, the Administrator may present, in lieu of a single best estimate, multiple estimates based on assumptions, inferences, or models which are equally plausible, given current scientific understanding. (2) The Administrator shall explain the range of exposure scenarios used in any risk assessment, and, to the extent feasible, provide a statement of the size of the corresponding population at risk and the likelihood of such exposure scenarios. (3) To the extent feasible, the Administrator shall provide appropriate comparisons with estimates of other risks, including those that are familiar to and routinely encountered by the general public. (4) When the Administrator provides a risk assessment or risk characterization for proposed and final regulatory actions, such assessment or characterization shall include a statement of any known and significant substitution risks. (5) In any case in which the Administrator provides a public comment period with respect to a risk assessment or regulation, and a commenter provides a risk assessment and summary of results that is consistent with the principles and the guidance provided under this Act, the Administrator shall present the summary of results of such risk assessment in connection with the presentation of the Environmental Protection Agency's risk assessment (if any) or regulation. SEC. 6. GUIDANCE, PLAN FOR ASSESSING NEW INFORMATION, AND REPORT. (a) Guidance.--Within 18 months after the date of enactment of this Act, the Administrator shall issue guidance consistent with the risk assessment and characterization principles stated in sections 4 and 5 and shall provide a format for summarizing risk assessment results. (b) Additional Subjects Addressed.--In addition to including the principles set forth in sections 4 and 5, the guidance issued under this section shall include guidance on at least the following subjects: interspecies scaling factors; use of different types of dose-response models; thresholds; definitions, use, and interpretations of the maximum tolerated dose; weighting of positive and negative findings from sensitive species; evaluation of benign tumors, and evaluation of different health endpoints. (c) Plan.--Within 2 years after the date of enactment of this Act, the Administrator shall publish a plan to review and revise any risk assessment with respect to which the Environmental Protection Agency determines there is significant new information or methodologies available that could significantly alter the prior results of the risk assessment. The plan shall provide procedures for receiving and considering new information and risk assessments from the public. The plan may set priorities for review and revision of risk assessments based on factors the Administrator considers appropriate. (d) Report.--Within 3 years after the enactment of this Act, the Administrator shall provide a report to the Congress evaluating the policy and value judgments of the type identified under paragraph (3) of section 4 which are made by the Administrator in risk assessments performed for programs under the Toxic Substances Control Act and the effect these judgments have on the regulatory decisions of such programs. (e) Public Comment and Consultation.--The guidance, plan and report under this section, shall be developed after notice and opportunity for public comment and in consultation with the EPA Science Advisory Board, representatives of appropriate State agencies, and such other departments and agencies, offices, organizations, or persons as the Administrator considers advisable. (f) Review.--Guidance promulgated under this section shall be reviewed by the Administrator at least every 4 years in accordance with subsection (d). SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``risk assessment'' means the process of identifying hazards and quantifying or describing the degree of risk they pose for exposed individuals, populations, or resources. It also refers to the document containing the explanation of how the assessment process has been applied to an individual substance, activity, or condition. (2) The term ``risk characterization'' means that element of a risk assessment that involves presentation of the degree of risk in any regulatory proposal or decision, report to Congress, or other document which is made available to the public. The term includes discussions of uncertainties, conflicting data, estimates, extrapolations, inferences, and opinions. (3) The term ``best estimate'' means an estimate based on (A) central estimates of risk using the most unbiased assumptions and models, (B) an approach which combines multiple estimates based on different scenarios and weighs the probability of each scenario or (C) any other methodology designed to provide the most unbiased representation of the most plausible level of risk, given the current scientific information available to the Administrator. (4) The term ``negative data'' means data indicating that under certain conditions a given substance or activity did not induce an adverse effect. (5) The term ``substitution risk'' means a potential increased risk to human health, safety, or the environment from a regulatory option designed to decrease other risks. | Risk Communication Act of 1993 - Requires the Administrator of the Environmental Protection Agency to apply the following principles when preparing risk assessments to assure that such assessments are scientifically objective and inclusive of all relevant data: (1) explicitly distinguish scientific findings in such assessments from other considerations affecting the design and choice of regulatory strategies; (2) consider and discuss both negative and positive laboratory or epidemiological data when presenting assessments of human health risks; and (3) where the assessment process involves selection of any significant assumption, inference, or model: present a representative list and explanation of plausible and alternative assumptions, inferences, or models; explain the basis for any choices; and identify policy or value judgments. Directs the Administrator, in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document made available to the public, to: (1) characterize the populations or natural resources at risk; (2) explain the range of exposure scenarios used in the assessment and provide a statement of the size of the corresponding population at risk and the likelihood of the exposure scenarios; (3) provide appropriate comparisons with estimates of other risks; (4) include a statement of any known and significant substitution risks when a risk assessment or characterization for proposed and final regulatory actions is provided; and (5) present the summary of results of an assessment provided by a commenter in any case in which a public commment period is provided with respect to an assessment or regulation. Requires the Administrator to: (1) issue guidance consistent with the risk assessment principles of this Act and to provide a format for summarizing assessment results; (2) publish a plan to review and revise risk assessments with respect to which new information or methodologies that could significantly alter assessment results become available; and (3) report to the Congress on policy and value judgments which are made in risk assessments for programs under the Toxic Substances Control Act and the effect such judgments have on the regulatory decisions of such programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NICS Denial Notification Act of 2018''. SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following: ``Sec. 925B. Reporting of background check denials to State authorities ``(a) In General.--If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) (commonly referred to as `NICS') provides a notice pursuant to section 922(t) of this title that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b) of this section-- ``(1) report to the law enforcement authorities of the State where the person sought to acquire the firearm and, if different, the law enforcement authorities of the State of residence of the person-- ``(A) that the notice was provided; ``(B) the specific provision of law that would have been violated; ``(C) the date and time the notice was provided; ``(D) the location where the firearm was sought to be acquired; and ``(E) the identity of the person; and ``(2) where practicable, report the incident to local law enforcement authorities and State and local prosecutors in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides. ``(b) Requirements for Report.--A report is made in accordance with this subsection if the report is made within 24 hours after the provision of the notice described in subsection (a), except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation. ``(c) Amendment of Report.--If a report is made in accordance with this subsection and, after such report is made, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the receipt of a firearm by a person for whom the report was made would not violate subsection (g) or (n) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b), notify any law enforcement authority and any prosecutor to whom the report was made of that determination. ``(d) Rule of Construction.--Nothing in subsection (a) shall be construed to require a report with respect to a person to be made to the same State authorities that originally issued the notice with respect to the person.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 925A the following: ``925B. Reporting of background check denials to State authorities.''. SEC. 3. ANNUAL REPORT TO CONGRESS. (a) In General.--Chapter 44 of title 18, United States Code, as amended by section 2(a) of this Act, is amended by inserting after section 925B the following: ``Sec. 925C. Annual report to Congress ``Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General shall submit to Congress a report detailing the following, broken down by Federal judicial district: ``(1) With respect to each category of persons prohibited by subsection (g) or (n) of section 922 of this title or State law from receiving or possessing a firearm who are so denied a firearm-- ``(A) the number of denials; ``(B) the number of denials referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(C) the number of denials for which the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the person denied was not prohibited by subsection (g) or (n) of section 922 of this title or State law from receiving or possessing a firearm; ``(D) the number of denials overturned through the national instant criminal background check system appeals process and the reasons for overturning the denials; ``(E) the number of denials with respect to which an investigation was opened by a field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(F) the number of persons charged with a Federal criminal offense in connection with a denial; and ``(G) the number of convictions obtained by Federal authorities in connection with a denial. ``(2) The number of background check notices reported to State authorities pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)).''. (b) Clerical Amendment.--The table of sections for such chapter, as amended by section 2(b) of this Act, is amended by inserting after the item relating to section 925B the following: ``925C. Annual report to Congress.''. | NICS Denial Notification Act of 2018 This bill amends the federal criminal code to require the Department of Justice (DOJ) to report certain information to state and local law enforcement authorities following a determination, by the National Instant Criminal Background Check System, that a prospective firearm purchaser is a prohibited person (i.e., a person who is barred from receiving or possessing a firearm). DOJ must report annually on: (1) certain details regarding denied firearm purchases in each category of prohibited persons, and (2) the number of background check notices reported to states. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Regulatory Decrees and Settlements Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``agency'' and ``agency action'' have the meanings given those terms under section 551 of title 5, United States Code; (2) the term ``covered civil action'' means a civil action-- (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under-- (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; and (3) the term ``covered settlement agreement'' means-- (A) a consent decree or settlement agreement entered into in a covered civil action; and (B) any other consent decree or settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM. (a) Pleadings and Preliminary Matters.--In any covered civil action-- (1) the agency against which the covered civil action is brought shall publish the complaint in a readily accessible manner, including by making the complaint available online; and (2) a party may not make a motion for entry of a consent decree or to dismiss the covered civil action pursuant to a settlement agreement until after the end of the period during which a person may intervene. (b) Intervention.-- (1) Rebuttable presumption.--In considering a motion to intervene in a covered civil action by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the covered civil action. (2) State, local, and tribal governments.--In considering a motion to intervene in a covered civil action by a State, local, or tribal government, the court shall take due account of whether the movant-- (A) administers jointly with an agency that is a defendant in the covered civil action the statutory provisions that give rise to the regulatory action to which the covered civil action relates; or (B) administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the covered civil action relates. (c) Settlement Negotiations.--Efforts to settle a covered civil action shall-- (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the covered civil action. (d) Publication of and Comment on Covered Settlement Agreements.-- (1) In general.--Not later than 60 days before the date on which a covered settlement agreement is filed with a court, the agency seeking to enter the covered settlement agreement shall publish in the Federal Register and online-- (A) the proposed covered settlement agreement; and (B) a statement providing-- (i) the statutory basis for the covered settlement agreement; and (ii) a description of the terms of the covered settlement agreement, including whether it provides for the award of attorneys' fees or costs and, if so, the basis for including the award. (2) Public comment.-- (A) In general.--An agency seeking to enter a covered settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the covered civil action or addressed or affected by the proposed covered settlement agreement. (B) Response to comments.--An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court.--When moving that the court enter a proposed covered settlement agreement or for dismissal pursuant to a proposed covered settlement agreement, an agency shall-- (i) inform the court of the statutory basis for the proposed covered settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record.--The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii). (3) Public hearings permitted.-- (A) In general.--After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered settlement agreement. (B) Record.--If an agency holds a public hearing under subparagraph (A)-- (i) the agency shall-- (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines.--If a proposed covered settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered settlement agreement or dismissal based on the covered settlement agreement, inform the court of-- (A) any required regulatory action the agency has not taken that the covered settlement agreement does not address; (B) how the covered settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the Government.-- (1) In general.--For any proposed covered settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms.--A term described in this paragraph is-- (A) in the case of a consent decree, a term that-- (i) converts into a duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the civil action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement other than a consent decree, a term that-- (i) interferes with the authority of an agency to revise, amend, or issue rules under the procedures under chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (ii) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the civil action in question; or (iii) for a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties, provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement. (f) Review by Court.-- (1) Amicus.--A court considering a proposed covered settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered settlement agreement by any person who filed public comments on the covered settlement agreement under subsection (d)(2). (2) Review of deadlines.-- (A) Proposed consent decrees.--For a proposed covered settlement agreement that is a consent decree, a court shall not approve the covered settlement agreement unless the proposed covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Other settlement agreements.--For a proposed covered settlement agreement other than a consent decree, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual Reports.--Each agency shall submit to Congress an annual report that, for the year covered by the report, includes-- (1) the number, identity, and content of covered civil actions brought against and covered settlement agreements entered by the agency; and (2) a description of the statutory basis for-- (A) each covered settlement agreement entered by the agency; and (B) any award of attorneys fees or costs in a civil action resolved by a covered settlement agreement entered by the agency. SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. If an agency moves a court to modify a covered settlement agreement and the basis of the motion is that the terms of the covered settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered settlement agreement de novo. SEC. 5. EFFECTIVE DATE. This Act shall apply to-- (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered settlement agreement proposed to a court on or after the date of enactment of this Act. | Sunshine for Regulatory Decrees and Settlements Act of 2012 - Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action. Requires an agency against which a covered civil action is brought to publish the complaint in a readily accessible manner and to provide interested parties an opportunity to intervene and to conduct settlement negotiations through mediation. Requires an agency seeking to enter a covered settlement agreement to publish such agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such agreement. Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of any proposed covered settlement agreement that includes terms that: (1) convert into a duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (2) commit an agency to expend funds that have not been appropriated and budgeted; (3) commit an agency to seek a particular appropriation or budget authorization; (4) divest an agency of discretion committed to it by statute or the Constitution; or (5) otherwise afford any relief that the court could not enter under its own authority. Requires a court to grant de novo review of a covered settlement agreement if an agency files a motion to modify such agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Compliance, Examinations, and Inspections Restructuring Act of 2005''. SEC. 2. ORGANIZATION AND CONDUCT OF THE DIVISIONS AND OFFICES OF THE SECURITIES AND EXCHANGE COMMISSION. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following new subsections: ``(g) Divisions and Offices of the Commission.-- ``(1) Compliance, inspections, and examinations.--The authority that the Commission has to conduct inspections and examinations of registered brokers or dealers (15 U.S.C. 78q(b)), registered investment companies (15 U.S.C. 80a-30(b)), and registered investment advisers (15 U.S.C. 80b-4) shall be vested in the administrative divisions or offices to which the Commission has delegated pursuant to section 4A of this Act the authority to administer its responsibilities under this Act, the Investment Company Act of 1940 (15 U.S.C. 80a), and the Investment Advisers Act of 1940 (15 U.S.C. 80b). The Commission shall report to Congress pursuant to section 21(a) of this Act no less frequently than every 5 years from the enactment of this subsection, and shall in that report state its views on the continuing efficacy, effectiveness, and efficiency of requiring the administrative divisions or offices to conduct inspections and examinations of registered brokers or dealers, registered investment companies, and registered investment advisers. ``(2) Closure of open matters.--Not less frequently than every 120 days during a period in which an enforcement division or office of the Commission with respect to a formal or informal inquiry, or an administrative division or office of the Commission with respect to an inspection or examination, is conducting an inquiry or inspection, that division or office shall notify in writing the person who is the subject of that inquiry or inspection to inform such person of the status of the inquiry or inspection. When that division or office has completed its inquiry or inspection, that division or office shall, within 10 days of completing that inquiry or inspection, notify in writing the person who was the subject of that inquiry or inspection that the inquiry or inspection has been completed. ``(3) Sweep examinations or inspections.-- ``(A) Notice and approval.--Before an administrative division or office of the Commission may conduct an inspection of registered brokers or dealers, registered investment companies, or registered investment advisers, it shall provide written notification in such form determined by the Chairman. Before an administrative division or office of the Commission may conduct a sweep examination of registered brokers or dealers, registered investment companies, or registered investment advisers, it shall seek authority from the Commission to conduct such a sweep examination or inspection in the same manner and subject to the same procedures that the enforcement divisions or offices of the Commission must follow in seeking the authority to conduct a formal investigation or inquiry regarding a registered brokers or dealer, a registered investment company, or a registered investment adviser. ``(B) Content.--An administrative division or office of the Commission shall confine the content of a sweep examination or inspection to those existing books and records that the registered broker or dealer, registered investment company, or registered investment adviser is required to keep and maintain under applicable rules and regulations, and may not require the creation of a new document or the calculation or presentation of data that is not required to be kept or maintained under applicable rules and regulations. ``(4) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Confidential communication.--The term `confidential communication' shall mean any transfer of information, regardless of the form or format in which the information is communicated to an officer or employee of a compliance and inspections office, about a registered broker or dealer, registered investment company, or registered investment adviser by an officer or employee of a registered broker or dealer, registered investment company, or registered investment adviser regarding whether the broker or dealer, investment company, or investment adviser is in compliance with applicable provisions of this Act, the Securities Act of 1933, the Investment Company Act of 1940, or the Investment Advisers Act of 1940, wherein the officer or employee transferring such information reasonably believes in good faith that the information being communicated to an officer or employee of a compliance and inspections office of the Commission-- ``(i) is not information required to be made publicly available by any applicable Federal law or regulation; or ``(ii) is information regarding any book, record, or other information in the possession of, or maintained on behalf of, the registered broker or dealer, registered investment company, or registered investment adviser that is subject to the examination and inspection authority of the Commission. ``(B) Sweep examination.--Not later than 60 days after the date of enactment of this subsection, the Commission shall define the term `sweep examination' for purposes of this subsection. ``(C) Enforcement division.--The term `enforcement division' means the divisions or offices to which the Commission has delegated pursuant to section 4A of this Act the authority to investigate and to enforce the provisions of this Act, the Investment Company Act of 1940 (15 U.S.C. 80a-41), and the Investment Advisers Act of 1940 (15 U.S.C. 80b-9). ``(h) Ombudsman.-- ``(1) Appointment.--Not later than 180 days after the date of enactment of this section, the Chairman of the Securities and Exchange Commission shall appoint an Ombudsman who shall report directly to the Chairman. ``(2) Duties of ombudsman.--The Ombudsman appointed under subsection (a) shall-- ``(A) ensure safeguards exist to encourage persons who are issuers registered brokers or dealers, registered investment companies, or registered investment advisers to present questions to the Commission regarding compliance with the securities laws; ``(B) maintain privilege of confidential communications between such persons and the Ombudsman; ``(C) advise and guide such persons through the process of self-reporting, ensuring appropriate and due credit is given to the registrant upon self-reporting; and ``(D) act as a liaison between the agency and such persons with respect to any problem such registrant may have in dealing with the agency resulting from the regulatory activities of the agency. ``(3) Limitation.--In carrying out the duties under paragraph (1), the Ombudsman shall utilize personnel of the Commission to the extent practicable. Nothing in this section is intended to replace, alter, or diminish the activities of any ombudsman or similar office in any other agency. ``(4) Disclosure of confidential communications.-- Notwithstanding any other provision of this subsection, in those circumstances where the most senior officer of the enforcement division or office of the Commission has made a formal recommendation in writing to the Commission that it exercise its authority in section 21(d)(1) to seek an injunction against a registered broker or dealer, its authority in section 42(d) of the Investment Company Act of 1940 to seek an injunction against a registered investment company, or its authority in section 209(d) of the Investment Advisers Act of 1940 to seek an injunction against a registered investment adviser, the Ombudsman or an employee of the Ombudsman shall disclose to the officers and employees of any other division or office any confidential communications received from an officer or employee of a registered broker or dealer, a registered investment company, or a registered investment adviser pursuant to the provisions of Section 24(b). ``(5) Report.--Each year, the Ombudsman shall submit a report to the Commission for inclusion in the annual report that describes the activities, and evaluates the effectiveness of the Ombudsman during the preceding year. In that report, the Ombudsman shall include solicited comments and evaluations from registrants in regards to the effectiveness of the Ombudsman.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Securities and Exchange Commission should develop and publish guidelines setting forth explicitly the benefit that an issuer the securities of which are registered under section 12 of the Securities Exchange Act of 1934, a registered broker-dealer, a registered investment company, or a registered investment adviser shall receive if it self-reports to an administrative division or office of the Commission or to an enforcement division or office of the Commission an apparent violation of law, rules, or regulations applicable to it and is subsequently the respondent in a civil injunctive action or administrative proceeding brought by the Commission with respect to the matter that was self- reported. | Compliance, Examinations, and Inspections Restructuring Act of 2005 - Amends the Securities Exchange Act of 1934 to vest the inspections and examinations authority of the Securities and Exchange Commission (SEC) in those administrative divisions or offices to which the SEC has delegated its administrative responsibilities. Requires the subject of an SEC inquiry or inspection to be notified in writing at least every 120 days regarding the status of an ongoing proceeding. Requires an SEC administrative division or office to obtain permission to conduct a sweep examination in the same manner and subject to the same procedures as SEC enforcement divisions or offices must follow in conducting a formal investigation or inquiry of registered entities. Instructs the Chairman of the SEC to appoint an Ombudsman with respect to any problems resulting from SEC regulatory activities. Expresses the sense of Congress that the SEC should develop and publish guidelines setting forth explicitly the benefit to either an issuer of securities or a registered entity if it self-reports an apparent violation of law, and subsequently becomes the respondent in an SEC civil injunctive action or administrative proceeding regarding the matter that was self-reported. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Center for Transportation Solutions Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment of National Center for Transportation Solutions. Sec. 4. Duties of the Center. Sec. 5. National Center for Transportation Solutions Board. Sec. 6. Director of National Transportation Research. Sec. 7. Organization of Center. Sec. 8. Powers of Center. Sec. 9. Center personnel matters. Sec. 10. Regional centers for transportation solutions. Sec. 11. Authorization of appropriations. SEC. 2. FINDINGS. Congress makes the following findings: (1) Research and development are critical to developing and maintaining a transportation system that meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection. (2) Federal investment in transportation research and development represents approximately 1 percent of overall Government spending on transportation programs. (3) While Congress increased funding for overall transportation programs by about 40 percent in the Transportation Equity Act for the 21st Century (Public Law 105- 178), funding for transportation research and development remained relatively flat. (4) Inadequate resources are devoted to research aimed at long-term transportation goals. (5) The competitive, peer-reviewed award of research funding is best suited to address long-term, strategic research needs. (6) The diversity of transportation research programs that address the needs of different customers poses challenges to effective regional-based and university-based transportation research centers, and short-term applied research and development and long-term fundamental research and development. (7) The wide-ranging subject matter of transportation research makes effective priority setting difficult. (8) In order to ensure that the United States transportation system meets the goals of safety, mobility, economic vitality, equity, and environmental protection, it is in the interest of the United States to-- (A) increase Federal investment in long-range transportation planning; (B) initiate and support competitive, peer-reviewed research into systemic transportation issues; (C) better coordinate the research and development programs of the Department of Transportation; (D) foster the interchange of transportation research and development data among interested parties; and (E) establish nationwide priorities in Federal transportation research and development. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR TRANSPORTATION SOLUTIONS. There is hereby established as an independent agency in the executive branch of government the National Center for Transportation Solutions (hereafter in this Act referred to as the ``Center''). The Center shall consist of the National Center for Transportation Solutions Board established under section 5 and the Director of National Transportation Research appointed under section 6. Except as otherwise provided in this Act, the National Center for Transportation Solutions Board shall exercise the authorities of the Center. SEC. 4. DUTIES OF THE CENTER. (a) Research and Development.-- (1) Long-term policy.--The Center shall develop and encourage the execution of a long-term national policy for the promotion of research and development related to multimodal transportation. (2) Projects.--The Center shall initiate and support research and development projects related to multimodal transportation that-- (A) are of long-term significance; (B) have clear public benefits and in which private investment is not optimal due to the failure of, or distortions in, the market; or (C) are not otherwise conducted in the public or private sectors. (b) Grants.--The Center is authorized to award competitive, merit- based grants to academic, public, and private research institutions to support long-term, strategic transportation objectives. (c) Coordination of Research and Development.--The Center shall facilitate the interchange of transportation research data among interested parties in the United States, including by-- (1) serving as a clearinghouse of information for individuals engaged in transportation research and development in the United States; (2) consulting with officials from the Department of Transportation in the development of recommendations related to transportation research; and (3) coordinating scientific research programs with public and private research groups. (d) Evaluation of Research and Development Programs.--The Center shall evaluate programs related to transportation research and development that are conducted by the United States Government. (e) Annual Report.-- (1) In general.--Not later than January 15, 2006, and annually thereafter, the Director of National Transportation Research shall submit to Congress a report on activities undertaken by the Center during the fiscal year ending in the previous calendar year. (2) Recommendations.--Each report submitted under paragraph (1) shall include recommendations on research and development related to multimodal transportation, including any minority views and recommendations of members of the National Center for Transportation Solutions Board. SEC. 5. NATIONAL CENTER FOR TRANSPORTATION SOLUTIONS BOARD. (a) Establishment.--There is hereby established the National Center for Transportation Solutions Board (hereafter in this Act referred to as the ``Board''). (b) Membership.-- (1) Composition.--The Board shall be composed of the Director of National Transportation Research, who shall serve ex officio, and 16 voting members, of whom-- (A) four shall be appointed by the Secretary of Transportation; (B) four shall be appointed by the Director of the National Academies; and (C) eight shall be appointed by the President, in consultation with the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives, by and with the advice and consent of the Senate. (2) Qualifications.--The members of the Board shall-- (A) represent various professions and occupations in the public and private sectors; (B) to the extent practicable, represent a broad range of regions of the United States; and (C) possess skills and experience appropriate to the functions and responsibilities of the Center. (c) Appointment; Vacancies.-- (1) Initial appointments.--The initial members of the Board shall be appointed not less than 90 days after the date of enactment of this Act. (2) Terms.-- (A) In general.--Except as provided in subparagraph (B), members shall serve for terms of 6 years. No member may serve for more than two consecutive terms. (B) Staggered terms.--The terms of the members shall be staggered, with the initial members appointed for the following initial terms: (i) Six members shall serve for a term of six years. (ii) Five members shall serve for a term of four years. (iii) Five members shall serve for a term of two years. (C) Non-election year expiration.--The term of a member under this subsection shall not expire during a calendar year in which an election occurs to select the President or any members of the Senate or the House of Representatives (not including special elections). The initial terms described under subparagraph (B) may, at the discretion of the Director, be extended for not to exceed one year for purposes of complying with the requirements of this subparagraph. (3) Vacancies.--Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (2) Meetings.--The Board shall meet at the call of the Chair. (3) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (e) Chairman and Vice Chairman.-- (1) Selection.--The Board shall select a Chairman and Vice Chairman from among its members. (2) Terms.--The Chairman and Vice Chairman shall serve for 2-year terms. An individual may not serve for more than two consecutive terms as Chairman. SEC. 6. DIRECTOR OF NATIONAL TRANSPORTATION RESEARCH. (a) Director.--There shall be a Director of National Transportation Research who shall be appointed by the President, by and with the consent of the Senate (hereafter in this Act referred to as the ``Director''). The Board shall have an opportunity to make recommendations to the President with respect to the appointment of the Director. (b) Duties.--The Director-- (1) shall serve as the chief executive office of the Center; (2) is authorized to carry out the authorities and powers of the Center; and (3) shall serve as a nonvoting, ex officio member of the Board. (c) Term.--The Director shall serve for a term of six years unless earlier removed by the President. (d) Salary.--The rate of pay for the Director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 7. ORGANIZATION OF CENTER. (a) Divisions.--Subject to the discretion of the Board, the Center shall be organized into the following divisions: (1) The Division of Transportation Safety. (2) The Division of Environmental, Energy, and Land Use Planning. (3) The Division of Infrastructure. (4) The Division of Intermodal Connections. (5) The Division of Transportation Economics and Financial Policy. (6) Such other divisions as the Board determines appropriate. (b) Division Committees.-- (1) In general.--Each division under subsection (a) shall have a committee that shall make recommendations to, consult with, and advise the Board and the Director with respect to the issues covered by such division. (2) Composition.--Each division committee shall be composed of not less than five members who may be, but need not be, members of the Board. (3) Terms.--Members of the division committees shall serve for terms of two years. (4) Chairmen.--Each division committee shall annually elect a Chairman from among its members. (5) Procedures.--Each division committee shall prescribe its own rules of procedure, subject to such restrictions as may be prescribed by the Board. SEC. 8. POWERS OF CENTER. (a) Hearings.--The Board and each division committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board or such division committee considers advisable to carry out this Act. (b) Information From Federal Agencies.--The Board and each division committee may secure directly from any Federal department or agency such information as the Board or such division committee considers necessary to carry out this Act. Upon request of the Chairman of the Board or the Chairman of a division committee, the head of such department or agency shall furnish such information to the Board or the division committee, as the case may be. (c) Contracts.--The Board is authorized to enter into contracts and cooperative agreements to carry out the purposes of this Act, including sole source agreements with the National Academy of Sciences and other entities to provide studies to assist the Board in developing policies and strategies. (d) Postal Services.--The Board and the division committees may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Board and the division committees may accept, use, and dispose of gifts or donations of services or property. (f) Publication of Research.--The Center may publish the results of its research. SEC. 9. CENTER PERSONNEL MATTERS. (a) Staff.-- (1) In general.--The Director may, without regard to civil service laws and regulations, appoint and terminate such personnel from among personnel of the Department of Transportation and the National Academies as may be necessary to enable the Center to perform its duties. (2) Responsibilities.--The staff of the Center appointed under paragraph (1) shall, at the discretion of the Director, carry out the following responsibilities: (A) Submit to the Board a multiyear strategic plan and annual plans for the Center. (B) Develop an annual budget for the Center. (C) Administer the programs of the Center, including through oversight of the grant program under section 4(b). (D) Provide staff support to the Board. (E) Report periodically to the Board on the progress of the programs of the Center. (F) Coordinate with personnel from the Department of Transportation, the National Science Foundation, the Transportation Research Board, and other independent organizations that focus on transportation issues in order to leverage intellectual and other resources. (3) Compensation.--The Director may fix the compensation of Center personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Center without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (6) Acceptance of volunteer services.--The Director may accept volunteer services to carry out activities under this Act without regard to section 1342 of title 31, United States Code. SEC. 10. REGIONAL CENTERS FOR TRANSPORTATION SOLUTIONS. (a) In General.--Not later than September 30, 2005, the Director shall award grants to establish regional centers for transportation solutions. One regional center shall be located in each of 4 regions established by the Board for the northeast, northwest, southeast, and southwest regions of the United States. (b) Research.--The regional centers established under this section shall initiate and support research projects into regional multimodal transportation issues that-- (1) are of long-term significance; (2) have clear public benefits and in which private investment is not optional due to the failure of, or distortions in, the market; or (3) are not otherwise conducted in the public or private sectors. (c) Northeast Regional Center.--The location of the regional center established under this section for the northeast region of the United States shall be located in a State that-- (1) is one of the 5 States with the highest levels of traffic congestion in the United States, based on the ratio of annual vehicle miles traveled on National Highway System roads that are located in the State to the number of National Highway System lane miles that are located in such State; and (2) is one of the 10 States with the highest levels of traffic congestion in the United States, based on the ratio of miles of National Highway System roads that are located in urban areas in the State to the number of National Highway System lane miles that are located in urban areas in such State. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from the Highway Trust Fund the following sums to carry out the purposes of this Act: (1) In fiscal year 2006, $50,000,000. (2) In fiscal year 2007, $100,000,000. (3) In fiscal year 2008, $150,000,000. (4) In fiscal year 2009, $200,000,000. (5) In fiscal year 2010, $250,000,000. | National Center for Transportation Solutions Act of 2004 - Establishes the National Center for Transportation Solutions, consisting of the National Center for Transportation Solutions Board and the Director of National Transportation Research. Directs the Center to develop and encourage the execution of a long-term national policy for the promotion of research and development related to multimodal transportation. Requires the Director to award grants to establish regional centers for transportation solutions located in each of four regions established by the Board for the northeast, northwest, southeast, and southwest regions of the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Protection Act of 1999''. SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following: ``(E) Authority to delay termination date.-- ``(i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination if the Secretary determines that-- ``(I) the termination would cause an imminent and serious risk to the health of individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the organization terminating coverage is offering Medicare+Choice plans in contract areas that are in close proximity to the area affected by the termination without suffering considerable financial losses. In making the determination described in subclause (III), the Secretary may audit and inspect any books or records of the organization pursuant to the authority provided to the Secretary under section 1857(d). ``(ii) End of delay.--The Secretary may end a delay under clause (i), prior to the end of the period established by the Secretary under such clause, if the Secretary determines that an adequate provider network has been established that will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. ``(F) Authority to renegotiate contract.--If the Secretary delays the effectiveness of a termination for a period pursuant to subparagraph (E), the Secretary and the Medicare+Choice organization terminating coverage pursuant to subparagraph (B)(iii) may negotiate during such period for a new contract under section 1857 that will enable such organization to continue such coverage. In negotiating such contract, the Secretary shall ensure that beneficiaries are not adversely affected by such contract.''. SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 year'' and inserting ``a term of at least 3 years''. (b) Effective Date.--The amendment made by subsection (a) applies to contracts entered into on or after the date of enactment of this Act. SEC. 4. NOTICE OF TERMINATION. (a) In General.--Section 1857(d)(3) of the Social Security Act (42 U.S.C. 1395w-27(d)(3)) is amended to read as follows: ``(3) Enrollee notice at time of termination.-- ``(A) In general.--Each contract under this section shall require the organization to provide (and pay for) written notice at least 120 days prior to the termination of the contract, as well as a description of alternatives for obtaining benefits under this title, to each individual enrolled with the organization under this part. ``(B) Description.--The description of alternatives referred to in subparagraph (A) shall include a description of-- ``(i) all Medicare+Choice plans and medicare supplemental policies available in the area where the contract that is being terminated is serving beneficiaries and the costs of such plans and policies; and ``(ii) the telephone number of local social service agencies providing assistance to medicare beneficiaries in such area.''. (b) Effective Date.--The amendment made by subsection (a) applies to any notice of termination that is provided on or after the date of enactment of this Act. | Authorizes the Secretary to end such a delay early upon determining that an adequate provider network has been established that will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. Authorizes the Secretary and the Medicare+Choice organization terminating coverage to negotiate during the period of delay for a new contract that will enable the organization to continue coverage. Extends the initial Medicare+Choice contract period from one year to three years. Requires any Medicare+Choice organization contract to provide and pay for a written notice to enrollees at least 120 days before termination of the contract, together with a description of alternatives for obtaining benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``End Government Reimbursement of Excessive Executive Disbursements (End GREED) Act''. SEC. 2. STATEMENT OF AUTHORITY. Congress hereby elects to use its authority under article I, section 8, clause 4, and article I, section 8, clause 18, of the Constitution-- (1) to establish a uniform law on bankruptcy that applies to entities that have received extraordinary financial assistance from the United States on or after September 1, 2008, and (2) to authorize the Attorney General of the United States (hereinafter in this Act referred to as the Attorney General), after consultation with the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary)-- (A) to seek recovery of previous excessive payments of compensation made by such entities after receiving such assistance, and (B) to limit excessive payments of compensation to be made by such entities. SEC. 3. RECOVERY OF EXCESSIVE COMPENSATION. (a) Review of Contracts and Payments.--The Attorney General, after consultation with the Secretary, on behalf of the Government may review any employment contract made by a recipient entity, and any payment made on or after September 1, 2008, by a recipient entity to an employee. (b) Civil Action for Fraudulent Transfer.--The Attorney General may commence a civil action in an appropriate district court of the United States to avoid any payment made by a recipient entity to an employee (including a payment under an employment contract) that was made on or after September 1, 2008, if such entity received less than a reasonably equivalent value in exchange for such payment and such entity-- (1) was insolvent on the date that such payment was made, not taking into account any-- (A) line of credit, (B) loan, or (C) payment in exchange for stock of such entity, received by such entity from the United States on or after September 1, 2008, or (2) was engaged in business or a transaction, or was about to engage in business or a transaction, for which property remaining in the recipient entity was an unreasonably small capital. For purposes of this subsection, the Attorney General may avoid any transfer of an interest of a recipient entity in property, or any obligation incurred by such entity, that is avoidable under applicable law by a creditor holding an unsecured claim against such entity. (c) Civil Action To Avoid Contractual Obligations To Pay Excessive Compensation.--The Attorney General may commence a civil action in an appropriate district court of the United States to limit the amount of the compensation paid or payable on or after the date of the enactment of this Act by a recipient entity under an employment contract if such compensation is greater than an amount equal to 10 times the amount of the mean amount of compensation paid or payable to nonmanagement employees of such entity for any purpose during the calendar year in which compensation was paid or payable by such entity. SEC. 4. SUBPOENA AUTHORITY. The Attorney General is authorized to issue a subpoena requiring the attendance and testimony of witnesses and the production of documentary evidence relating to any matter relevant to the implementation of this Act, including the circumstances surrounding any employment contract or payment of compensation, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of an appropriate district court of the United States. SEC. 5. RULE OF CONSTRUCTION. Other than limiting compensation paid or payable under employment contracts or providing for the recovery of previously paid compensation, nothing in this Act shall be construed to have any impact on a recipient entity, its financial status, or the financial status of its creditors. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``employment contract'' means an employment contract that provides for the payment of compensation (including performance or incentive compensation, a bonus of any kind, or any other financial return designed to replace or enhance incentive, stock, or other compensation), and (2) the term ``recipient entity'' means a person (including any subsidiary of such person) that receives, during any period beginning on or after September 1, 2008, from the United States-- (A) a line of credit or a loan, (B) a payment in exchange for stock of such person (or such subsidiary), or (C) any combination of credit, loans, or payments, that exceeds $10,000,000,000 in the aggregate. | End Government Reimbursement of Excessive Executive Disbursements (End GREED) Act - (Sec. 2) Declares that Congress elects to use its constitutional authority to: (1) establish a uniform law on bankruptcy that applies to entities that have received extraordinary financial assistance from the United States on or after September 1, 2008; and (2) authorize the Attorney General, after consultation with the Secretary of the Treasury, to seek recovery of previous excessive payments of compensation made by the entities after receiving such assistance, and limit excessive payments of compensation to be made by them. (Sec. 3) Authorizes the Attorney General, after consultation with the Secretary of the Treasury, to review: (1) any employment contract made by an entity that received over $10 billion in specified federal financial assistance on or after September 1, 2008; and (2) any payment the entity made to an employee on or after such date. Authorizes the Attorney General to commence a civil action for fraudulent transfer in U.S. district court to avoid (and recover) any such payment (including a payment under an employment contract), if the entity received less than a reasonably equivalent value in exchange for the payment and it: (1) was insolvent on the payment date, not taking into account the federal assistance it received; or (2) was engaged (or was about to engage) in business or a transaction for which property remaining in the recipient entity was an unreasonably small capital. Authorizes the Attorney General to avoid any transfer of an interest of a recipient entity in property, or any obligation incurred by such entity, that is avoidable under applicable law by a creditor holding an unsecured claim against such entity. Authorizes the Attorney General to commence a civil action also to limit the amount of compensation paid or payable on or after enactment of this Act by a recipient entity under an employment contract, if such compensation is greater than 10 times the mean amount of compensation paid or payable to the entity's nonmanagement employees during the calendar year. (Sec. 4) Grants the Attorney General subpoena authority to compel: (1) attendance and testimony of witnesses; and (2) production of documentary evidence pertinent to implementation of this Act, including the circumstances surrounding any employment contract or payment of compensation. Makes such a subpoena enforceable by court order in the case of contumacy or refusal to obey. (Sec. 5) States that this Act shall not be construed to have any impact on a recipient entity, its financial status, or the financial status of its creditors other than: (1) limiting compensation paid or payable under employment contracts; or (2) providing for the recovery of previously paid compensation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Patriot Corporations of America Act of 2006''. SEC. 2. FEDERAL CONTRACTING PREFERENCE FOR PATRIOT CORPORATIONS. In the evaluation of bids or proposals for a contract for the procurement of goods or services, the Federal Government shall provide a preference to any entity that is a Patriot corporation (as defined in section 11(e) of the Internal Revenue Code of 1986, as added by section 3 of this Act), unless the award of the contract to such entity would jeopardize the national security interests of the United States. SEC. 3. REDUCTION IN RATE OF INCOME TAX FOR PATRIOT CORPORATIONS. (a) In General.--Section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Patriot Corporations.-- ``(1) Rate reduction for patriot corporations.--In the case of a Patriot corporation, the amount of the tax imposed under subsection (a) (determined without regard to this paragraph) shall be reduced by an amount equal to 5 percent of the taxable income of such corporation. ``(2) Patriot corporation defined.--For purposes of this subsection-- ``(A) In general.--The term `Patriot corporation' means, with respect to any taxable year, any corporation which is certified by the Secretary as meeting the requirements of subparagraph (B) for such taxable and the preceding taxable year. ``(B) Requirements.--A corporation meets the requirements of this subparagraph, with respect to any taxable year, if such corporation-- ``(i) produces in the United States at least 90 percent of the goods and services sold by such corporation during such taxable year, ``(ii) does not provide compensation to any management personnel of such corporation at a level of compensation which exceeds 10,000 percent of the level of compensation of the full-time employee of such corporation with the lowest level of compensation during such taxable year, ``(iii) conducts at least 50 percent of the research and development conducted by such corporation during such taxable year (determined on the basis of cost) in the United States, ``(iv) has contributed at least 5 percent of wages paid by the corporation during the taxable year to a portable pension fund for the benefit of employees of the corporation, ``(v) has paid at least 70 percent of the cost of a standardized health insurance plan for the benefit of employees of the corporation during such taxable year, ``(vi) has maintained at all times during such taxable year neutrality in employee organizing drives and has in effect a policy to that effect, ``(vii) has not been (at any time during such taxable year) in violation of appropriate Federal regulations including those related to the environment, workplace safety, labor relations, and consumer protections, as determined by the Secretary, and ``(viii) has not been in violation of any other regulations specified by the Secretary. ``(C) Certification process.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall establish an application and certification process to annually certify corporations as Patriot corporations. Such certifications shall be made at such time and on the basis of such materials as the Secretary determines appropriate.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. (c) Certification Allowed for Year Preceding Effective Date of Rate Reduction.--For purposes of section 11(e) of the Internal Revenue Code of 1986, as added by this section, the Secretary may certify a corporation as a Patriot corporation for the last taxable year of the corporation beginning on or before December 31, 2007, if the corporation meets the requirements of paragraph (2)(B) of such section for such taxable year. SEC. 4. TAX AVOIDANCE FOREIGN CORPORATIONS SUBJECT TO UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Tax avoidance foreign corporations treated as domestic.--Any corporation which would (but for this subparagraph) be treated as a foreign corporation shall be treated as a domestic corporation if the Secretary determines that such corporation was created or organized as a foreign corporation (instead of as a domestic corporation) principally for the purpose of avoiding being treated as a domestic corporation under this title.''. (b) Effective Dates.--The amendment made by this section shall also apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH INCOMES OVER $1,000,000. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Reduction in Benefit of Rate Reduction for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to the applicable percentage of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means, with respect to any taxable year, such percentage as is estimated by the Secretary to result in an increase in the revenues to the Treasury for such taxable year which is equal to the excess of-- ``(A) the decrease (if any) in the revenues to the Treasury that the Secretary estimates results from the application of section 11(e) for such taxable year, over ``(B) the increase (if any) in the revenues to the Treasury that the Secretary estimates results from the application of section 7701(a)(4)(B) for such taxable year. ``(4) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(5) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2006. (c) Application of EGTRRA Sunset.--The amendment made by this section shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as section 101 of such Act. (d) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. | Patriot Corporations of America Act of 2006 - Grants a preference to Patriot corporations in the evaluation of bids or proposals for federal contracts. Defines " Patriot corporation" as a corporation which: (1) produces at least 90% of its goods and services in the United States; (2) does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee; (3) conducts at least 50% of its research and development in the United States; (4) contributes at least 5% of its payroll to a portable pension fund for its employees; (5) pays at least 70% of its employee health insurance costs; (6) maintains a policy of neutrality in employee organizing drives; and (7) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections. Amends the Internal Revenue Code to: (1) reduce the income tax rate for Patriot corporation; (2) reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes; and (3) increase, for the period between January 1, 2007, and December 31, 2010, income taxes for individual taxpayers with adjusted gross incomes of $500,000 or more ($1 million or more for joint returns). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Service Scholarship Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) young people under 18 years of age are now our most impoverished age group with 1 of every 5 living in poverty, a higher proportion than in 1968, with the percentage for minority children being about twice as high; (2) more than 1 of 4 families is headed by a single parent and the percentage of such families headed by such single parents has risen steadily over the past few decades, rising 13 percent since 1990; (3) there is a need to engage youth as active participants in decision-making that affects their lives, including design, development, implementation, and evaluation of youth development programs at the Federal, State, and community levels; (4) existing outcome driven youth development strategies, pioneered by community-based organizations, hold real promise for promoting positive behaviors and preventing youth problems; (5) formal evaluations of youth development programs have documented significant reductions in drug and alcohol use, school misbehavior, aggressive behavior, violence, truancy, high-risk sexual behavior, and smoking; (6) compared to American youth generally, youth participating in community-based organizations are more than 26 percent more likely to report having received recognition for good grades than American youth generally and nearly 20 percent more likely to rate the likelihood of their going to college as ``very high''; and (7) the availability and use of Federal resources can be an effective incentive to leverage broader community support to enable local programs, activities and services to provide the full array of developmental core resources, remove barriers to access, promote program effectiveness, and facilitate coordination and collaboration within the community. SEC. 3. ESTABLISHMENT OF PROGRAM. Subpart 2 of part A of title IV of the Higher Education Act of 1965 is amended-- (1) by redesignating section 407E (20 U.S.C. 1070a-35) as section 406E; and (2) by inserting after such section the following new chapter: ``Chapter 4--Public Service Incentives ``SEC. 407A. PURPOSES. ``The purposes of this chapter are to establish a scholarship program to reward low-income and moderate-income students who have, during high school, and who continue, during college, to make significant public service contributions to their communities. ``SEC. 407B. SCHOLARSHIPS AUTHORIZED. ``(a) Qualifications for Scholarships.--The Secretary is authorized to award scholarships to enable a student to pay the cost of attendance at an institution of higher education during the student's first 4 academic years of undergraduate education, if the student-- ``(1) in order to be eligible for the first year of such scholarship, performed not less than 300 hours of qualifying public service during each of 2 academic years of the student's secondary school enrollment; ``(2) in order to be eligible for the second or any subsequent year of such scholarship, performed not less than 300 hours of qualifying public service during the academic year of postsecondary school attendance preceding the academic year for which the student seeks such scholarship; ``(3) was eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1721 et seq.); ``(4) is eligible to receive Federal Pell Grants for the year in which the scholarships are awarded, except that a student shall not be required to comply or verify compliance with section 485(a)(5) for purposes of receiving a scholarship under this chapter; and ``(5) otherwise demonstrates compliance with regulations prescribed by the Secretary under section 407F. ``(b) Definition of Qualifying Public Service.--For purposes of subsection (a), the term `qualifying public service' means service that would be eligible for treatment as community service under the National and Community Service Act of 1990 or under the Federal work-study program under part C of title IV of the Higher Education Act of 1965. ``SEC. 407C. AMOUNT OF SCHOLARSHIP. ``(a) Amount of Award.-- ``(1) In general.--Except as provided in paragraph (2) and subsection (b), the amount of a scholarship awarded under this chapter for any academic year shall be equal to $5,000. ``(2) Adjustment for insufficient appropriations.--If, after the Secretary determines the total number of students selected under section 407D for an academic year, funds available to carry out this chapter for the academic year are insufficient to fully fund all awards under this chapter for the academic year, the amount of the scholarship paid to each student under this chapter shall be reduced proportionately. ``(b) Assistance Not To Exceed Cost of Attendance.--A scholarship awarded under this chapter to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student's cost of attendance. ``SEC. 407D. SELECTION OF SCHOLARSHIP RECIPIENTS. ``The Secretary shall designate a panel to select students for the award of scholarships under this chapter. Such panel shall be composed of 9 individuals who are selected by the Secretary and shall be composed of equal numbers of youths, community representatives, and teachers. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to the application that might impair the impartiality with which the individual conducts the review under this section. ``SEC. 407E. APPLICATIONS. ``Any eligible student desiring to obtain a scholarship under this section shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. Such application shall-- ``(1) demonstrate that the eligible student is maintaining satisfactory academic progress and is achieving at least an grade point average of at least 2.0 (on a scale of 4), or its equivalent; ``(2) include a recommendation from (A) the supervisor of the community service of the applicant, and (B) a teacher, pastor, employer, or other individual familiar with the character of the applicant; and ``(3) include an essay by the applicant on the nature of the community service performed by the applicant. ``SEC. 407F. REGULATIONS. ``The Secretary shall prescribe such regulations as may be necessary to carry out this chapter. ``SEC. 407G. EVALUATION. ``Not less than 2 years after the first fiscal year for which funds are made available under this chapter, the Secretary shall prepare and submit to the Congress an evaluation of the effectiveness of the program under this chapter. Such evaluation shall include-- ``(1) an evaluation of the demand, by grade level and types of community service sites, for the scholarships provided under this chapter; ``(2) general data on the background of program participants and the types of service performed; and ``(3) an itemization of the costs of administering the program under this chapter. ``SEC. 407H. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $2,000,000 for fiscal year 2002 and each of the 3 succeeding fiscal years.''. | Youth Service Scholarship Act of 2001 - Amends the Higher Education Act of 1965 to establish a Public Service Incentives college scholarship program to reward low- and moderate-income students who have, during high school, and who continue, during college, to make significant public service contributions to their communities.Requires 300 hours of public service by the student: (1) during each of two academic years of secondary school, to be eligible for a scholarship for the first year of college; and (2) during the preceding postsecondary academic year, to be eligible for a second, third, or fourth year.Requires such students to: (1) have been eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (2) be eligible to receive Federal Pell Grants in the year in which the scholarships are awarded. Sets the scholarship amount at $5,000 for any academic year during a student's first four years of undergraduate education, and provides for adjustments of such amount in the event of insufficient appropriations. |
SECTION 1. REPEAL OF INCENTIVE PAYMENTS FOR REDUCTION IN NUMBER OF GRADUATE MEDICAL EDUCATION RESIDENTS. (a) In General.--Paragraph (6) of section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)), as added by section 4626(a) of the Balanced Budget Act of 1997 (Public Law 105-33), is repealed. (b) Application to New York Demonstration Project; Elimination of Any Payment Authority.--Section 4626 of the Balanced Budget Act of 1997 is amended-- (1) by amending subsection (b) to read as follows: ``(b) Elimination of Payment Authority.-- ``(1) The Secretary of Health and Human Services is not authorized to approve or provide any payments for any demonstration project described in paragraph (2) for any residency training year beginning on or after July 1, 1998. ``(2) A demonstration project described in this paragraph is a project that primarily provides for additional payments under title XVIII of the Social Security Act in connection with a reduction in the number of residents in a medical residency training program.''; and (2) by striking subsection (c). SEC. 2. PAYMENT OFFSETS. (a) No Retroactive Application of ESRD Secondary Payer Interpretation.--Notwithstanding any other provision of law, the April 1995 interpretation of section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) issued by the Health Care Financing Administration shall not apply retroactively to a group health plan that paid benefits primary to title XVIII of such Act (42 U.S.C. 1395 et seq.) (but would have paid benefits secondary to such title in the absence of such section) on or after August 10, 1993, and before April 24, 1995, on behalf of an individual who, during such period-- (1) was entitled to benefits under such title under subsection (a) or (b) of section 226 of such Act (42 U.S.C. 426); and (2) subsequently became entitled or eligible for benefits under such title under section 226A of such Act (42 U.S.C. 426- 1). (b) Extending COBRA Continuation Coverage for End Stage Renal Disease Medicare Beneficiaries for 36 Months.-- (1) Amendments to the internal revenue code of 1986.-- Section 4980B(f)(2)(B)(iv) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or'' at the end of subclause (I), (B) in subclause (II), by inserting ``other than under section 226A of such Act'' after ``Social Security Act'', (C) by striking the period at the end of subclause (II) and inserting ``, or'', and (D) by adding at the end the following: ``(III) in the case of a qualified beneficiary other than a qualified beneficiary described in subsection (g)(1)(D) entitled to benefits under title XVIII of the Social Security Act under section 226A of such Act for a period of 36 months.''. (2) Amendments to erisa.--Section 602(2)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(D)) is amended-- (A) by striking ``or'' at the end of clause (i), (B) in clause (ii), by inserting ``other than under section 226A of such Act'' after ``Social Security Act'', (C) by striking the period at the end of clause (ii) and inserting ``, or'', and (D) by adding at the end the following: ``(iii) in the case of a qualified beneficiary other than a qualified beneficiary described in section 607(3)(C) entitled to benefits under title XVIII of the Social Security Act under section 226A of such Act for a period of 36 months.''. (3) Amendments to the public health service act.--Section 2202(2)(D) of the Public Health Service Act (42 U.S.C. 300bb- 2(2)(D)) is amended-- (A) by striking ``or'' at the end of clause (i), (B) in clause (ii), by inserting ``other than under section 226A of such Act'' after ``Social Security Act'', (C) by striking the period at the end of clause (ii) and inserting ``, or'', and (D) by adding at the end the following: ``(iii) in the case of a qualified beneficiary entitled to benefits under title XVIII of the Social Security Act under section 226A of such Act for a period of 36 months.''. (4) Effective date.--The amendments made by this subsection shall apply to individuals who become eligible for benefits under title XVIII of the Social Security Act under section 226A of such Act on and after the date of the enactment of this Act. (c) Extension of Medicare ESRD Secondary Payer Period to 36 Months.--The last sentence of section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)), as added by section 4631(b)(2) of the Balanced Budget Act of 1997 (Public Law 105-33), is amended by striking ``30-month'' and inserting ``36-month''. | Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to repeal the authority and mandate for incentive payments under plans for voluntary reduction in the number of residents in a graduate medical education residency training program. Amends the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from approving or providing any payments for any demonstration project that provides for additional Medicare payments in connection with such a reduction for any residency training year beginning on or after July 1, 1998 (currently before July 1, 2006). Provides that the April 1995 Health Care Financing Administration interpretation of Medicare secondary payer requirements for group health plans with regard to individuals with end stage renal disease (ESRD) shall not apply retroactively to a group health plan that paid benefits primary to SSA title XVIII (but would have paid benefits secondary to such title in the absence of such requirements) on or after August 10, 1993, and before April 24, 1995, on behalf of certain individuals who became entitled or eligible for the ESRD program. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend COBRA continuation coverage for qualified ESRD Medicare beneficiaries for 36 months. Amends SSA title XVIII to provide for an extension of the Medicare ESRD secondary payer period from 30 to 36 months. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Burden Relief Act of 2001''. SEC. 2. CREDIT FOR MORTGAGE PAYMENTS MADE ON DESTROYED HOME. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. MORTGAGE PAYMENTS MADE ON DESTROYED HOME. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the payments made during the taxable year on acquisition indebtedness (as defined in section 163(h)(3)(B)) secured by a qualified destroyed home. ``(b) Qualified Destroyed Home.--For purposes of this section, the term `qualified destroyed home' means any residence if-- ``(1) such residence is substantially destroyed as a result of a disaster which is a Presidentially declared disaster (as defined in section 1033(h)) or a disaster which is declared by the chief executive officer of the State in which such residence is located, ``(2) such residence was the principal residence (within the meaning of section 121) of the taxpayer at the time of its destruction, ``(3) because of the high risk of the occurrence of the type of disaster which substantially destroyed such residence, insurance covering damage resulting from such a disaster was unavailable at reasonable rates, and ``(4) such destruction is not compensated for by insurance or otherwise. ``(c) Special Rules.-- ``(1) Coordination with interest deduction.--The deduction which would (but for this subsection) be allowed on the indebtedness referred to in subsection (a) shall be reduced by the credit allowed under this section. ``(2) Credit only for payment due after destruction.-- Subsection (a) shall not apply to any amount first due before the date of the disaster. ``(3) Benefit reduced by government grants.-- ``(A) In general.--If any grant is provided to the taxpayer under any Federal, State, or local government program by reason of the destruction of the residence-- ``(i) subsection (b)(4) shall be applied without regard to such grant, but ``(ii) the credit which would (but for this paragraph) be allowed under this section for any taxable year shall be reduced by such taxable year's ratable portion of such grant. ``(B) Ratable portion.--The ratable portion of a grant shall be determined by allocating such grant ratably over the reasonably expected remaining period that payments on the mortgage will be required to be made. ``(d) Election Not To Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Mortgage payments made on destroyed home.'' (c) Effective Date.--The amendments made by this section apply to with respect to disasters occurring on or after January 1, 2000. SEC. 3. NO INCOME FROM DISCHARGE OF INDEBTEDNESS OF DESTROYED HOME. (a) In General.--Subsection (a) of section 108 of the Internal Revenue Code of 1986 (relating to income from discharge of indebtedness) is amended by adding at the end the following new paragraph: ``(4) Exception for homes destroyed in presidentially declared disasters.--Paragraph (1) shall not apply to any discharge of acquisition indebtedness (as defined in section 163(h)(3)(B)) secured by a qualified destroyed home (as defined in section 25B(b)).'' (b) Effective Date.--The amendment made by this section apply to with respect to disasters occurring on or after January 1, 2000. SEC. 4. LOSS DEDUCTION ON DESTROYED HOME DETERMINED AS IF BASIS EQUALED FAIR MARKET VALUE PRIOR TO DESTRUCTION. (a) In General.--Subsection (c) of section 165 of the Internal Revenue Code of 1986 (relating to limitation on losses of individuals) is amended by adding at the end the following new sentence: ``If the loss referred to in paragraph (3) is of a qualified destroyed home (as defined in section 25B(b)) and the taxpayer irrevocably elects not to claim the benefits of section 25B with respect to such home, the amount of the loss sustained shall be determined as if the adjusted basis of the home equaled its fair market value immediately before its destruction.''. (b) Effective Date.--The amendment made by this section apply to with respect to disasters occurring on or after January 1, 2000. SEC. 5. LOSS ON SALE OR EXCHANGE OF PRINCIPAL RESIDENCE LOCATED IN PRESIDENTIALLY DECLARED DISASTER AREA. (a) In General.--Subsection (c) of section 165 of the Internal Revenue Code of 1986 (relating to limitation on losses of individuals) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``; and'', and by inserting after paragraph (3) the following new paragraph: ``(4) losses arising from the sale or exchange of the principal residence (within the meaning of section 121) of the taxpayer if-- ``(A) such residence is located in an area-- ``(i) which was at any time determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or ``(ii) which was at any time declared a disaster area by the chief executive officer of the State in which such residence is located, ``(B) such residence was acquired by the taxpayer on or before the date of the occurrence of the disaster for which such determination or declaration was made, and ``(C) because of the high risk of the reoccurrence of the type of disaster for which such determination or declaration was made, insurance covering damage resulting from such a disaster was unavailable at reasonable rates.'' (b) Limitation on Losses Not To Apply.--Subsection (b) of section 1211 of such Code is amended by adding at the end the following new flush sentence: ``The preceding sentence shall not apply to a loss described in section 165(c)(4).'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges on or after January 1, 2000. | Disaster Burden Relief Act of 2001- Amends the Internal Revenue Code to set forth special rules for homes which were destroyed as a result of a disaster in a Presidentially declared disaster area, including permitting a tax credit for certain mortgage payments. |
15, as adopted by the House of Representatives on January 31, 2001, and Senate Concurrent Resolution 6, as adopted by the Senate on February 8, 2001, resolved that Congress ``expresses its support for continuing and substantially increasing the amount of disaster assistance being provided [to India] by the United States Agency for International Development (USAID) and other relief agencies''. (B) Senate Resolution 18, as adopted by the Senate on February 8, 2001, ``encourages a continued commitment by the United States and other countries to the long-term, sustainable development of El Salvador''. (C) House Concurrent Resolution 41, as adopted by the House of Representatives on March 21, 2001, ``expresses support for continuing and substantially increasing, in connection with these earthquakes, relief and reconstruction assistance provided by relief agencies . . . including . . . the United States Agency for International Development''. (11) In the wake of Hurricane Mitch, the Mitch Consultative Group formulated what have become known as the ``Stockholm Principles'', namely that the reconstruction and transformation of the affected countries should be guided by the following goals and principles: (A) reduction of social and environmental vulnerability, (B) transparency and good governance, (C) decentralization and civil society participation, and (D) human rights and equality. (12) Development assistance, aimed ultimately toward poverty reduction, is the best mitigation against catastrophic disaster. (13) Nongovernmental organizations working on the ground, such as CARE, Catholic Relief Services, Habitat for Humanity International and others, strive to focus on long-term sustainable development, even in the midst of tragedy and immediate emergency relief efforts. (b) Sense of Congress.--It is the sense of Congress that-- (1) the nature and scale of the earthquake disasters that recently struck El Salvador and India demonstrate that these are true disaster emergencies and that the United States should respond by providing emergency disaster assistance; (2)(A) emergency disaster assistance programs must complement and work with development assistance programs in order that the two types of programs reinforce one another; and (B) emergency disaster assistance programs should support and not undermine the long-term sustainable development efforts of nongovernmental organizations already working on the ground in countries that have suffered disasters; and (3) as such, regular United States bilateral development assistance funds that have been reallocated in order to meet the current emergency needs for relief and recovery following the earthquakes in India and El Salvador should be reimbursed with the funds authorized in this Act. SEC. 3. EMERGENCY DISASTER ASSISTANCE FOR INDIA AND EL SALVADOR. (a) Emergency Disaster Assistance.--The President is authorized to provide assistance under chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.; relating to international disaster assistance) for recovery from the earthquakes of January and February 2001 in the Republic of India and the Republic of El Salvador. (b) Authorization of Appropriations.-- (1) Emergency disaster assistance.--There is authorized to be appropriated to the President $468,500,000 for fiscal year 2001 to carry out subsection (a). Of such amount-- (A) not less than $117,600,000 is authorized to be appropriated for recovery in India; (B) not less than $301,400,000 is authorized to be appropriated for recovery in El Salvador; (C) not less than $500,000 is authorized to be appropriated for technical assistance to develop emergency management systems in El Salvador and India; and (D) such sums as may be necessary are authorized to be appropriated for operating expenses of the United States Agency for International Development. (2) Reimbursement.--There is authorized to be appropriated to the President $73,000,000 for fiscal year 2001 to reimburse the appropriate development assistance accounts for amounts obligated before the date of the enactment of this Act for recovery from the earthquakes of January and February 2001 in the Republic of India and the Republic of El Salvador. (3) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraphs (1) and (2) are authorized to remain available until expended. SEC. 4. DISASTER MITIGATION ASSISTANCE FOR INDIA, EL SALVADOR, AND CERTAIN OTHER COUNTRIES. (a) Disaster Mitigation Assistance.--The President is authorized to provide assistance under chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.; relating to international disaster assistance) for disaster mitigation activities in the Republic of India, the Republic of El Salvador, and other countries that contain highly disaster-prone areas. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the President $20,000,000 for fiscal year 2001 to carry out subsection (a). (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 5. DESIGNATION AS EMERGENCY REQUIREMENT. All funds appropriated pursuant to the authorization of appropriations under section 3(b) and section 4(b)(1) are designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. | Relief, Community Vitalization, and Emergency Readiness in India and El Salvador (RECOVERIES) Act of 2001 - Authorizes the President to provide emergency international disaster assistance for: (1) recovery from the earthquakes of January and February 2001 in the Republic of India and the Republic of El Salvador; and (2) disaster mitigation activities in such countries and other countries that contain highly disaster-prone areas. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation and Flight Enhancement Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The events of September 11, 2001, demonstrated that the United States needs to do more to ensure the survivability and quick retrieval of critical flight data and cockpit voice recording units aboard commercial aircraft. (2) Increased national security threats to commercial airliners demand that the United States do everything possible to better secure the safety of our passengers by ensuring the quick and complete recovery of critical flight data from commercial air disasters for immediate analysis of potential terrorism and to avoid unnecessary grounding of our commercial air fleet. (3) In light of new commercial aviation advances, including increased polar flights, increased air traffic overwater, and the onset of free flight, there is increased potential for more difficult location and recovery of fixed flight recorder and cockpit voice recorder units. (4) Hundreds of millions of dollars are unnecessarily expended to locate and recover ``black boxes'', especially in underwater investigations, despite existing deployable recorder technology currently used by the United States Armed Forces, which would allow us to avoid such unnecessary and wasteful costs. (5) It is in the public's best interest to accomplish these improvements by installing a second set of cockpit voice and digital flight data recorders that utilize a combined cockpit voice recorder, digital flight data recorder, and emergency locator transmitter system designed to eject from the rear of the aircraft at the moment of an accident, so that the system will avoid the direct impact forces of the crash, avoid becoming ensnarled in the wreckage or fire intensity of the crash site, and float indefinitely on water. (6) The Navy's successful experience since 1993 with deployable technology indicates that transfer of the commercial version of this technology into the commercial sector provides an obvious way to help us meet our goals to increase the survivability and retrieval of recorders while reducing the time and cost of a mishap, investigation, search, rescue, and recovery. (7) Valuable time is lost searching for fixed flight data recorders in the wreckage of a crash site, especially at the bottom of the ocean, and critical data is unnecessarily lost in incidents in which the black boxes do not survive the crash circumstances, as is evident in reviewing some of our most recent and devastating air incidents, including the following: (A) Neither the flight data or cockpit voice recorder was recovered from American Airlines Flight 11 and United Airlines Flight 175 that were used in the World Trade Center attacks on September 11, 2001. (B) It took 3 days to recover the flight data and cockpit voice recorders from American Airlines Flight 77 that was used in the Pentagon attack on September 11, 2001. In addition, the cockpit voice recorder was damaged beyond repair, rendering no information. (C) It took 13 days to locate the cockpit voice recorder and 9 days to recover the flight data recorder from the air disaster involving Egypt Air Flight 990 in the vicinity of Nantucket, Massachusetts, air disaster on October 31, 1999. (D) With respect to Swiss Air Flight 111 International in Halifax, Canada, on September 2, 1998, it took search teams 9 days to locate the cockpit voice recorder and 4 days to recover the flight data recorder. (E) In the case of Valuejet Flight 592, which crashed on its way back to the Miami, Florida, airport on May 11, 1996, it took 15 days to recover the cockpit voice recorder, and 2 days to recover the flight data recorder from such flight because the underwater locator beacon failed. (F) With respect to TWA Flight 800 which exploded and crashed in the ocean in the vicinity of Moriches, New York, on July 17, 1996, it took 7 days to recover the cockpit voice recorder and flight data recorder. SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES. (a) In General.--Chapter 447 of title 49, United States Code is amended by adding at the end the following: ``Sec. 44729. Installation of additional flight recorders ``(a) Regulations.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall issue regulations that require in accordance with this section all commercial aircraft that must carry both a cockpit voice recorder and digital flight data recorder to be equipped with a second recorder system that utilizes deployable combination cockpit voice and digital flight data recording technology. This system shall be in addition to the current mandated fixed cockpit voice recorder and digital flight data recorder units on commercial aircraft. This second deployable recorder system shall be mounted as far rear on the airframe as practicable. ``(2) Minimum capabilities.--The deployable recording system shall be-- ``(A) capable of recording all mandatory data parameters covering the previous 25 hours of operation and all cockpit audio, including controller-pilot data link messages for the previous 2 hours of operation; ``(B) powered by the electrical bus to provide the maximum reliability for operation without jeopardizing service to essential or emergency loads; and ``(C) provided with an independent power source that is located with the combination recorder and that automatically engages and provides 10 minutes of operation whenever normal aircraft power ceases. ``(b) Schedule for Installation of Second Combined System.--The regulations shall require the installation of the deployable combination recorder system required under this section on commercial aircraft that are ordered by an air carrier on or after January 1, 2007. ``(c) Definitions.--In this section, the following definitions apply: ``(1) Commercial aircraft.--The term `commercial aircraft' means-- ``(A) a jet aircraft with 10 or more seats or greater than 12,500 pound maximum takeoff weight; and ``(B) a propeller driven aircraft with greater than 19 seats or greater than 19,000 pound maximum takeoff weight. ``(2) Deployable recorder system.--The term `deployable recorder system' means a digital flight data recorder, cockpit voice recorder and emergency locator transmitter housed as one unit within an assembly that is designed to be mounted conformal to the surface of the airframe, eject from the aircraft upon accident and fly away from the crash site, and float indefinitely on water.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``44729. Installation of additional flight recorders.''. SEC. 4. PURCHASE OF FIXED AND DEPLOYABLE RECORDER SYSTEMS. The Secretary of Transportation shall purchase and make available, at no cost, to an air carrier (as defined in section 40102 of title 49, United States Code) such deployable recorder systems as may be necessary for the air carrier to comply with the regulations issued under section 44729 of such title. SEC. 5. REIMBURSEMENT OF AIRCRAFT MANUFACTURERS. The Secretary of Transportation shall reimburse aircraft manufacturers owned or controlled by a citizen of the United States (as defined in section 40102 of title 49, United States Code) for engineering, certification, and installation costs they incur in developing and installing deployable recorder systems to comply with the regulations issued under section 44729 of such title. | Safe Aviation and Flight Enhancement Act of 2005 - Amends federal transportation law to direct the Secretary of Transportation to issue regulations requiring all commercial aircraft that must carry both a cockpit voice recorder and digital flight data recorder to be equipped with a second recorder system that utilizes deployable combination cockpit voice and digital flight data recording technology. Requires the second deployable recorder system to be mounted as far rear on the airframe as practicable. Sets forth minimum deployable recorder capabilities. Directs the Secretary to: (1) purchase and make available, at no cost, to an air carrier such deployable recorder systems as may be necessary for it to comply with regulations; and (2) reimburse aircraft manufacturers owned or controlled by a U.S. citizen for engineering, certification, and installation costs incurred in developing and installing deployable recorder systems to comply with regulations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Employment, Training and Related Services Demonstration Act Amendments of 2000''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--The Congress finds that-- (1) Indian tribes and Alaska Native organizations that have participated in carrying out programs under the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) have-- (A) improved the effectiveness of employment- related services provided by those tribes and organizations to their members; (B) enabled more Indian and Alaska Native people to prepare for and secure employment; (C) assisted in transitioning tribal members from welfare to work; and (D) otherwise demonstrated the value of integrating employment, training, education and related services. (E) the initiatives under the Indian Employment, Training, and Related Services Demonstration Act of 1992 should be strengthened by ensuring that all Federal programs that emphasize the value of work may be included within a demonstration program of an Indian or Alaska Native organization; (F) the initiatives under the Indian Employment, Training, and Related Services Demonstration Act of 1992 should have the benefit of the support and attention of the officials with policymaking authority of-- (i) the Department of the Interior; (ii) other Federal agencies that administer programs covered by the Indian Employment, Training, and Related Services Demonstration Act of 1992. (b) Purposes.--The purposes of this Act are to demonstrate how Indian tribal governments can integrate the employment, training and related services they provide in order to improve the effectiveness of those services, reduce joblessness in Indian communities, foster economic development on Indian lands, and serve tribally-determined goals consistent with the policies of self-determination and self- governance. SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF 1992. (a) Definitions.--Section 3 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2) the following: ``(1) Federal agency.--The term `federal agency' has the same meaning given the term `agency' in section 551(1) of title 5, United States Code.''. (b) Programs Affected.--Section 5 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3404) is amended by striking ``job training, tribal work experience, employment opportunities, or skill development, or any program designed for the enhancement of job opportunities or employment training'' and inserting the following: ``assisting Indian youth and adults to succeed in the workforce, encouraging self-sufficiency, familiarizing Indian Youth and adults with the world of work, facilitating the creation of job opportunities and any services related to these activities''. (c) Plan Review.--Section 7 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended-- (1) by striking ``Federal department'' and inserting ``Federal agency''; (2) by striking ``Federal departmental'' and inserting ``Federal agency''; (3) by striking ``department'' each place it appears and inserting ``agency''; and (4) in the third sentence, by inserting ``statutory requirement,'', after ``to waive any''. (d) Plan Approval.--Section 8 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) in the first sentence, by inserting before the period at the end the following; ``, including any request for a waiver that is made as part of the plan submitted by the tribal government''; (2) in the second sentence, by inserting before the period at the end the following: ``, including reconsidering the disapproval of any waiver requested by the Indian tribe''. (e) Job Creation Activities Authorized.--Section 9 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) by inserting ``(a) In General.--'' before ``The plan submitted''; and (2) by adding at the end the following: ``(b) Job Creation Opportunities.-- ``(1) In general.--Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this Act, a tribal government may use a percentage of the funds made available under this Act (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 10. ``(2) Determination of percentage.--The percentage of funds that a tribal government may use under this subsection is the greater of-- ``(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or ``(B) 10 percent. ``(c) Limitation.--The funds used for an expenditure described in subsection (a) may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.''. SEC. 4. REPORT ON EXPANDING THE OPPORTUNITIES FOR PROGRAM INTEGRATION. Not later than one year after the date of enactment of this Act, the Secretary, the Secretary of Health and Human Services, the Secretary of Labor, and the tribes and organizations participating in the integration initiative under this Act shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives on the opportunities for expanding the integration of human resource development and economic development programs under this Act, and the feasibility of establishing Joint Funding Agreements to authorize tribes to access and coordinated funds and resources from various agencies for purposes of human resources development, physical infrastructure development, and economic development assistance in general. Such report shall identify programs or activities which might be integrated and make recommendations for the removal of any statutory or other barriers to such integration. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act. Passed the Senate May 18, 2000. Attest: GARY SISCO, Secretary. | Permits a regional consortium of Alaska Native villages or regional or village corporations to carry out a project under a plan that meets the Act's requirements through a resolution adopted by the governing body of that consortium or corporation. Provides that such authorization shall not prohibit such a village or corporation from withdrawing from participation in any portion of a program. (Sec. 104) Requires the Secretaries of the Interior, Health and Human Services, and Labor, and the tribes and organizations participating in the integration initiative under the Act to report to the Senate Committee on Indian Affairs and the House Committee on Resources on the opportunities for expanding the integration of human resource development and economic development programs, and the feasibility of establishing Joint Funding Agreements to authorize tribes to access and coordinate funds and resources from various agencies for purposes of human resources development, physical infrastructure development, and economic development assistance in general. Requires such report to identify programs or activities that might be integrated and make recommendations for the removal of any statutory or other barriers to such integration. Title II: Limitation on Parties Liable in Certain Land Disputes - Provides that, in any action brought claiming an interest in land or natural resources located in Oneida or Madison counties in the State of New York that arises from: (1) the failure of Congress to approve or ratify the transfer of such land or natural resources from, by, or on behalf of any Indian nation, tribe, or band; or (2) a violation of any U.S. law that is specifically applicable to the transfer of land or natural resources from, by, or on behalf of any Indian nation, tribe, or band, liability shall be limited to the party to whom the Indian nation, tribe, or band allegedly transferred the land or natural resources. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Office Act of 1994''. SEC. 2. PUBLIC HEALTH SERVICE OFFICE OF WOMEN'S HEALTH. Part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following section: ``public health service office of women's health ``Sec. 310A. (a) Establishment of Office.--There is established an Office of Women's Health (hereafter referred to in this section as the `Office') within the Office of the Assistant Secretary for Health. ``(b) Assistant Secretary.--There shall be in the Department of Health and Human Services a Deputy Assistant Secretary for Women's Health, who shall be the head of the Office. The Secretary, acting through such Deputy Assistant Secretary, shall carry out this section. ``(c) Duties.--The Secretary, acting through the Office, shall, with respect to the health concerns of women-- ``(1) establish short-range and long-range goals and objectives and coordinate all other activities within the Department of Health and Human Services that relate to disease prevention, health promotion, service delivery, and research concerning women; ``(2) advise the Assistant Secretary for Health concerning scientific, legal, ethical, and policy issues relating to women's health; ``(3) monitor Public Health Service agency and regional activities regarding women's health, and coordinate activities of such agency Offices of Women's Health; ``(4) establish a women's health resource center to facilitate the exchange of information regarding matters relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, to facilitate access to such information, to assist in the analysis of issues and problems relating to such matters, and to provide technical assistance with respect to the exchange of such information (including facilitating the development of materials for such technical assistance); and ``(5) coordinate efforts to promote women's health programs and policies in the voluntary and corporate sectors. ``(d) Reports.--Not later than January 31, 1995, and January 31 of each second year thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report describing the activities carried out under this section during the preceding 2 fiscal years. ``(e) 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 1994 through 1996.''. SEC. 3. CENTERS FOR DISEASE CONTROL AND PREVENTION OFFICE OF WOMEN'S HEALTH. Part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) (as amended by section 2) is further amended by adding at the end the following section: ``centers for disease control and prevention office of women's health ``Sec. 310B. (a) Establishment.--There is established within the Office of the Director of the Centers for Disease Control and Prevention an office to be known as the Office of Women's Health (hereafter referred to in this section as the `Office'). The Office shall be headed by a director who shall be appointed by the Director of the Centers. ``(b) Purpose.--The Director of the Office shall-- ``(1) determine the current level of the Centers activity regarding women's health conditions, across age, biological, and sociocultural contexts, in all aspects of the Centers work, including prevention programs, public and professional education, services, and treatment; ``(2) establish short-range and long-range goals and objectives for women's health and coordinate all other activities within the Centers that relate to prevention, research, education and training, service delivery, and policy development; ``(3) identify projects in women's health that should be conducted or supported by the National Centers; ``(4) consult with health professionals, non-governmental organizations, consumer organizations, women's health professionals, and other individuals and groups, as appropriate, on the policy of the Centers with regard to women; and ``(5) coordinate agency activities on women's health with the Public Health Service Office of Women's Health established under section 310A. ``(c) Coordinating Committee.-- ``(1) Establishment.--In carrying out subsection (b), the Director of the Office shall establish a committee to be known as the Coordinating Committee on Research on Women's Health (hereafter referred to in this subsection as the `Coordinating Committee'). ``(2) Composition.--The Coordinating Committee shall be composed of the Directors of the National Centers. ``(3) Chairperson.--The Director of the Office shall serve as the chairperson of the Coordinating Committee. ``(4) Duties.--With respect to women's health, the Coordinating Committee shall assist the Director of the Office in-- ``(A) identifying the need for programs and activities that focus on women's health; ``(B) identifying needs regarding the coordination of activities, including intramural and extramural multidisciplinary activities; and ``(C) making recommendations to the Director of the Centers for Disease Control and Prevention concerning findings made under subparagraphs (A) and (B). ``(d) Reports.--Not later than January 31, 1995, and January 31 of each second year thereafter, the Director shall prepare and submit to the Director of the Public Health Service Office of Women's Health, a report describing the activities carried out under this section during the preceding 2 fiscal years. ``(e) Definition.--As used in this section the term `women's health conditions', with respect to women of all age, ethnic, and racial groups, means all diseases, disorders, and conditions-- ``(1) unique to, more serious, or more prevalent in women; and ``(2) for which the factors of medical risk or type of medical intervention are different for women, or for which it is unknown whether such factors or types are different for women.''. SEC. 4. AGENCY FOR HEALTH CARE POLICY AND RESEARCH OFFICE OF WOMEN'S HEALTH. Part C of title IX of the Public Health Service Act (42 U.S.C. 299c et seq.) is amended-- (1) by redesignating section 927 as section 928; and (2) by inserting after section 926 the following section: ``SEC. 927. OFFICE OF WOMEN'S HEALTH. ``(a) Establishment.--There is established within the Office of the Director of the Agency for Health Care Policy and Research an office to be known as the Office of Women's Health (hereafter referred to in this section as the `Office'). The Office shall be headed by a Director who shall be appointed by the Director of the Agency. ``(b) Purpose.--The Director of the Office shall-- ``(1) determine the current Agency level of activity regarding women's health, across age, biological, and sociocultural contexts, in all aspects of Agency work, including drafting clinical practice guidelines, and conducting research into patient outcomes, delivery of health care services, and access to health care; ``(2) establish short-range and long-range goals and objectives for research important to women's health and coordinate all other activities within the Agency that relate to health services and medical effectiveness research; ``(3) identify projects in women's health that should be conducted or supported by the Agency; ``(4) consult with health professionals, non-governmental organizations, consumer organizations, women's health professionals, and other individuals and groups, as appropriate, on Agency policy with regard to women; and ``(5) coordinate agency activities on women's health with the Public Health Service Office of Women's Health established under section 310A. ``(c) Coordinating Committee.-- ``(1) Establishment.--In carrying out subsection (b), the Director of the Office shall establish a committee to be known as the Coordinating Committee on Research on Women's Health (hereafter referred to in this subsection as the `Coordinating Committee'). ``(2) Composition.--The Coordinating Committee shall be composed of the Directors of the Offices. ``(3) Chairperson.--The Director of the Office shall serve as the chairperson of the Coordinating Committee. ``(4) Duties.--With respect to research on women's health, the Coordinating Committee shall assist the Director of the Office in-- ``(A) identifying the need for such research, and making an estimate each fiscal year of the funds needed to adequately support the research; ``(B) identifying needs regarding the coordination of research activities, including intramural and extramural multidisciplinary activities; and ``(C) making recommendations to the Director of the Agency for Health Care Policy and Research concerning findings made under subparagraphs (A) and (B). ``(d) Reports.--Not later than January 31, 1995, and January 31 of each second year thereafter, the Director shall prepare and submit to the Director of the Public Health Service Office of Women's Health, a report describing the activities carried out under this section during the preceding 2 fiscal years.''. SEC. 5. HEALTH RESOURCES AND SERVICES ADMINISTRATION OFFICE OF WOMEN'S HEALTH. Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following section: ``office of women's health ``Sec. 712. (a) Establishment.--There is established within the Office of the Administrator of the Health Resources and Services Administration an office to be known as the Office of Women's Health (hereafter referred to in this section as the `Office'). The Office shall be headed by a director who shall be appointed by the Director of the Administration. ``(b) Purpose.--The Director of the Office shall-- ``(1) determine the current agency level of activity regarding women's health across age, biological, and sociocultural contexts; ``(2) establish short-range and long-range goals and objectives for women's health and coordinate all other activities within the agency that relate to health care provider training, health service delivery, research, and demonstration projects; ``(3) identify projects in women's health that should be conducted or supported by the Bureaus; ``(4) consult with health professionals, non-governmental organizations, consumer organizations, women's health professionals, and other individuals and groups, as appropriate, on agency policy with regard to women; and ``(5) coordinate agency activities on women's health with the Public Health Service Office of Women's Health established under section 310A of the Public Health Service Act. ``(c) Coordinating Committee.-- ``(1) Establishment.--In carrying out subsection (b), the Director of the Office shall establish a committee to be known as the Coordinating Committee on Research on Women's Health (hereafter referred to in this subsection as the `Coordinating Committee'). ``(2) Composition.--The Coordinating Committee shall be composed of the Directors of the Bureaus. ``(3) Chairperson.--The Director of the Office shall serve as the Chairperson of the Coordinating Committee. ``(4) Duties.--With respect to research on women's health, the Coordinating Committee shall assist the Director of the Office in-- ``(A) identifying the need for programs and activities that focus on women's health; ``(B) identifying needs regarding the coordination of activities, including intramural and extramural multidisciplinary activities; and ``(C) making recommendations to the Director of the Centers for Disease Control and Prevention concerning findings made under subparagraphs (A) and (B). ``(d) Reports.--Not later than January 31, 1995, and January 31 of each second year thereafter, the Director of the Office shall prepare and submit to the Director of the Public Health Service Office of Women's Health, a report describing the activities carried out under this section during the preceding 2 fiscal years.''. SEC. 6. FOOD AND DRUG ADMINISTRATION OFFICE OF WOMEN'S HEALTH. Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following section: ``SEC. 906. OFFICE OF WOMEN'S HEALTH. ``(a) Establishment.--There is established within the Office of the Commissioner of the Food and Drug Administration an office to be known as the Office of Women's Health (hereafter referred to in this section as the `Office'). The Office shall be headed by a Director who shall be appointed by the Commissioner of the Administration. ``(b) Purpose.--The Director of the Office shall-- ``(1) determine current Commission levels of activity regarding women's participation in clinical trials the study of gender differences in the testing of drugs, medical devices, and biological products, across, age, sociocultural, and, where deemed appropriate, biological contexts; ``(2) establish short-range and long-range goals and objectives for adequate inclusion of women in all Commission protocols and policies; ``(3) provide guidance or criteria for drug and device manufacturers to use in determining the extent and sufficiency of female representation in clinical trials; ``(4) consult with pharmaceutical manufacturers, health professionals with expertise in women's issues, consumer organizations, and women's health professionals on Commission policy with regard to women; ``(5) make annual estimates of funds needed to monitor clinical trials in accordance with needs that are identified; and ``(6) coordinate Commission activities on women's health with the Public Health Service Office of Women's Health established under section 310A of the Public Health Service Act. ``(c) Coordinating Committee.-- ``(1) Establishment.--In carrying out subsection (b), the Director of the Office shall establish a committee to be known as the Coordinating Committee on Women's Health (hereafter referred to in this subsection as the `Coordinating Committee'). ``(2) Composition.--The Coordinating Committee shall be composed of the Directors of the Food and Drug Administration Centers. ``(3) Chairperson.--The Director of the Office shall serve as the Chairperson of the Coordinating Committee. ``(4) Duties.--With respect to studies on women's health, the Coordinating Committee shall assist the Director of the Office in-- ``(A) identifying the need for further studies in specific areas of women's health that fall within the mission of the Commission, and developing strategies to foster such studies; ``(B) identifying needs regarding the coordination of Commission activities, including intramural and extramural studies; ``(C) maintaining the Commission's focus in areas of importance to women; ``(D) supporting the development of methodologies to determine the circumstances in which obtaining data specific to women (including data relating to the age of women and the membership of women in ethnic or racial groups) is an appropriate function of clinical trials of treatments and therapies; ``(E) supporting the development and expansion of clinical trials of treatments and therapies for which obtaining such data has been determined to be an appropriate function; and ``(F) encouraging the Food and Drug Administration Centers to conduct and support such studies, including such clinical trials. ``(d) Reports.--Not later than January 31, 1995, and January 31 of each second year thereafter, the Director shall prepare and submit to the Director of the Public Health Service Office of Women's Health, a report describing the activities carried out under this section during the preceding 2 fiscal years.''. | Women's Health Office Act of 1994 - Amends the Public Health Service Act to establish an Office of Women's Health within the: (1) Office of the Assistant Secretary for Health; (2) Office of the Director of the Centers for Disease Control and Prevention; and (3) Office of the Director of the Agency for Health Care Policy and Research. Amends the: (1) Social Security Act to establish such an Office within the Office of the Administrator of the Health Resources and Services Administration; and (2) Federal Food, Drug, and Cosmetic Act to establish such an Office within the Office of the Commissioner of the Food and Drug Administration. Requires all such offices to: (1) establish goals and objectives and coordinate activities within their respective departments or agencies that relate to disease prevention, health promotion, service delivery, and research concerning women; (2) undertake appropriate advisory duties with respect to such issues; and (3) monitor and coordinate Federal and regional activities regarding women's health. Requires reports. Authorizes appropriations for such Office within the Office of the Assistant Secretary for Health. Requires in most cases the establishment of a Coordinating Committee on Research on Women's Health to undertake appropriate duties with respect to women's health research. |
-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e -`-`-M-u-l-t-i-s-t-a-t-e -U-t-i-l-i-t-y -C-o-m-p-a-n-y -C-o-n-s-u-m-e-r -P-r-o-t-e-c-t-i-o-n -A-c-t -o-f -1-9-9-3-'-'-. -S-E-C-. -2-. -A-F-F-I-L-I-A-T-E -C-H-A-R-G-E-S-. -(-a-) -S-e-c-t-i-o-n -2-0-5-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l -P-o-w-e-r -A-c-t -(-1-6 -U-.-S-.-C-. -8-2-4-d-(-a-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -b-y -i-n-s-e-r-t-i-n-g -`-`-(-1-)-'-' -i-m-m-e-d-i-a-t-e-l-y -a-f-t-e-r -`-`-(-a-)-'-'-; -a-n-d -(-2-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-(-2-) -N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -p-r-o-v-i-s-i-o-n -o-f -t-h-e -P-u-b-l-i-c -U-t-i-l-i-t-y -H-o-l-d-i-n-g -C-o-m-p-a-n-y -A-c-t -o-f -1-9-3-5-, -i-f -a -p-u-b-l-i-c -u-t-i-l-i-t-y -e-n-g-a-g-e-s -i-n -a -t-r-a-n-s-a-c-t-i-o-n -w-i-t-h -a-n -a-f-f-i-l-i-a-t-e-d -c-o-m-p-a-n-y-, -t-h-e -C-o-m-m-i-s-s-i-o-n -s-h-a-l-l -h-a-v-e -t-h-e -a-u-t-h-o-r-i-t-y -t-o -r-e-v-i-e-w -a-n-d -d-i-s-a-l-l-o-w -t-h-e -c-o-s-t-s -a-s-s-o-c-i-a-t-e-d -w-i-t-h -s-u-c-h -t-r-a-n-s-a-c-t-i-o-n -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f -d-e-t-e-r-m-i-n-i-n-g -a -j-u-s-t -a-n-d -r-e-a-s-o-n-a-b-l-e -r-a-t-e -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-)-(-1-)-.-'-'-. -(-b-) -S-e-c-t-i-o-n -2-0-6-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l -P-o-w-e-r -A-c-t -(-1-6 -U-.-S-.-C-. -8-2-4-e-(-a-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -b-y -i-n-s-e-r-t-i-n-g -`-`-(-1-)-'-' -i-m-m-e-d-i-a-t-e-l-y -a-f-t-e-r -`-`-(-a-)-'-'-; -a-n-d -(-2-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-(-2-) -N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -p-r-o-v-i-s-i-o-n -o-f -t-h-e -P-u-b-l-i-c -U-t-i-l-i-t-y -H-o-l-d-i-n-g -C-o-m-p-a-n-y -A-c-t -o-f -1-9-3-5-, -i-f -a -p-u-b-l-i-c -u-t-i-l-i-t-y -e-n-g-a-g-e-s -i-n -a -t-r-a-n-s-a-c-t-i-o-n -w-i-t-h -a-n -a-f-f-i-l-i-a-t-e-d -c-o-m-p-a-n-y-, -t-h-e -C-o-m-m-i-s-s-i-o-n -s-h-a-l-l -h-a-v-e -t-h-e -a-u-t-h-o-r-i-t-y -t-o -r-e-v-i-e-w -a-n-d -d-i-s-a-l-l-o-w -t-h-e -c-o-s-t-s -a-s-s-o-c-i-a-t-e-d -w-i-t-h -s-u-c-h -t-r-a-n-s-a-c-t-i-o-n -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f -d-e-t-e-r-m-i-n-i-n-g -a -j-u-s-t -a-n-d -r-e-a-s-o-n-a-b-l-e -r-a-t-e -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n -(-a-)-(-1-)-.-'-'-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Multistate Utility Consumer Protection Act of 1994''. SEC. 2. AUTHORITY TO DISALLOW RECOVERY OF CERTAIN COSTS UNDER FEDERAL POWER ACT. Section 318 of the Federal Power Act is amended-- (1) by inserting ``(a)'' after ``Sec. 318.''; and (2) by adding at the end thereof the following new subsections: ``(b)(1) The Commission shall have the authority to disallow recovery in jurisdictional rates of any costs incurred by a public utility pursuant to a transaction that has been authorized under section 13(b) of the Public Utility Holding Company Act of 1935, including costs allocated to such public utility in accordance with subsection (d), if the Commission determines that the recovery of such costs is unjust, unreasonable, or unduly preferential or discriminatory under sections 205 or 206 of this Act. ``(2) Nothing in the Public Utility Holding Company Act of 1935, or any actions taken thereunder, shall prevent a State commission from exercising its jurisdiction to the extent otherwise authorized under applicable law with respect to the recovery by a public utility in its retail rates of costs incurred by such public utility pursuant to a transaction authorized by the Securities and Exchange Commission under section 13(b) between an associate company and such public utility, including costs allocated to such public utility in accordance with subsection (d). ``(c) In any proceeding of the Commission to consider the recovery of costs described in subsection (b)(1), there shall be a rebuttable presumption that such costs are just, reasonable, and not unduly discriminatory or preferential within the meaning of this Act. ``(d)(1) In any proceeding of the Commission to consider the recovery of costs, the Commission shall give substantial deference to an allocation of charges for services, construction work or goods among associate companies under section 13 of the Public Utility Holding Company Act of 1935, whether made by rule, regulation, or order of the Securities and Exchange Commission prior to or following the enactment of this subsection. ``(2) If the Commission pursuant to subsection (d)(1) establishes an allocation of charges that differs from an allocation established by the Securities and Exchange Commission with respect to the same charges, the allocation established by the Federal Energy Regulatory Commission shall be effective twelve months from the date of the order of the Federal Energy Regulatory Commission establishing such allocation, and binding on the Securities and Exchange Commission as of that date. ``(e) An allocation of charges for services, construction work, or goods among associate companies under section 13 of the Public Utility Holding Company Act of 1935, whether made by rule, regulation, or order of the Securities and Exchange Commission prior to or following enactment of this subsection, shall prevent a State commission from using a different allocation with respect to the assignment of costs to any associate company. ``(f) Subsection (b) shall not apply to-- ``(1) any cost incurred and recovered prior to July 15, 1994, whether or not subject to refund or adjustment; or ``(2) any uncontested settlement approved by the Commission or a State commission prior to the date of enactment of the Multistate Utility Consumer Protection Act of 1994. ``(g) Impact on Other Matters.--The enactment of the Multistate Utility Consumer Protection Act of 1994 shall in no way affect FERC Docket No. FA89-28. ``(h) Savings Provision.--Section 318(b) of the Federal Power Act shall not apply to any cost incurred and recovered prior to the date of enactment of the Multistate Utility Consumer Protection Act of 1994 pursuant to a contract or other arrangement for the sale of fuel from Windsor Coal Company or Central Ohio Coal Company which has been the subject of a determination by the Securities and Exchange Commission prior to the date of enactment of the Multistate Utility Consumer Protection Act of 1994, or any cost prudently incurred after the date of enactment of the Multistate Utility Consumer Protection Act of 1994 pursuant to such a contract or other such arrangement on or before December 31, 2000.''. | Multistate Utility Consumer Protection Act of 1994 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) the power to review and disallow prospectively, for purposes of determining a just and reasonable rate for consumers, certain costs associated with transactions of a public utility holding company and an affiliated company pursuant to contracts regulated by the Securities and Exchange Commission (SEC). Provides that the Public Utility Holding Company Act does not preempt State utility commission jurisdiction regarding the recovery by a public utility in its retail rates of costs it incurred pursuant to a transaction authorized by the SEC between an associate company and the utility. Prescribes guidelines for the allocation of costs by the SEC, FERC, and State utility commissions in cross-jurisdictional transactions. Declares that this Act does not: (1) affect Docket No. FA89-28; and (2) apply to costs incurred or recovered pursuant to certain contracts for the sale of fuel from Windsor Coal Company or Central Ohio Coal Company. |
SECTION 1. LIMITING ELIGIBILITY OF ALIENS FOR PUBLIC WELFARE ASSISTANCE TO ALIENS PERMANENTLY AND LAWFULLY IN THE UNITED STATES. (a) In General.--Notwithstanding any other provision of law and except as provided in subsection (b), any alien shall be ineligible for any assistance under any public welfare assistance program referred to in subsection (c) unless the alien is an alien lawfully admitted to the United States for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act). In order to implement this section on a timely basis, the Attorney General shall issue regulations that are effective on an interim basis pending public notice and opportunity for public comment and consultation with Federal agencies. (b) Exception for Emergency Medical Assistance.--The limitation under subsection (a) shall not apply to medical assistance with respect to emergency services (as defined for purposes of section 1916(a)(2)(D) of the Social Security Act). (c) Public Welfare Assistance Programs.--The public welfare assistance programs referred to in this subsection are the following: (1) The program of medical assistance under title XIX of the Social Security Act, except emergency services as provided in subsection (b). (2) The Maternal and Child Health Services Block Grant Program under title V of the Social Security Act. (3) The program established in section 330 of the Public Health Service Act (relating to community health centers). (4) The program established in section 1001 of the Public Health Service Act (relating to family planning methods and services). (5) The program established in section 329 of the Public Health Service Act (relating to migrant health centers). (6) The program of aid and services to needy families with children under part A of title IV of the Social Security Act. (7) The child welfare services program under part B of title IV of the Social Security Act. (8) The supplemental security income program under title XVI of the Social Security Act. (9) The program of foster care and adoption assistance under part E of title IV of the Social Security Act. (10) The school lunch program carried out under the National School Lunch Act (42 U.S.C. 1751 et seq.). (11) The special supplemental food program for women, infants, and children carried out under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (12) The nutrition programs carried out under part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.). (13) The school breakfast program carried out under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (14) The child and adult care food program carried out under section 17 of the National School Lunch Act (42 U.S.C. 1766). (15) The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note). (16) The summer food service program for children carried out under section 13 of the National School Lunch Act (42 U.S.C. 1761). (17) The commodity supplemental food program authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note). (18) The special milk program carried out under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772). (19) The program of rental assistance on behalf of low- income families provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (20) The program of assistance to public housing under title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). (21) The loan program under section 502 of the Housing Act of 1949 (42 U.S.C. 1472). (22) The program of interest reduction payments pursuant to contracts entered into by the Secretary of Housing and Urban Development under section 236 of the National Housing Act (12 U.S.C. 1715z-1). (23) The program of loans for rental and cooperative housing under section 515 of the Housing Act of 1949 (42 U.S.C. 1485). (24) The program of rental assistance payments pursuant to contracts entered into under section 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)(A)). (25) The program of assistance payments on behalf of homeowners under section 235 of the National Housing Act (12 U.S.C. 1715z). (26) The program of rent supplement payments on behalf of qualified tenants pursuant to contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). (27) The loan and grant programs under section 504 of the Housing Act of 1949 (42 U.S.C. 1474) for repairs and improvements to rural dwellings. (28) The loan and assistance programs under sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486) for housing for farm labor. (29) The program of grants for preservation and rehabilitation of housing under section 533 of the Housing Act of 1949 (42 U.S.C. 1490m). (30) The program of grants and loans for mutual and self- help housing and technical assistance under section 523 of the Housing Act of 1949 (42 U.S.C. 1490c). (31) The program of site loans under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d). (32) The program under part B of title IV of the Higher Education Act of 1965. (33) The program under subpart 1 of part A of title IV of the Higher Education Act of 1965. (34) The program under part C of title IV of the Higher Education Act of 1965. (35) The program under subpart 3 of part A of title IV of the Higher Education Act of 1965. (36) The program under part E of title IV of the Higher Education Act of 1965. (37) The program under subpart 4 of part A of title IV of the Higher Education Act of 1965. (38) The program under title IX of the Higher Education Act of 1965. (39) The program under subpart 5 of part A of title IV of the Higher Education Act of 1965. (40) The programs established in sections 338A and 338B of the Public Health Service Act and the programs established in part A of title VII of such Act (relating to loans and scholarships for education in the health professions). (41) The program established in section 317(j)(1) of the Public Health Service Act (relating to grants for immunizations against vaccine-preventable diseases). (42) The program established in section 317A of the Public Health Service Act (relating to grants for screening, referrals, and education regarding lead poisoning in infants and children). (43) The program established in part A of title XIX of the Public Health Service Act (relating to block grants for preventive health and health services). (44) The programs established in subparts I and II of part B of title XIX of the Public Health Service Act. (45)(A) The program of training for disadvantaged adults and youth under part A of title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.), as in effect before July 1, 1993. (B)(i) The program of training for disadvantaged adults under part A of title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.), as in effect on and after July 1, 1993. (ii) The program of training for disadvantaged youth under part C of title II of the Job Training Partnership Act (29 U.S.C. 1641 et seq.), as in effect on and after July 1, 1993. (46) The Job Corps program under part B of title IV of the Job Training Partnership Act (29 U.S.C. 1692 et seq.). (47) The summer youth employment and training programs under part B of title II of the Job Training Partnership Act (29 U.S.C. 1630 et seq.). (48) The programs carried out under the Older American Community Service Employment Act (42 U.S.C. 3001 et seq.). (49) The programs under title III of the Older Americans Act of 1965. (50) The programs carried out under part B of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5011- 5012). (51) The programs carried out under part C of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013). (52) The program under the Low-Income Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (53) The weatherization assistance program under title IV of the Energy Conservation and Production Act (42 U.S.C. 6851). (54) The program of block grants to States for social services under title XX of the Social Security Act. (55) The programs carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (56) The program of legal assistance to eligible clients and other programs under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.). (57) The program for emergency food and shelter grants under title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11331 et seq.). (58) The programs carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). (59) A State program for providing child care under section 402(i) of the Social Security Act. (60) The program of State legalization impact-assistance grants (SLIAG) under section 204 of the Immigration Reform and Control Act of 1986. (d) Notification of Program Beneficiaries.--Any Federal agency that administers a public welfare assistance program referred to in subsection (c) shall, directly or through the States, notify each recipient of benefits of the changes in eligibility under this Act. | Limits alien eligibility for specified public assistance programs (excluding emergency medical assistance) to aliens who are legal permanent residents. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Building Code Incentive Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit everyday; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. SEC. 4. ADDITIONAL MITIGATION ASSISTANCE. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State an approved State building code, the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State, at least once every 6 years, shall submit its State building code to the President for approval. ``(3) Approval.--The President shall approve a State building code submitted under paragraph (2) if the President determines that the building code-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(5) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.''. SEC. 5. PREDISASTER HAZARD MITIGATION. (a) Uses of Technical and Financial Assistance.--Section 203(e)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) to establish and operate a building department and carry out enforcement activities to implement a State building code approved under section 404(d).''. (b) Criteria for Assistance Awards.--Section 203(g) of such Act (42 U.S.C. 5133(g)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following: ``(10) the extent to which the State or local government is carrying out activities to implement a State building code approved under section 404(d) and''. | Safe Building Code Incentive Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act, if at the time of a declaration of a major disaster the affected state has in effect and is actively enforcing an approved state building code. Requires a state, to be eligible for the increased federal share, to submit its state building code to the President for approval at least once every six years. Directs the President to approve a state building code submitted upon determining that it: (1) is consistent with the most recent version of a nationally recognized model building code; (2) has been adopted by the state within six years of the most recent version of the nationally recognized code; and (3) uses the nationally recognized code as a minimum standard. Authorizes the use by states and local governments of technical and financial assistance to implement predisaster hazard mitigation measures to establish and operate a building department and carry out enforcement activities to implement an approved state building code. Directs the President, in determining whether to provide technical and financial assistance to a state or local government, to take into account the extent to which that government is carrying out activities to implement an approved state building code. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century STEM for Girls and Underrepresented Minorities Act''. SEC. 2. GRANTS TO PREPARE GIRLS AND UNDERREPRESENTED MINORITIES. Title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6001 et seq.) is amended by adding at the end the following: ``PART E--PREPARING GIRLS AND UNDERREPRESENTED MINORITIES FOR THE 21ST CENTURY ``SEC. 5701. PROGRAM AUTHORITY. ``(a) In General.--From funds provided under section 5702, the Secretary is authorized to provide grants to, and enter into contracts or cooperative agreements with, local educational agencies on behalf of elementary and secondary schools to establish and implement a program to encourage the ongoing interest of girls and underrepresented minorities in science, mathematics, engineering, and technology and to prepare girls and underrepresented minorities to pursue undergraduate and graduate degrees and careers in science, mathematics, engineering, or technology. ``(b) Application.-- ``(1) In general.--To be eligible to receive a grant, or enter into a contract or cooperative agreement, under this part, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(2) Contents.--The application shall contain, at a minimum, the following: ``(A) A program description, including the content of the program and the research and models used to design the program. ``(B) A description of the collaboration between elementary and secondary schools to fulfill goals of the program and how the applicant will ensure that there is a comprehensive plan to improve science, mathematics, engineering, and technology education for girls and underrepresented minorities in grades kindergarten through 12. ``(C) A description of the process for recruitment and selection of participants. ``(D) A description of the planned instructional and motivational activities. ``(E) A description of any collaboration among local, regional, or national institutions and organizations that will occur in order to fulfill the goals of the program. ``(3) Priority.--In selecting among applications, the Secretary shall give priority to applicants that partner or coordinate, to the extent possible, with local, regional, or national institutions and organizations who have extensive experience, expertise and research on increasing the participation of girls or underrepresented minorities in science, mathematics, engineering and technology. ``(c) Use of Funds.--Funds provided under this section shall be used for the following: ``(1) Acquainting and preparing girls and underrepresented minorities with careers in science, mathematics, engineering, and technology, and the advantages of pursuing careers in these areas. ``(2) Educating the parents of girls and underrepresented minorities about the opportunities and advantages of science, mathematics, engineering, and technology careers. ``(3) Enlisting the help of the parents of girls and unrepresented minorities in overcoming the obstacles these groups face and encouraging their child's continued interest and involvement in science, mathematics, engineering, and technology. ``(4) Providing tutoring and mentoring programs in science, mathematics, engineering, and technology. ``(5) Establishing partnerships and other opportunities that expose girls and underrepresented minorities to role models in the fields of science, mathematics, engineering and technology. ``(6) Enabling female and underrepresented minority students and their teachers to attend events and academic programs in science, mathematics, engineering, and technology. ``(7) Providing after-school activities designed to encourage interest, and develop skills of girls and underrepresented minorities, in science, mathematics, engineering, and technology. ``(8) Summer programs designed in order that girls and unrepresented minorities develop an interest in, develop skills in, and understand the relevance and significance of, science, mathematics, engineering, and technology. ``(9) Purchasing-- ``(A) educational instructional materials or software designed to encourage interest of girls and underrepresented minorities in science, mathematics, engineering, and technology; or ``(B) equipment, instrumentation, or hardware used for teaching and to encourage interest of girls and underrepresented minorities in science, mathematics, engineering, and technology. ``(10) Field trips to locations, including institutions of higher education, to educate and encourage girls' and underrepresented minorities' interest in science, mathematics, engineering, and technology and acquaint them with careers in these fields. ``(11) Providing academic advice and assistance in high school course selection that encourages girls and underrepresented minorities to take advanced courses in areas of science, technology, engineering, and mathematics. ``(12) Paying up to 50 percent of the cost of an internship in science, mathematics, engineering, or technology for female and underrepresented minority students. ``(13) Providing professional development for teachers and other school personnel, including-- ``(A) how to eliminate gender and racial bias in the classroom; ``(B) how to be sensitive to gender and racial differences; ``(C) how to engage students in the face of gender- based and racial peer pressure and parental expectations; ``(D) how to create and maintain a positive environment; and ``(E) how to encourage girls and underserved minorities through academic advice and assistance to pursue advanced classes and careers in science, mathematics, engineering, and technology fields. ``(d) Supplement, Not Supplant.--The Secretary shall require each local educational agency to use the assistance provided under this section only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this section. ``(e) Evaluations.--Each local educational agency that receives funds under this section shall provide the Secretary, at the conclusion of every school year during which the funds are received, with an evaluation, in a form prescribed by the Secretary. This evaluation shall include-- ``(1) a description of the programs and activities conducted by the local educational agency using the funds; ``(2) data on curriculum and partnerships developed using the funds; ``(3) data on the amount of time spent on subjects allowed for under the grant; and ``(4) such other information as may be required by the Secretary. ``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2012 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. | 21st Century STEM for Girls and Underrepresented Minorities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to provide grants to, and enter into agreements with, local educational agencies (LEAs) to improve the education of girls and underrepresented minorities in science, technology, engineering, and mathematics (STEM) and prepare them to pursue undergraduate and graduate degrees and careers in such fields. Gives priority to LEAs that partner or coordinate with local, regional, or national entities experienced in increasing the participation of girls or underrepresented minorities in STEM. Requires the use of grant funds to: (1) involve the parents of girls and underrepresented minorities in stoking their children's interest in STEM, (2) provide tutoring and mentoring programs in such fields, (3) expose girls and underrepresented minorities to STEM role models, (4) enable such students and their teachers to attend STEM events outside the classroom, (5) provide after-school and summer programs for students in such fields, (6) purchase education materials or equipment to facilitate STEM instruction, (7) provide such students with academic advice and assistance in selecting high school courses, (8) pay up to 50% of the cost of a STEM internship for such students, and (9) train school personnel to facilitate students' progress in such fields. |
TITLE I--MOTOR VEHICLE INSPECTION AND MAINTENANCE SEC. 101. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that, in carrying out title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') has failed to-- (1) adequately consider alternative programs to centralized vehicle emission testing programs, as required by section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); and (2) provide adequate credit to States for the alternative programs. (b) Purpose.--The purpose of this title is to require the Administrator to-- (1) reassess the determinations of the Administrator with respect to the equivalency of centralized and decentralized programs under section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); and (2) issue new regulations governing the programs that-- (A) result in minimum disruption to the ability of States to comply with other requirements of such Act (42 U.S.C. 7401 et seq.); and (B) provide States a reasonable opportunity to comply with the new regulations and implement decentralized testing programs. SEC. 102. IMPLEMENTATION OF ENHANCED VEHICLE INSPECTION PROGRAMS. (a) In General.--Notwithstanding any other provision of law, a State shall not be required to implement an enhanced vehicle inspection and maintenance program under section 182(c)(3)(42 U.S.C. 7511a(c)(3)) or section 184 (42 U.S.C. 7511c) of the Clean Air Act before the date 2 years after the date of the enactment of this Act. (b) Reassessment of Regulations.-- (1) In general.--The Administrator shall-- (A) immediately rescind the regulations issued on November 5, 1992 (57 Fed. Reg. 52950), relating to operation of the program described in subsection (a) on a centralized basis; and (B) during the period beginning on the date of enactment of this Act and ending 2 years thereafter-- (i) reassess the determinations made by the Administrator with respect to operation of the program described in subsection (a) on a centralized basis, taking into consideration comments submitted by States; and (ii) issue new regulations relating to operation of the program described in subsection (a) on a centralized basis. (2) Requirements.--The regulations issued under paragraph (1)(B)(ii) shall-- (A) in accordance with the intent of section 182(c)(3)(C)(vi) of the Clean Air Act (42 U.S.C. 7511a(c)(3)(C)(vi)) and section 184 of that Act (42 U.S.C. 7511c)-- (i) make reasonably available to States the option of operation of the program described in subsection (a) on a decentralized basis; and (ii) establish criteria that a State must meet in order to demonstrate that a decentralized program of the State is equally effective as a centralized program; and (B)(i) provide each State a reasonable opportunity to submit (at the option of the State) a new revision to a plan under section 182(c)(3) (42 U.S.C. 7511a(c)(3)) or 184 (42 U.S.C. 7511c) of such Act based on the new regulations, which revision shall replace any revision to a plan previously submitted by the State under section 182(c)(3) or 184 of such Act; and (ii) include a schedule that provides States a reasonable opportunity to implement any new revisions to plans that they submit. (3) Judicial review.--Notwithstanding section 706 of title 5, United States Code, or any other provision of law, if the regulations issued pursuant to paragraph (1)(B)(ii) are reviewed by a court, the court shall hold unlawful and set aside the regulations if the regulations are found to be unsupported by a preponderance of the evidence. (c) Prohibition on Imposition of Sanctions.--Until such time as the Administrator has carried out subsection (b)(1)-- (1) the Administrator may not issue a finding, disapproval, or determination under section 179(a) of the Clean Air Act (42 U.S.C. 7509(a)), or apply a sanction specified in section 179(b) of such Act, to a State with respect to a failure to implement a program described in subsection (a), or any portion of such a program; and (2) the Administrator and the Administrator of the Federal Highway Administration of the Department of Transportation may not take any adverse action, against a State with respect to a failure described in paragraph (1), under (A) section 176 of the Clean Air Act (42 U.S.C. 7506); (B) chapter 53 of title 49, United States Code; (C) subpart T of part 51, or subpart A of part 93, of title 40, Code of Federal Regulations (commonly known as the ``transportation conformity rule''); or (D) part 6, 51, or 93 of title 40, Code of Federal Regulations (commonly known as the ``general conformity rule''). (d) Full Credit for Decentralized Programs.--Until such time as the Administrator has carried out subsection (b)(1), for the purpose of the attainment demonstration and the reasonable further progress demonstration required under section 182(c)(2) of the Clean Air Act (42 U.S.C. 7511a(c)(2)), the Administrator shall consider the operation of the program described in subsection (a) on a decentralized basis as equivalent to the operation of the program on a centralized basis in any case in which a State demonstrates that a determination of such an equivalency is reasonable. (e) Vehicle Inspection and Maintenance in Ozone Transport Regions.--Section 184(b)(1)(A) of the Clean Air Act (42 U.S.C. 7511c(b)(1)(A)) is amended by striking ``182(c)(2)(A)(pertaining to enhanced vehicle inspection and maintenance programs)'' and inserting ``182(b)(4)(relating to motor vehicle inspection and maintenance) or, in the case of an area classified as serious, severe, or extreme, section 182(c)(3)(A)(relating to enhanced vehicle inspection and maintenance programs)''. TITLE II--REDESIGNATION OF ATTAINMENT AREAS SEC. 201. FINDINGS. The Congress finds that-- (1) The year 1988 was a climatological anomaly, with data collection revealing unparalleled, frequent, and high temperatures. (2) The frequency and persistence of high temperature days are the most significant factors in causing ambient ozone air pollution episodes. (3) The number of ambient ozone air pollution exceedance days on a national average (excluding the State of California) was 607 days in 1988, compared to 104 days in 1993, and 93 days in 1994. (4) In a 3-year measurement of ozone which included 1988 data, the Environmental Protection Agency found 98 regions as ozone nonattainment under the Clean Air Act. (5) In a 3-year average of ozone measurement excluding 1988 data, the Environmental Protection Agency found 41 of the 98 previously designated nonattainment regions registering ozone attainment under the Clean Air Act for the consecutive years 1991, 1992, 1993. SEC. 202. REDESIGNATION AS ATTAINMENT. Section 107(d)(3)(B) of the Clean Air Act (42 U.S.C. 7407(d)(3)(B)) is amended by inserting ``(i)'' after ``(B)'', and adding the following new clause (ii) at the end thereof: ``(ii) Notwithstanding any other provision of this paragraph, if the Governor submits a redesignation of an appropriate area, or portion thereof, from nonattainment to attainment, and such designation is based upon the attainment of the relevant National Ambient Air Quality Standard for 3 consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator.''. | TABLE OF CONTENTS: Title I: Motor Vehicle Inspection and Maintenance Title II: Redesignation of Attainment Areas Title I: Motor Vehicle Inspection and Maintenance - Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable. Title II: Redesignation of Attainment Areas - Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Breaking Down Barriers Act of 2011''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Advance construction of highway projects. Sec. 3. Surface transportation project delivery pilot program. Sec. 4. Methods to consolidate and streamline environmental impact statement processing. Sec. 5. Categorical exclusions. Sec. 6. Administration of highway and public transportation projects with high non-Federal shares. Sec. 7. Requirements for prompt payments and approvals by the Secretary of Transportation. Sec. 8. Assistance to State and Federal agencies. SEC. 2. ADVANCE CONSTRUCTION OF HIGHWAY PROJECTS. (a) Finding.--Congress finds that it is in the public interest for the Secretary of Transportation to allow States to carry out advance construction activities under section 115 of title 23, United States Code, as a method for accelerating the delivery of highway projects and creating jobs. (b) Preapproval Spending; Letters of No Prejudice.--Section 115 of title 23, United States Code, is amended by adding at the end the following: ``(d) Preapproval Spending.--In approving an application for a project under this section, the Secretary may include as part of the project activities carried out by the State before the date of approval of the application if the Secretary determines that the activities were carried out in accordance with the requirements applicable to the project. ``(e) Letters of No Prejudice.-- ``(1) Issuance.--The Secretary may issue letters of no prejudice for projects under this section in the same manner as the Secretary issues such letters for public transportation projects under sections 5307 and 5309 of title 49. ``(2) Timing.--To accelerate project delivery, the Secretary may issue a letter of no prejudice for a project at the time the project is included in the transportation improvement program of the State developed under section 135(f) or as soon as practicable thereafter.''. SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM. Section 327 of title 23, United States Code, is amended-- (1) in the section heading by striking ``pilot''; (2) in subsection (a)(1) by striking ``pilot''; (3) in subsection (a)(2)-- (A) in subparagraph (B) by striking clause (ii) and inserting the following: ``(ii) the Secretary may not assign any responsibility imposed on the Secretary by section 134 or 135.''; and (B) by adding at the end the following: ``(F) Preservation of flexibility.--The Secretary shall not require a State, as a condition of participation in this program, to forego project delivery methods that are otherwise permissible for highway projects. ``(G) Highway project.--A highway project under subparagraph (A) includes any project eligible under this title. With respect to such a project, a State may assume the responsibilities administered by the Federal Highway Administration, but the State may not assume the responsibilities of any other modal administration within the Department.''; (4) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Participating states.-- ``(A) In general.--All States are eligible to participate in the program. ``(B) Special rule.--Any State participating in the program under this section on September 30, 2009, shall be permitted by the Secretary to continue to participate in the program and such State shall not have to submit an application under paragraph (2) in order to participate in the program.''; and (B) in paragraph (2) by striking ``this section, the Secretary shall promulgate'' and inserting ``the Breaking Down Barriers Act of 2011, the Secretary shall modify, as appropriate,''; and (5) by striking subsection (i) and inserting the following: ``(i) Termination.--The Secretary may terminate the participation of any State in the program if-- ``(1) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; ``(2) the Secretary provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under paragraph (2), fails to take satisfactory corrective action, as determined by Secretary.''. SEC. 4. METHODS TO CONSOLIDATE AND STREAMLINE ENVIRONMENTAL IMPACT STATEMENT PROCESSING. (a) Study.--The Comptroller General of the United States shall conduct a study on methods to consolidate and streamline the environmental impact statement process as the process applies to the construction of Federal-aid highway and highway safety construction projects and public transportation projects. (b) Contents.--The study shall focus on current procedures for environmental impact statements and the feasibility modernizing those procedures to include new media and other communication techniques. (c) Report to Congress.--Not later than 270 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. SEC. 5. CATEGORICAL EXCLUSIONS. (a) Recommendations for Expanding List of Categorical Exclusions.-- The Secretary of Transportation, in consultation with the Administrator of the Federal Highway Administration and the Administrator of the Federal Transit Administration, shall develop recommendations for expanding the list of activities that are included within classes of action, identified in regulation by the Secretary, that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality under part 1500 of title 40, Code of Federal Regulations. (b) Participation of Recipients.--In developing the recommendations, the Secretary shall solicit comments from States and other recipients of assistance under title 23, United States Code, and chapter 53 of title 49, United States Code. (c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the recommendations developed under subsection (a). SEC. 6. ADMINISTRATION OF HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS WITH HIGH NON-FEDERAL SHARES. (a) Highway Projects.--Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(j) Administration of Projects With High Non-Federal Shares.-- ``(1) Delegation of federal responsibilities.--In carrying out subsection (b), the Secretary may enter into an agreement to permit a State to assume all of the responsibilities of the Secretary for a project funded using amounts apportioned to the State under this title if the State certifies that-- ``(A) the project will be carried in accordance with the requirements applicable to the project; and ``(B) at least two-thirds of the total cost of the project will be derived from State funds. ``(2) Termination of agreements.--The Secretary may terminate an agreement entered into for a project under paragraph (1) if the Secretary determines that a requirement applicable to the project is not being met.''. (b) Public Transportation Projects.--Section 5334 of title 49, United States Code, is amended by adding at the end the following: ``(m) Administration of Projects With High Non-Federal Shares.-- ``(1) Delegation of federal responsibilities.--The Secretary may enter into an agreement to permit a recipient of funds under section 5307 or 5311 to assume all of the responsibilities of the Secretary for a project funded using such funds if the recipient certifies that-- ``(A) the project will be carried in accordance with the requirements applicable to the project; and ``(B) at least two-thirds of the total cost of the project will be derived from non-Federal sources. ``(2) Termination of agreements.--The Secretary may terminate an agreement entered into for a project under paragraph (1) if the Secretary determines that a requirement applicable to the project is not being met.''. SEC. 7. REQUIREMENTS FOR PROMPT PAYMENTS AND APPROVALS BY THE SECRETARY OF TRANSPORTATION. (a) Extension of Highway Prompt Payment Program to Other DOT Programs.--The Secretary of Transportation shall extend the prompt payment program that applies to Federal-aid highway and highway safety construction projects to cover other transportation construction projects for which funding is provided by the Secretary. (b) Deadlines for Federal Approval Actions.-- (1) Regulations.--The Secretary of Transportation shall issue regulations to establish deadlines for Federal actions relating to the approval of projects under title 23, United States Code, and chapter 53 of title 49, United States Code. (2) Failure to meet approval deadlines.--Regulations issued under paragraph (1) shall provide that if an application is submitted to the Secretary for approval of a project under title 23, United States Code, or chapter 53 of title 49, United States Code, and the Secretary does not act on the application on or before the deadline established for that action under such regulations, the application shall be treated as having been approved. (3) Deadline for issuance of final regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations under paragraph (1). SEC. 8. ASSISTANCE TO STATE AND FEDERAL AGENCIES. Section 139(j)(2) of title 23, United States Code, is amended by adding at the end the following: ``Such activities may include activities that extend beyond environmental work to other aspects and modes of program and project delivery.''. | Breaking Down Barriers Act of 2011 - Authorizes the Secretary of Transportation (DOT) to include as part of a federal-aid highway project any activities carried out by a state before approval of its application for federal funding if such activities meet applicable project requirements. Authorizes the Secretary, in order to accelerate project delivery, to issue a letter of no prejudice for a project at the time the project is included in the state transportation improvement program or as soon as practicable. Revises and makes permanent the surface transportation project delivery pilot program. Prohibits the Secretary from requiring a state, as a condition of participation in the program, to forego project delivery methods otherwise permissible for highway projects. Authorizes a state to assume highway project responsibilities administered by the Federal Highway Administration (FHWA), but not the responsibilities of any other modal administration within the Department of Transportation (DOT). Repeals the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by all states. Prescribes a special rule to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application. Directs the Comptroller General to study methods to consolidate and streamline the environmental impact statement process with respect to federal-aid highway and highway safety construction projects and public transportation projects, with particular focus on the feasibility of modernizing current procedures for environmental impact statements to include new media and other communication techniques. Directs the Secretary to develop recommendations for expanding the list of activities categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality. Authorizes the Secretary to enter into an agreement to permit a state to assume all of the Secretary's responsibilities for federal-aid highway and public transportation projects if the state certifies that: (1) the project will be carried out in accordance with applicable requirements, and (2) at least two-thirds of the total projects costs will be derived from state funds. Directs the Secretary to extend the highway prompt payment program to other DOT transportation construction projects. Directs the Secretary to issue regulations to establish deadlines for federal approval actions with respect to federal-aid highway and public transportation projects. Authorizes the Secretary to approve a request by a state to provide state public transportation and federal-aid highway project funds to federal agencies (including the DOT), state agencies, and Indian tribes participating in the environmental review process for such projects, or in an approved state process, to support activities that extend beyond environmental work to other aspects and modes of program and project delivery. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kentucky National Wildlife Refuge Authorization Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the area known as the Clarks River Basin, consisting of 20,000 acres of bottomland hardwood and associated wetlands along the Clarks River and the East Fork of the Clarks River in Graves, Marshall, and McCracken Counties, Kentucky, is of critical importance to a variety of migratory and resident waterfowl, neotropical migratory birds, forest wildlife, and riverine species, and a wide array of other species associated with bottomland communities; (2) the area is the only major, natural (unchannelized) bottomland hardwood wetland ecosystem remaining in western Kentucky and attracts wintering migratory waterfowl, neotropical migratory birds, and an array of raptors; (3) the area provides extraordinary recreational, research, and educational opportunities for students, scientists, birdwatchers, wildlife observers, hunters, anglers, hikers, and nature photographers; (4) the area is an internationally significant environmental resource that is unprotected and requires active management to prevent vegetative encroachment and to otherwise protect and enhance the value of the area as fish and wildlife habitat; (5) the Clarks River Basin has been identified in the preliminary project proposal plan for the establishment of the Kentucky National Wildlife Refuge, prepared by the United States Fish and Wildlife Service (Southeast Region), as an area deserving permanent protection; and (6) since agriculture and silviculture are essential to the economies of Graves, Marshall, and McCracken Counties and can contribute to healthy ecosystems for wildlife, the refuge should not restrict agricultural and silvicultural activities on private lands. SEC. 3. PURPOSE. The purpose of this Act is to establish the Kentucky National Wildlife Refuge to be managed-- (1) to conserve fish and wildlife populations and the habitats of the populations, including habitats of bald eagles, golden eagles, Indiana bats, wood ducks, neotropical migratory birds, shorebirds, and other migratory birds; (2) to preserve and showcase the concepts of biodiversity and ecosystem management; (3) to enhance and provide a vital link to public areas containing habitat managed for waterfowl and other migratory birds; (4) to fulfill international treaty obligations of the United States with regard to fish and wildlife and the habitats of the fish and wildlife; (5) to restore and maintain the physical and biological integrity of wetlands and other waters within the refuge; (6) to conserve species known to be threatened with extinction; and (7) to provide opportunities for scientific research, environmental education, and fish- and wildlife-associated recreation (including hunting, trapping, and fishing) and access to the extent compatible with the management purposes specified in paragraphs (1) through (6). SEC. 4. DEFINITIONS. In this Act: (1) Land.--The term ``land'' includes an interest in land. (2) Refuge.--The term ``refuge'' means the Kentucky National Wildlife Refuge established under section 5. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (4) Water.--The term ``water'' includes an interest in water. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Establishment.--In accordance with this Act, the Secretary shall establish a staffed and fully functional national wildlife refuge to be known as the ``Kentucky National Wildlife Refuge''. (b) Boundary Designation.--The Secretary shall-- (1) consult with appropriate State and local officials, private conservation organizations, and other interested parties in designating the boundaries of the refuge, which shall comprise approximately 20,000 acres; (2) prepare a detailed map depicting the boundaries designated under paragraph (1), which shall be on file and available for public inspection at offices of the United States Fish and Wildlife Service; and (3) include in the boundaries of the refuge the lands, aquatic systems, wetlands, and waters depicted on the maps prepared under paragraph (2). (c) Boundary Revisions.--The Secretary may make such minor revisions in the boundaries designated under subsection (b) as are necessary to carry out the purpose of the refuge and to facilitate the acquisition of property within the refuge. (d) Acquisition.--To the extent authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901 et seq.), and other laws, the Secretary may acquire for inclusion in the refuge, by purchase from willing sellers, donation, or exchange, lands and waters (including permanent conservation easements) within the boundaries designated under subsection (b). All lands and waters so acquired shall become part of the refuge. (e) Operation and Maintenance.--The Secretary shall construct such office, maintenance, and support facilities as are necessary for the operation and maintenance of the refuge. SEC. 6. ADMINISTRATION. (a) General Administrative Authority.--The Secretary shall administer all lands and waters acquired under section 5 in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (b) Other Administrative Authority.--Consistent with subsection (a) and to carry out the purpose of the refuge, the Secretary may use such additional authority as is available to the Secretary for the conservation and development of fish, wildlife, and natural resources, the development of outdoor recreational opportunities (including hunting, trapping, and fishing), and interpretative education. (c) Management Plan.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall prepare a comprehensive management plan for the development and operation of the refuge that shall include-- (A) refuge management priorities and strategies; (B) the planning and design of observation points, trails, and access points, including parking and other necessary facilities; and (C) such provisions as are necessary to ensure that-- (i) no activity carried out in the refuge will result in the obstruction of the flow of water so as to affect any private land adjacent to the refuge; and (ii) no buffer zone regulating any land use (other than hunting and fishing) is established. (2) Public participation.-- (A) In general.--The Secretary shall provide opportunity for public participation in developing the management plan. (B) Local entities.--The Secretary shall give special consideration to means by which the participation and contributions of local public and private entities in developing and implementing the management plan can be encouraged. (d) Outreach and Education.--The Secretary shall work with, provide technical assistance to, provide community outreach and education programs for or with, or enter into cooperative agreements with private landowners, State and local governments or agencies, and conservation organizations to further the purpose for which the refuge is established. SEC. 7. GIFTS. As soon as practicable after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service shall request that the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) take such measures as the Foundation considers appropriate to encourage, accept, and administer private gifts of property or funds to further the purpose of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Kentucky National Wildlife Refuge Authorization Act - Directs the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to establish a staffed and fully functional Kentucky National Wildlife Refuge. Requires the Secretary to: (1) prepare a comprehensive management plan for the development and operation of the Refuge; and (2) work with, provide technical assistance to, provide community outreach and education programs for or with, or enter into cooperative agreements with private landowners, State and local governments or agencies, and conservation organizations to further the purpose for which the Refuge is established. Requires the Director to request that the National Fish and Wildlife Foundation take measures to encourage, accept, and administer private gifts of property or funds to further the purposes of this Act. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Transparency and Taxpayer Protection Act of 2011''. SEC. 2. DISPOSITION OF NON-MISSION CRITICAL ASSETS. (a) Enterprise Reports to Director.--The Director of the Federal Housing Finance Agency shall require each enterprise to submit a report to the Director, not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act, that-- (1) identifies all assets of value of the enterprise; and (2) describes the functions, characteristics, and estimated value of each such asset. (b) Determination of Non-Mission Critical Assets.-- (1) In general.--After reviewing the report submitted by an enterprise pursuant to subsection (a), the Director shall make a determination of which assets of such enterprise are critical, and which are not critical, to carrying out the mission of the enterprise in accordance with the charter Act for the enterprise and other applicable laws. (2) Patents and historical mortgage data.--The determinations under paragraph (1) shall include determinations with regard to any patents and historical mortgage data of the enterprise. (c) Annual Plans.-- (1) Establishment.--Not later than the expiration of the 12- and 24-month periods beginning upon the date of the enactment of this Act, the Director shall establish a plan for each enterprise for sale or other disposition, during the annual plan period for each such plan, of assets of such enterprise that the Director has determined, pursuant to subsection (b), to be non-mission critical assets of such enterprise in a manner that complies with the requirements under subsection (d) (relating to implementation, commencement, and divestment). (2) Contents.--Each plan required under paragraph (1) for an enterprise shall-- (A) identify the non-mission critical assets of the enterprise to be sold or otherwise disposed of during the annual plan period; (B) specifically address whether and how patents and historical mortgage data of the enterprise that are non-mission critical assets should be sold or disposed of during the annual plan period, which may include making such assets available in the public domain; (C) provide for any sales or other dispositions to be conducted in accordance with section 1367(b)(11)(E) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617(b)(11)(E)); and (D) include any other information as the Director considers appropriate. (d) Implementation.-- (1) Commencement.--Not later than the expiration of the 90- day period beginning upon establishment of each annual plan pursuant to subsection (c), the Director shall commence implementation of such plan. (2) Divestment of all non-mission critical assets.--The Director shall prohibit each enterprise from owning or holding, after the expiration of the 36-month period beginning upon the date of the enactment of this Act, any asset that the Director has determined, pursuant to subsection (b), to be a non-mission critical asset of such enterprise. (e) Annual Reports to Congress.--Not later than 90 days after the conclusion of the annual plan period for each annual plan for an enterprise required by subsection (c), the Director shall submit to the Congress a report on the non-mission critical assets of such enterprise that were sold or otherwise disposed of pursuant to such annual plan. (f) Definitions.--For purposes of this section, the following definitions shall apply: (1) Annual plan period.--The term ``annual plan period'' means, with respect to an annual plan established pursuant to subsection (c) for an enterprise, the 12-month period that begins upon establishment of the annual plan. (2) Charter act.--The term ``charter Act'' means-- (A) with respect to the Federal National Mortgage Association, the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); and (B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.). (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Enterprise.--The term ``enterprise'' has the meaning given such term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (5) Non-mission critical assets.--The term ``non-mission critical asset'' means, with respect to an enterprise, an asset of the enterprise that the Director determines, pursuant to subsection (b), is not critical to carrying out the mission of the enterprise in accordance with the charter Act for the enterprise and other applicable laws. | Market Transparency and Taxpayer Protection Act of 2011 - Directs the Director of the Federal Housing Finance Agency to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) to identify to the Director all assets of value of the GSE and their functions, characteristics, and estimated value. Requires the Director then to: (1) determine which assets are critical, and which are not critical, to carrying out the GSE's mission; and (2) establish plans annually for the sale or other disposition of any non-mission critical assets. |
SECTION 1. NORTHERN CHEYENNE INDIAN RESERVED WATER RIGHTS SETTLEMENT ACT OF 1992. (a) Environmental Costs._Section 7 of the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102-374, 106 Stat. 1186 et seq.) is amended by adding the following new subsections (f) and (g) and redesignating the succeeding subsections accordingly: ``(f) Environmental Costs._All costs associated with the Tongue River Dam Project for environmental compliance mandated by Federal law and fish and wildlife mitigation measures adopted by the Secretary are the sole responsibility of the United States. Funds for such compliance shall be appropriated pursuant to the authorization in subsection (e), and shall be in addition to funds appropriated pursuant to section 7(b)(1) of the Act. The Secretary is authorized to expend not to exceed $625,000 of funds appropriated pursuant to subsection (e) for fish and wildlife mitigation costs associated with Tongue River Dam construction authorized by the Act, and shall be in addition to funds appropriated pursuant to section 7(b)(1) of the Act. ``(g) Reimbursement to State._The Secretary shall reimburse Montana for expenditures for environmental compliance activities, conducted on behalf of the United States prior to enactment of this subsection (g), which the Secretary determines to have been properly conducted and necessary for completion of the Tongue River Dam Project. Subsequent to enactment of this subsection (g), the Secretary may not reimburse Montana for any such environmental compliance activities undertaken without the Secretary's prior approval.''. (b) Authorizations._The first sentence of section 4(c) of the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102-374; 106 Stat. 1186 et seq.) is amended to read as follows: ``Except for authorizations contained in subsections 7(b)(1)(A), 7(b)(1)(B), and the authorization for environmental compliance activities for the Tongue River Dam Project contained in subsection 7(e), the authorization of appropriations contained in this Act shall not be effective until such time as the Montana water court enters and approves a decree as provided in subsection (d) of this section.''. (c) Effective Date._The amendments made by this section shall be considered to have taken effect on September 30, 1992. SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992. (a) Amendment._Section 3704(d) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (Public Law 102-575) is amended by deleting ``reimbursable'' and inserting in lieu thereof ``nonreimbursable''. (b) Effective Date._The amendment made by subsection (a) shall be considered to have taken effect on October 30, 1992. SEC. 3. TRIBALLY CONTROLLED COMMUNITY COLLEGES. The part of the text contained under the heading ``BUREAU OF INDIAN AFFAIRS'', and the subheading ``operation of indian programs'', in title I of the Department of the Interior and Related Agencies Appropriations Act, 1994, which reads ``Provided further, That any funds provided under this head or previously provided for tribally- controlled community colleges which are distributed prior to September 30, 1994 which have been or are being invested or administered in compliance with section 331 of the Higher Education Act shall be deemed to be in compliance for current and future purposes with title III of the Tribally Controlled Community Colleges Assistance Act.'' is amended by deleting ``section 331 of the Higher Education Act'' and inserting in lieu thereof ``section 332(c)(2)(A) of the Higher Education Act of 1965''. SEC. 4. WHITE EARTH RESERVATION LAND SETTLEMENT ACT OF 1985. Section 7 of the White Earth Reservation Land Settlement Act of 1985 (25 U.S.C. 331, note) is amended by adding at the end thereof the following: ``(f)(1) The Secretary is authorized to make a one-time deletion from the second list published under subsection (c) or any subsequent list published under subsection (e) of any allotments or interests which the Secretary has determined do not fall within the provisions of subsection (a) or (b) of section 4, or subsection (c) of section 5, or which the Secretary has determined were erroneously included in such list by reason of misdescription or typographical error. ``(2) The Secretary shall publish in the Federal Register notice of deletions made from the second list published under subsection (c) or any subsequent list published under subsection (e). ``(3) The determination made by the Secretary to delete an allotment or interest under paragraph (1) may be judicially reviewed in accordance with chapter 7 of title 5, United States Code, within 90 days after the date on which notice of such determination is published in the Federal Register under paragraph (2). Any legal action challenging such a determination that is not filed within such 90-day period shall be forever barred. Exclusive jurisdiction over any legal action challenging such a determination is vested in the United States District Court for the District of Minnesota.''. SEC. 5. AMENDMENTS. (a) Section 1(c) of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes'', approved September 9, 1988 (102 Stat. 1594), is amended as follows: (1) delete ``9,811.32'' and insert in lieu thereof ``9,879.65''; and (2) delete everything after ``5 8 17 All 640.00'' and insert in lieu thereof the following: ``6 8 1 SW\1/4\SW\1/4\,W\1/2 53.78 \SE\1/4\SW\1/4\ ``6 8 1 S\1/2\E\1/2\,SE\1/4\ 9.00 SW\1/4\ ``6 7 8 Tax lot 800 5.55 ------------ Total......... 9,879.65''. (b) Section 16 of the Act of June 18, 1934 (25 U.S.C. 476) is amended by adding at the end of the following new subsections: ``(f) Privileges and Immunities of Indian Tribes; Prohibition on New Regulations._Departments or agencies of the United States shall not promulgate any regulation or make any decision or determination pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat. 984) as amended, or any other Act of Congress, with respect to a federally recognized Indian tribe that classifies, enhances, or diminishes the privileges and immunities available to the Indian tribe relative to other federally recognized tribes by virtue of their status as Indian tribes. ``(g) Privileges and Immunities of Indian Tribes; Existing Regulations._Any regulation or administrative decision or determination of a department or agency of the United States that is in existence or effect on the date of enactment of this Act and that classifies, enhances, or diminishes the privileges and immunities available to a federally recognized Indian tribe relative to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes shall have no force or effect.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Amends the Northern Cheyenne Indian Reserve Water Rights Settlement Act of 1992 to state that: (1) all environmental costs associated with the Tongue River Dam Project (Project) mandated by Federal law and fish and wildlife measures are the sole responsibility of the United States; (2) such funds (limited to $625,000) shall be in addition to Project funds provided for by such Act; (3) the Secretary of the Interior shall reimburse Montana for certain Project environmental compliance costs incurred prior to enactment of this Act (costs incurred subsequent to enactment reimbursable only with prior approval); and (4) authorization of appropriations, with specified exceptions, shall not be effective until the Montana water court enters and approves a settlement decree. Amends the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to change "reimbursable" to "nonreimbursable" with respect to certain Central Arizona Water Conservation District water costs. Makes a technical correction to the Department of the Interior and Related Agencies Appropriations Act, 1994. Amends the White Earth Reservation Land Settlement Act of 1985 to permit a one-time deletion of certain erroneous land parcel determinations printed in the Federal Register. Provides a limited time in which to challenge such determinations. Prohibits new regulations and gives no effect to existing regulations that classify, enhance, or diminish the privileges and immunities of a federally recognized Indian tribe relative to other such tribes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes contain \1/5\ of the world's fresh water supply; (2) the Great Lakes basin is home to over 33,000,000 people and is a vital source of safe drinking water for millions of people; (3) the Great Lakes support many wetlands, sand dunes, and other fragile coastal habitats; (4) those coastal habitats are home to many endangered and threatened wildlife and plant species, including the piping plover, Pitcher's thistle, and the dwarf lake iris; (5) the Great Lakes are crucial to the economies of the Great Lakes States for recreation, commercial shipping, and industrial and agriculture uses; and (6) oil and gas development beneath the water in any of the Great Lakes could-- (A) expose a valuable fresh water supply of the United States to serious contamination; and (B) cause serious environmental damage to the water and shoreline of the Great Lakes. SEC. 3. EFFECTS OF OIL AND GAS DEVELOPMENT ON THE GREAT LAKES. The Federal Water Pollution Control Act is amended by inserting after section 108 (33 U.S.C. 1258) the following: ``SEC. 108A. EFFECTS OF OIL AND GAS DEVELOPMENT ON THE GREAT LAKES. ``(a) Definitions.--In this section: ``(1) Academy.--The term `Academy' means the National Academy of Sciences. ``(2) Drilling activity.-- ``(A) In general.--The term `drilling activity' means any drilling to extract oil or gas from land beneath the water in any of the Great Lakes. ``(B) Inclusions.--The term `drilling activity' includes-- ``(i) directional drilling (also known as `slant drilling'); and ``(ii) offshore drilling. ``(3) Great lake.--The term `Great Lake' means-- ``(A) Lake Erie; ``(B) Lake Huron (including Lake Saint Clair); ``(C) Lake Michigan; ``(D) Lake Ontario (including the Saint Lawrence River from Lake Ontario to the 45th parallel of latitude); and ``(E) Lake Superior. ``(4) Great lakes state.--The term `Great Lakes State' means each of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. ``(b) Incentives To Prevent Drilling Activity.-- ``(1) In general.--To be eligible to receive an incentive grant under paragraph (2), a grant under section 601(a), or a grant under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), a Great Lakes State shall not issue any oil or gas permit or lease for drilling activity. ``(2) Incentive grants.-- ``(A) In general.--For each fiscal year or portion of a fiscal year in which paragraph (1) is in effect, the Secretary of the Interior shall make grants to Great Lakes States. ``(B) Use of grants.--A Great Lakes State shall use a grant under this paragraph to carry out conservation activities in the State, including activities to conserve parkland and protect shores. ``(C) Amount of grants.--For each fiscal year or portion of a fiscal year, the amount of a grant to a Great Lakes State under subparagraph (A) shall be equal to the product obtained by multiplying-- ``(i) the amount available for grants under this paragraph for the fiscal year or portion of a fiscal year; and ``(ii) the ratio that-- ``(I) the amount of funds that the Great Lakes State would have received, but for paragraph (1), from the sale of oil and gas from the Great Lakes during the fiscal year; bears to ``(II) the amount of funds that all Great Lakes States would have received, but for paragraph (1), from the sale of oil and gas from the Great Lakes during the fiscal year. ``(D) Maximum amount of grants.--For each fiscal year, the Secretary of the Interior may make grants under this paragraph in an aggregate amount not to exceed $50,000,000. ``(c) Study.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Administrator shall conduct a study to examine the known and potential environmental effects of drilling activity, including any effects on-- ``(A) water quality (including the quality of drinking water); ``(B) the sediments and shorelines of the Great Lakes; ``(C) fish and other aquatic species, plants, and wildlife that are dependent on Great Lakes resources; ``(D) competing uses of water and shoreline areas of the Great Lakes; and ``(E) public health of local communities. ``(2) Consultation.--In designing and conducting the study, the Administrator shall consult with-- ``(A) the Secretary of Energy; ``(B) the Administrator of the National Oceanic and Atmospheric Administration; ``(C) the Chief of Engineers; ``(D) the Great Lakes States; and ``(E) as appropriate, representatives of environmental, industry, academic, scientific, public health, and other relevant organizations. ``(3) Independent review.--Not later than 180 days after the date of enactment of this section, the Administrator shall enter into an agreement with the Academy under which the Administrator shall submit to the Academy, and the Academy shall review, the results of the study. ``(4) Report.--Not later than 1 year after the date of submission to the Academy of the study under paragraph (3), the Academy shall submit to the Administrator and Congress-- ``(A) the study; and ``(B) a report that describes the results of the review by the Academy (including any recommendations concerning the results of the study). ``(5) Action by congress.--It is the sense of Congress that, after receiving the study and report under paragraph (4), Congress should-- ``(A) review the study and report; ``(B) conduct hearings concerning the impact of drilling activity; and ``(C) determine whether to eliminate the condition under subsection (b)(1). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. | Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act to allow a Great Lakes State to receive an incentive grant under this Act to carry out conservation activities or a grant under the Safe Drinking Water Act to establish a State revolving loan fund only if the State does not issue any oil or gas permit or lease for drilling to extract oil or gas from land beneath the water in any of the Great Lakes.Requires the Administrator of the Environmental Protection Agency to study the environmental effects of such drilling activity and submit the results of the study to the National Academy of Sciences for review.Expresses the sense of Congress with respect to action upon receipt of the study. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bill to Underwrite Increased Lending to Domestic (BUILD) Manufacturing Act'' or the ``BUILD Manufacturing Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Manufacturing company.--The term ``manufacturing company'' means a company engaged in the mechanical, physical, or chemical transformation or production of materials, substances, or components into new products. (2) TALF.--The term ``TALF'' means the Term Asset-Backed Securities Loan Facility established by the Board of Governors of the Federal Reserve System and announced on March 3, 2009. SEC. 3. FINDINGS. The Congress finds the following: (1) Manufacturing is a crucial component of the United States economy, creating wealth through the value-added production of quality goods. (2) Manufacturing employed 13.5 million Americans in 2008. (3) The manufacturing sector comprises 13.6 percent of the United States national GDP, totaling $1.6 trillion in value as of 2007, and generates approximately two-thirds of the Nation's exports. (4) Domestic manufacturing is vital to our Nation's national security, is a source of long-term strategic advantage, and ensures a reliable and dedicated source of production for essential materials and goods. (5) The current economic crisis has had particularly negative effects on the manufacturing sector, leading to sharp reductions in employment, output, and factory operating rates. (6) Continued reductions in the domestic manufacturing sector would result in increased dependence on foreign factories, greater job loss, and declines in long-term competitiveness of the United States economy. (7) The recovery and expansion of the United States manufacturing sector is being hampered by an absence of affordable and available credit, caused by the financial sector and subprime crisis. (8) While the United States Treasury has made available significant financial resources for recovery of the United States financial sector, lending to commercial and private entities has not followed suit. (9) Available and affordable credit will be crucial to the recovery of the manufacturing sector, enabling renewed capital and asset purchases, facility expansions, investment in new product lines, and increased hiring and employment. SEC. 4. SENSE OF THE CONGRESS ON LENDING TO THE DOMESTIC MANUFACTURING SECTOR. It is the sense of the Congress that the President, acting through the Secretary of the Treasury, should use all available powers to encourage financial institutions that are in receipt of Federal financial support to immediately increase lending to the domestic manufacturing sector. SEC. 5. MANUFACTURING LOAN GUARANTEE PROGRAM. (a) Establishment.-- (1) In general.--There is hereby established within the Department of the Treasury a program to be known as the ``Manufacturing Loan Guarantee Program'' (hereinafter referred to in this section as the ``Program''). (2) Head of the program.--The Program shall be headed by the Administrator of the TALF (hereinafter referred to in this section as the ``Administrator''). (b) Loan Guarantee Program.-- (1) Purpose.--The purpose of the Program under this section is to guarantee loans made to manufacturing companies. (2) Application.--An insured depository institution (as such term is defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))) that wishes to make loans that are guaranteed under the Program may submit an application to take part in the Program to the Administrator in such form and manner and containing such information as the Administrator may require. (3) Selection criteria.--The Administrator shall approve any depository institution submitting a full and complete application under paragraph (2) for participation in the Program, and shall guarantee loans on a first-come-first-served basis. Insured depository institutions shall submit all loans made as part of the Program. (4) Oversight.-- (A) Loan terms.--Not later than 7 days after a loan guaranteed under the Program is originated, the insured depository institution making such loan shall submit all information about the terms and conditions of such loan to the Administrator. (B) Suspension and termination authority.-- Notwithstanding paragraph (3), the Administrator shall, not less than yearly, review all of the loans made by each insured depository institution that are guaranteed under the Program, and may suspend or terminate any insured depository institution's future participation in the Program if the Administrator finds that such institution has engaged in fraud or abuse with respect to the Program, or has consistently made loans guaranteed under the Program that are not repaid by the borrower in accordance with the terms of the loan. (5) Loan eligibility.--A loan can only be guaranteed under the Program if at meets the following requirements: (A) Net worth limitation on loan amount.--The amount of such loan is less than 1.5 times the gross net worth of the manufacturing company receiving the loan. (B) Use of loan.--Such loan is only used for the purchase of capital, assets, energy efficiency upgrades, productivity enhancements, or building expenses, paying payroll expenses, or paying operating costs. Such loan is not used to pay down existing debt, pay outstanding obligations, or to pay for an increase in salary amounts for executives of the manufacturing company receiving the loan. (C) Specific term requirements.--The term of such loan is no more than-- (i) 30 years, in the case of a loan used to purchase real estate or to pay for building expenses; (ii) the lesser of 15 years or the useful life of the machinery or equipment, in the case of a loan used to purchase machinery or equipment; and (iii) 5 years, in the case of any other loan. (D) Interest rates.--Notwithstanding the provisions of the constitution of any State or the laws of any State limiting the rate or amount of interest which may be charged, taken, received, or reserved, the maximum legal rate of interest on such loan shall not substantively differ from the current average market yield on outstanding marketable obligations of similar privately held loans with remaining periods to maturity comparable to such loan. (6) Multiple guarantees permitted; aggregate dollar amount limitation.--A single manufacturing company is permitted to have more than one loan guaranteed under this section, but the aggregate amount of all such loans guaranteed for a single manufacturing company may be no more than $50,000,000. The Administrator shall have the discretion to raise such limit from $50,000,000 to $75,000,000 for a particular manufacturing company if the Administrator determines doing so will advance the purpose of this section. (7) Government guarantee.-- (A) Level of participation.--Loans guaranteed under the Program shall be guaranteed in the following percentages: (i) for loans under $10,000,000, 70 percent; (ii) for loans between $10,000,000 and $30,000,000, 65 percent; and (iii) for loans over $30,000,000, 60 percent. (B) Percentage adjustments.-- (i) In general.--The Administrator shall have the power to adjust loan guarantee percentages for loans guaranteed under the Program in order to maximize lending and minimize default rates of participating manufacturers. Any such adjustments must further the goals of the Program. (ii) Timing of adjustments.--Adjustments under clause (i) may not be made before the date that is 3 months after the date of the enactment of this Act, and may not be made more often than every 3 months. (iii) Equal adjustments required.-- Adjustments under clause (i) must adjust each percentage under subparagraphs (A)(i), (A)(ii), and (A)(iii) by the same amount. (iv) Minimum levels.--In making an adjustment under clause (i), the Administrator shall seek to ensure that such adjustment will result in the maintained interest of insured depository institutions in participating in the Program. (C) Payment of accrued interest.-- (i) In general.--Any insured depository institution making a claim for payment on the guaranteed portion of a loan guaranteed under the Program shall be paid the accrued interest due on the loan from the earliest date of default to the date of payment of the claim at a rate not to exceed the rate of interest on the loan on the date of default, minus one percent. (ii) Loans sold on secondary market.--If a loan described in clause (i) is sold on the secondary market, the amount of interest paid to an insured depository institution described in that clause from the earliest date of default to the date of payment of the claim shall be no more than the agreed upon rate, minus one percent. (8) Regulations.--The Administrator shall promulgate any regulations needed to carry out this section. (9) Funding.-- (A) In general.--$20,000,000,000 of the funds made available to the TALF, or any successor entity, shall be used to carry out the Program, of which $10,000,000,000 shall be used to guarantee loans made to manufacturing companies employing less then 500 individuals. (B) Administrative costs.--Of the amount described in paragraph (A), not more than $1,000,000 per year may be used to pay for salaries and other administrative fees associated with carrying out the Program. (c) Sense of the Congress on Small Business Participation.--It is the sense of the Congress that the Administrator should encourage insured depository institutions taking part in the Program to focus on lending to small- and medium-sized manufacturers. (d) Reports Required.-- (1) Administrator reports.--Not later than 180 days after the date of the enactment of this Act, and yearly thereafter, the Administrator shall submit a report to the Congress, and make such report available on a website, detailing all loans guaranteed under the Program, the effect of such guarantees on the manufacturing industry of the United States, and the overall effectiveness of the Program. (2) GAO reports.--Notwithstanding section 714(b) of title 31, United States Code, not later than 1 year after the date of the enactment of this Act, and yearly thereafter through the end of 2011, the Comptroller General of the United States shall transmit a report to the Congress detailing-- (A) the implementation of this section; (B) any waste, fraud, abuse, or mismanagement of funds discovered in the implementation of this section; (C) any insured depository institution that appears to have repeatedly made loans guaranteed under the Program for which the borrowers on such loans were not able to make timely payments as required by the loan terms; (D) recommendations to improve the implementation of this section; (E) the impact of the provisions of this section on the economy of the United States, specifically focusing on the manufacturing sector; and (F) adjustments to the loan guarantee percentages and their impact on domestic lending to the United States manufacturing industry. | Bill to Underwrite Increased Lending to Domestic (BUILD) Manufacturing Act or BUILD Manufacturing Act - Expresses the sense of Congress that the President should use all available powers to encourage financial institutions that are in receipt of federal financial support to immediately increase lending to the domestic manufacturing sector. Establishes within the Treasury the Manufacturing Loan Guarantee Program, headed by the Administrator of the Term Asset-Backed Securities Loan Facility (established by the Board of Governors of the Federal Reserve System), to guarantee loans made by depository institutions to U.S. manufacturing companies. Prohibits any such loan from equaling or exceeding 1.5 times the gross net worth of the company receiving the loan. Allows a company to have more than one guaranteed loan, within aggregate dollar limits. Authorizes the Administrator to adjust Program loan guarantee percentages in order to maximize lending and to minimize default rates of participating manufacturers. Expresses the sense of Congress that the Administrator should encourage participating depository institutions to focus on lending to small- and medium-sized manufacturers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Tourism Organization Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the travel and tourism industry is the second largest retail or service industry in the United States, and travel and tourism services ranked as the largest United States export in 1995, generating an $18.6 billion trade surplus for the United States; (2) domestic and international travel and tourism expenditures totaled $433 billion in 1995, $415 billion spent directly within the United States and an additional $18 billion spent by international travelers on United States flag carriers traveling to the United States; (3) direct travel and tourism receipts make up 6 percent of the United States gross domestic product; (4) in 1994 the travel and tourism industry was the nation's second largest employer, directly responsible for 6.3 million jobs and indirectly responsible for another 8 million jobs; (5) employment in major sectors of the travel industry is expected to increase 35 percent by the year 2005; (6) 99.7 percent of travel businesses are defined by the Federal Government as small businesses; and (7) the White House Conference on Travel and Tourism in 1995 brought together 1,700 travel and tourism industry executives from across the nation and called for the establishment, by federal charter, of a new national tourism organization to promote international tourism to all parts of the United States. SEC. 3. UNITED STATES TOURISM ORGANIZATION. (a) Establishment.--There is established with a Federal charter, the United States Tourism Organization (hereafter in this Act referred to as the ``Organization''). The Organization shall be a not for profit organization. The Organization shall maintain its principal offices and national headquarters in the greater metropolitan area of Washington, D.C., and may hold its annual and special meetings in such places as the Organization shall determine. (b) Organization not a Federal Agency.--Notwithstanding any other provision of the law, the Organization shall not be considered a Federal agency for the purposes of civil service laws or any other provision of Federal law governing the operation of Federal agencies, including personnel or budgetary matters relating to Federal agencies. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Organization or any entities within the Organization. (c) Duties.--The Organization shall-- (1) facilitate the development and use of public-private partnerships for travel and tourism policymaking; (2) seek to, and work for, an increase in the share of the United States in the global tourism market; (3) implement the national travel and tourism strategy developed by the National Tourism Board under section 4; (4) operate travel and tourism promotion programs outside the United States in partnership with the travel and tourism industry in the United States; (5) establish a travel-tourism data bank and, through that data bank collect and disseminate international market data: (6) conduct market research necessary for the effective promotion of the travel and tourism market; and (7) promote United States travel and tourism. (d) Powers.--The Organization-- (1) shall have perpetual succession; (2) shall represent the United States in its relations with international tourism agencies; (3) may sue and be sued; (4) may make contracts; (5) may acquire, hold, and dispose of real and personal property as may be necessary for its corporate purposes; (6) may accept gifts, legacies, and devices in furtherance of its corporate purposes; (7) may provide financial assistance to any organization or association, other than a corporation organized for profit, in furtherance of the purpose of the corporation; (8) may adopt and alter a corporate seal; (9) may establish and maintain offices for the conduct of the affairs of the Organization; (10) may publish a newspaper, magazine, or other publication consistent with its corporate purposes; (11) may do any and all acts and things necessary and proper to carry out the purposes of the Organization; and (12) may adopt and amend a constitution and bylaws not inconsistent with the laws of the United States or of any State, except that the Organization may amend its constitution only if it-- (A) publishes in its principal publication a general notice of the proposed alteration of the constitution, including the substantive terms of the alteration, the time and place of the Organization's regular meeting at which the alteration is to be decided, and a provision informing interested persons that they may submit materials as authorized in subparagraph (B); and (B) gives to all interested persons, prior to the adoption of any amendment, an opportunity to submit written data, views, or arguments concerning the proposed amendment for a period of at least 60 days after the date of publication of the notice. (e) Nonpolitical Nature of the Organization.--The Organization shall be nonpolitical and shall not promote the candidacy of any person seeking public office. (f) Prohibition Against Issuance of Stock or Business Activities.-- The Organization shall have no power to issue capital stock or to engage in business for pecuniary profit or gain. SEC. 4. NATIONAL TOURISM BOARD. (a) Establishment.--The Organization shall be governed by a Board of Directors known as the National Tourism Board (hereinafter in this Act referred to as the ``Board''). (b) Membership.-- (1) Composition.--The Board shall be composed of 48 members, and shall be self-perpetuating. Initial members shall be appointed as provided in paragraph (2). The Board shall elect a chair from among its members. (2) Founding members.--The founding members of the Board shall be appointed, or elected, as follows: (A) The Under Secretary of Commerce for International Trade Administration shall serve as a member ex officio. (B) 5 State Travel Directors elected by the National Council of State Travel Directors. (C) 5 members elected by the International Association of Convention and Visitor Bureaus. (D) 3 members elected by the Air Transport Association. (E) 1 member elected by the National Association of Recreational Vehicle Parks and Campgrounds; 1 member elected by the Recreation Vehicle Industry Association. (F) 2 members elected by the International Association of Amusement Parks and Attractions. (G) 3 members appointed by major companies in the travel payments industry. (H) 5 members elected by the American Hotel and Motel Association. (I) 2 members elected by the American Car Rental Association; 1 member elected by the American Automobile Association; 1 member elected by the American Bus Association; 1 member elected by Amtrak. (J) 1 member elected by the National Tour Association; 1 member elected by the United States Tour Operators Association. (K) 1 member elected by the Cruise Lines International Association; 1 member elected by the National Restaurant Association; one member elected by the National Park Hospitality Association; 1 member elected by the Airports Council International; 1 member elected by the Meeting Planners International; 1 member elected by the American Sightseeing International; 4 members elected by the Travel Industry Association of America; 1 member elected by the Association of Retail Travel Agents; 1 member elected by the American Society of Travel Agents; and 1 member elected by the Rural Tourism Development Foundation. (L) 1 member elected by the National Trust for Historic Preservation. (M) 1 member elected by the American Association of Museums. (3) Terms.--Terms of Board members and of the Chair shall be determined by the Board and made part of the Organization bylaws. (c) Duties of the Board.--The Board shall-- (1) develop a national travel and tourism strategy for increasing tourism to and within the United States; and (2) advise the President, the Congress, and members of the travel and tourism industry concerning the implementation of the national strategy referred to in paragraph (1) and other matters that affect travel and tourism. (d) Authority.--The Board is hereby authorized to meet to complete the organization of the Organization by the adoption of a constitution and bylaws, and by doing all things necessary to carry into effect the provisions of this Act. (e) Initial Meetings.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall have its first meeting. (f) Meetings.--The Board shall meet at the call of the Chair, but not less frequently than semiannually. (g) Compensation and Expenses.--The chairman and members of the Board shall serve without compensation but may be compensated for expenses incurred in carrying out the duties of the Board. (h) Testimony, Reports, and Support.--The Board may present testimony to the President, to the Congress, and to the legislatures of the States and issue reports on its findings and recommendations. (i) Immunity.--Members of the Board shall not be personally liable for any action taken by the Board. SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND NAMES. (a) In General.--The Organization shall provide for the design of such symbols, emblems, trademarks, and names as may be appropriate and shall take all action necessary to protect and regulate the use of such symbols, emblems, trademarks, and names under law. (b) Unauthorized Use; Civil Action.--Any person who, without the consent of the Organization, uses-- (1) the symbol of the Organization; (2) the emblem of the Organization; (3) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Organization; or (4) the words ``United States Tourism Organization'', or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Organization or any Organization activity; for the purpose of trade, to induce the sale of any goods or services, or to promote any exhibition shall be subject to suit in a civil action brought in the appropriate court by the Organization for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; 15 U.S.C. 1501 et seq.), popularly known as the Trademark Act of 1946. Paragraph (4) of this subsection shall not be construed to prohibit any person who, before the date of enactment of this Act, actually used the words ``United States Tourism Organization'' for any lawful purpose from continuing such lawful use for the same purpose and for the same goods and services. (c) Contributors and Suppliers.--The Organization may authorize contributors and suppliers of goods and services to use the trade name of the Organization as well as any trademark, symbol, insignia, or emblem of the Organization in advertising that the contributions, goods, or services were donated, supplied, or furnished to or for the use of, approved, selected, or used by the Organization. (d) Exclusive Right of the Organization.--The Organization shall have exclusive right to use the name ``United States Tourism Organization'', the symbol described in subsection (b)(1), the emblem described in subsection (b)(2), and the words ``United States Tourism Organization'', or any combination thereof, subject to the use reserved by the second sentence of subsection (b). SEC. 6. UNITED STATES GOVERNMENT COOPERATION. (a) Secretary of State.--The Secretary of State shall-- (1) place a high priority on implementing recommendations by the Organization; and (2) cooperate with the Organization in carrying out its duties. (b) Director of the United States Information Agency.--The Director of the United States Information Agency shall-- (1) place a high priority on implementing recommendations by the Organization; and (2) cooperate with the Organization in carrying out its duties. (c) Trade Promotion Coordinating Committee.-- Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by striking out ``and'' at the end of subsection (c)(4); (2) by striking the period at the end of subsection (c)(5) and inserting a semicolon and the word ``and''; (3) by adding at the end thereof the following: ``(6) reflect recommendations by the National Tourism Board established under the United States Tourism Organization Act.'' and (2) in paragraph (d)(1) by striking ``and'' in subparagraph (L), by redesignating subparagraph (M) as subparagraph (N), and by inserting the following: ``(M) the Chairman of the Board of the United States Tourism Organization, as established under the United States Tourism Organization Act; and''. SEC. 7. SUNSET. If, by the date that is 2 years after the date of incorporation of the Organization, a plan for the long-term financing of the Organization has not been implemented, the Organization and the Board shall terminate. Passed the Senate August 2, 1996. Attest: KELLY D. JOHNSTON, Secretary. | United States Tourism Organization Act - Establishes: (1) the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism; and (2) the United States Tourism Organization as a non-Federal not-for-profit organization to implement the national travel and tourism strategy developed by the Board. Requires the Secretary of State to cooperate with the Organization and place a high priority on implementing its recommendations. Amends the Export Enhancement Act of 1988 to require the Federal trade promotion plan of the Trade Promotion Coordinating Committee (TPCC) to reflect Board recommendations. Makes the Chairman of the Organization a member of the TPCC. Terminates the Organization and the Board if a plan for the long-term financing of the Organization has not been implemented two years after its incorporation. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Catalyst to Better Diabetes Care Act of 2006''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents; and findings. Sec. 2. Advisory group regarding diabetes and chronic illness employee wellness incentivization and disease management best practices. Sec. 3. National diabetes report card. Sec. 4. Medicare diabetes screening collaboration and outreach program. Sec. 5. Improvement of diabetes mortality data collection. Sec. 6. Study on appropriate level of diabetes medical education. (c) Findings.--The Congress finds as follows: (1) Diabetes is a chronic public health problem in the United States that is getting worse. (2) According to the Centers for Disease Control and Prevention: (A) One in three Americans born in 2006 will get diabetes. (B) One in two American minorities born in 2006 will get diabetes. (C) 1.5 million new cases of diabetes were diagnosed in adults in 2005. (D) In 2005, 20.8 million Americans had diabetes, which is 7 percent of the population of the United States. (E) 6.2 million Americans are currently undiagnosed. (F) About one in every 500 children and adolescents have type 1 diabetes. (G) African-Americans are nearly twice as likely as whites to have diabetes. (H) Nearly 13 percent of American Indians and Alaska Natives over 20 years old have diagnosed diabetes. (I) In States with significant Asian populations, Asians were 1.5 to 2 times as likely as whites to have diagnosed diabetes. (3) Diabetes carries staggering costs: (A) In 2002, the total direct and indirect costs of diabetes was estimated at $132 billion according to the American Diabetes Association. (B) 18 percent of the Medicare population has diabetes but spending on this group of people consumes 32 percent of the Medicare budget according to the Center for Medicare and Medicaid Services. (4) Diabetes is deadly. According to the Centers for Disease Control and Prevention: (A) In 2002, according to death certificate reports, diabetes contributed to an official number of 224,092 deaths. (B) Diabetes is likely to be seriously underreported as studies have found that only 35 precent to 40 percent of decedent with diabetes had it listed anywhere on the death certificate and only about 10 percent to 15 percent had it listed as the underlying cause of death. (5) Diabetes complications carry staggering economic and human costs for our country and health system: (A) According to death certificate reports, diabetes contributes to over 224,000 death a year, although this number is likely vastly underreported. (B) The risk for stroke is 2 to 4 times higher among people with diabetes. (C) Diabetes is the leading cause of new blindness in America, causing approximately 18,000 new cases of blindness each year. (D) Diabetes is the leading cause of kidney failure in America, accounting for 44 percent of new cases in 2002. (E) In 2002, 44,400 Americans with diabetes began treatment for end-stage kidney disease and a total of 153,730 were living on chronic dialysis or with a kidney transplant as a result of their diabetes. (F) In 2002, approximately 82,000 amputations were performed on Americans with diabetes. (G) Poorly controlled diabetes before conception and during the first trimester of pregnancy can cause major birth defects in 5 percent to 10 percent of pregnancies and spontaneous abortions in 15 percent to 20 percent of pregnancies. (6) Diabetes is unique because its complications and tremendous costs are preventable with currently available medical treatment: (A) According to the Agency for Healthcare Research and Quality, appropriate primary care for diabetes complications could have saved the Medicare and Medicaid programs $2,500,000,000 in hospital costs in 2001 alone. (B) According to the Diabetes Prevention Program sponsored by the National Institutes of Health, lifestyle interventions such as diet and moderate physical activity for those with pre-diabetes reduced the development of diabetes by 58 percent; among Americans aged 60 and over, lifestyle interventions reduced diabetes by 71 percent. (C) Research shows detecting and treating diabetic eye disease can reduce the development of severe vision loss by 50 percent to 60 percent. (D) Research shows comprehensive foot care programs can reduce amputation rates by 45 percent to 85 percent. (E) Research shows detecting and treating early diabetic kidney disease by lowering blood pressure can reduce the decline in kidney function by 30 percent to 70 percent. SEC. 2. ADVISORY GROUP REGARDING DIABETES AND CHRONIC ILLNESS EMPLOYEE WELLNESS INCENTIVIZATION AND DISEASE MANAGEMENT BEST PRACTICES. (a) Establishment.--The Secretary of Commerce shall establish an advisory group consisting of representatives of the public and private sector. The advisory group shall include representatives from the Department of Commerce, the Department of Health and Human Services, the Small Business Administration, and public and private sector entities with experience in administering or operating employee wellness and disease management programs. (b) Duties.--The advisory group established under subsection (a) shall examine and make recommendations of best practices of chronic illness employee wellness incentivization and disease management programs in order to-- (1) provide public and private sector entities with improved information in assessing the role of employee wellness incentivization and disease management programs in saving money and improving quality of life for patients with chronic illnesses; and (2) encourage the adoption of effective chronic illness employee wellness and disease management programs. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the advisory group shall submit to the Secretary of Health and Human Services, the Speaker and minority leader of the House of Representatives, and the majority leader and minority leader of the Senate, the results of the examination under subsection (b)(1). SEC. 3. NATIONAL DIABETES REPORT CARD. (a) In General.--The Secretary of Health and Human Services (referred to in this section and sections 4 through 6 as the ``Secretary''), in collaboration with the Director of the Centers for Disease Control and Prevention (referred to in this section as the ``Director''), shall prepare a national diabetes report card (referred to in this section as a ``Report Card'') for the Nation and, to the extent possible, for each State on a biennial basis, that includes the statistically valid aggregate health outcomes related to individuals diagnosed with diabetes including-- (1) HbA1c level; (2) LDL; (3) blood pressure; and (4) complications and comorbidities. (b) Report.--The Secretary, in collaboration with the Director, shall-- (1) submit each Report Card to Congress; and (2) make each Report Card readily available in print and electronically to each State and to the public. (c) Adaptable.--Each Report Card shall be able to be adapted by State and, where possible, local agencies in order to rate or report local diabetes care, costs, and prevalence. (d) Updated Report.--Each Report Card that is prepared after the initial Report Card shall include trend analysis for the Nation, and, to the extent possible, for each State, in order to track progress in meeting established national goals and objectives for improving diabetes care, costs, and prevalence (including Healthy People 2010), and to inform policy and program development. SEC. 4. MEDICARE DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM. (a) Establishment.--With respect to diabetes screening tests provided for under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and for the purposes of reducing the number of undiagnosed beneficiaries with diabetes or prediabetes in the Medicare program, the Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention, shall establish an outreach program-- (1) to identify existing efforts to increase awareness among Medicare beneficiaries and providers of the diabetes screening benefit; (2) to maximize economies of scale, cost-effectiveness, and resource allocation in increasing utilization of the Medicare diabetes screening program; and (3) build upon ongoing efforts of the private and non- profit sector; (b) Consultation.--In carrying out this section, the Secretary and the Director shall consult with-- (1) various units of the Federal Government, including the Centers for Medicare & Medicaid Services, the Surgeon General of the Public Health Service, the Agency for Health Research and Quality, the Health Resources and Services Administration, and the National Institutes of Health; and (2) entities with an interest in diabetes, including industry, voluntary health organization, trade associations, and professional societies. SEC. 5. IMPROVEMENT OF DIABETES MORTALITY DATA COLLECTION. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in collaboration with appropriate agencies, shall conduct, support, and promote the collection, analysis, and publication of biennial data on the prevalence and incidence of type 1 and 2 diabetes and of pre-diabetes. (b) Improvement of Mortality Data Collection.-- (1) Assessment.--The activities described in subsection (a) shall include an assessment of diabetes as a primary or underlying cause of death and analysis of any under-reporting of diabetes as a primary or underlying cause of death in order to provide an accurate estimate of yearly deaths related to diabetes. (2) Death certificate additional language.--In carrying out the activities described in subsection (b)(1), the Secretary may promote the addition of language to death certificates to improve collection of diabetes mortality data, including adding questions for the individual certifying to the cause of death regarding whether the deceased had diabetes and whether diabetes was an immediate, underlying, or contributing cause of or condition leading to death. (c) Report.-- (1) In general.--The Secretary and the Director shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives annual reports describing the activities undertaken under this section. (2) Content.--The reports shall include an-- (A) analysis of any under-reporting of diabetes as a primary or underlying cause of death in order to provide an accurate estimate of yearly deaths related to diabetes; and (B) projections regarding trends in each of the areas described in subparagraph (A). (3) Availability.--The Secretary and the Director shall make such reports publicly available in print and on the Internet site of the Centers for Disease Control and Prevention. SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION. (a) In General.--The Secretary shall, in collaboration with the Institute of Medicine and appropriate associations and councils, conduct a study of the impact of diabetes on the practice of medicine in the United States and the appropriateness of the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report on the study under subsection (a) to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committees on Finance and Health, Education, Labor, and Pensions of the Senate. | Catalyst to Better Diabetes Care Act of 2006 - Requires the Secretary of Commerce to establish an advisory group to examine and recommend best practices of chronic illness employee wellness incentivization and disease management programs. Directs the Secretary of Health and Human Services to prepare, biennially, a diabetes report card for the nation and for each state that: (1) is adaptable by state and local agencies in order to rate or report local diabetes care, costs, and prevalence; and (2) includes trend analysis in order to track progress in meeting established national goals and objectives and to inform policy and program development. Requires the Secretary to: (1) identify existing efforts to increase awareness of the diabetes and screening benefit among Medicare beneficiaries and providers; and (2) maximize economies of scale, cost-effectiveness, and resource allocation in increasing utilization of the Medicare diabetes screening program. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the collection, analysis, and publication of data on the prevalence and incidence of type 1 and 2 diabetes and of pre-diabetes. Requires such activities to include an assessment of diabetes as a primary or underlying cause of death. Allows the Secretary to promote the addition to death certificates of language to improve the collection of diabetes mortality data. Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability and Transparency in Medicare Marketing Act of 2007''. SEC. 2. STANDARDIZED MARKETING REQUIREMENTS UNDER THE MEDICARE ADVANTAGE AND MEDICARE PRESCRIPTION DRUG PROGRAMS. (a) Medicare Advantage Program.-- (1) In general.--Section 1856 of the Social Security Act (42 U.S.C. 1395w-26) is amended-- (A) in subsection (b)(1), by inserting ``or subsection (c)'' after ``subsection (a)''; and (B) by adding at the end the following new subsection: ``(c) Standardized Marketing Requirements.-- ``(1) Development by the naic.-- ``(A) Requirements.--The Secretary shall request the National Association of Insurance Commissioners (in this subsection referred to as the `NAIC') to-- ``(i) develop standardized marketing requirements for Medicare Advantage organizations with respect to Medicare Advantage plans and PDP sponsors with respect to prescription drug plans under part D; and ``(ii) submit a report containing such requirements to the Secretary by not later than the date that is 9 months after the date of enactment of this subsection. ``(B) Prohibited activities.--Such requirements shall prohibit the following: ``(i) Cross-selling of non-Medicare products or services with products or services offered by a Medicare Advantage plan or a prescription drug plan under part D. ``(ii) Up-selling from prescription drug plans under part D to Medicare Advantage plans. ``(iii) Telemarketing (including cold calling) conducted by an organization with respect to a Medicare Advantage plan or a PDP sponsor with respect to a prescription drug plan under part D (or by an agent of such an organization or sponsor). ``(iv) A Medicare Advantage organization or a PDP sponsor providing cash or other monetary rebates as an inducement for enrollment or otherwise. ``(C) Election form.--Such requirements may prohibit a Medicare Advantage organization or a PDP sponsor (or an agent of such an organization or sponsor) from completing any portion of any election form used to carry out elections under section 1851 or 1860D-1 on behalf of any individual. ``(D) Agent and broker commissions.--Such requirements shall establish standards-- ``(i) for fair and appropriate commissions for agents and brokers of Medicare Advantage organizations and PDP sponsors, including a prohibition on extra bonuses or incentives; and ``(ii) for the disclosure of such commissions. ``(E) Certain conduct of agents.--Such requirements shall address the conduct of agents engaged in on-site promotion at a facility of an organization with which the Medicare Advantage organization or PDP sponsor has a co-branding relationship. ``(F) Other standards.--Such requirements may establish such other standards relating to marketing under Medicare Advantage plans and prescription drug plans under part D as the NAIC determines appropriate. ``(2) Implementation of requirements.-- ``(A) Adoption of naic developed requirements.--If the NAIC develops standardized marketing requirements and submits the report pursuant to paragraph (1), the Secretary shall promulgate regulations for the adoption of such requirements. The Secretary shall ensure that such regulations take effect not later than the date that is 10 months after the date of enactment of this subsection. ``(B) Requirements if naic does not submit report.--If the NAIC does not develop standardized marketing requirements and submit the report pursuant to paragraph (1), the Secretary shall promulgate regulations for standardized marketing requirements for Medicare Advantage organizations with respect to Medicare Advantage plans and PDP sponsors with respect to prescription drug plans under part D. Such regulations shall prohibit the conduct described in paragraph (1)(B), may prohibit the conduct described in paragraph (1)(C), shall establish the standards described in paragraph (1)(D), shall address the conduct described in paragraph (1)(E), and may establish such other standards relating to marketing under Medicare Advantage plans and prescription drug plans as the Secretary determines appropriate. The Secretary shall ensure that such regulations take effect not later than the date that is 10 months after the date of enactment of this subsection. ``(C) Consultation.--In establishing requirements under this subsection, the NAIC or Secretary (as the case may be) shall consult with a working group composed of representatives of Medicare Advantage organizations and PDP sponsors, consumer groups, and other qualified individuals. Such representatives shall be selected in a manner so as to insure balanced representation among the interested groups. ``(3) State reporting of violations of standardized marketing requirements.--The Secretary shall request that States report any violations of the standardized marketing requirements under the regulations under subparagraph (A) or (B) of paragraph (2) to national and regional offices of the Centers for Medicare & Medicaid Services. ``(4) Report.--The Secretary shall submit an annual report to Congress on the enforcement of the standardized marketing requirements under the regulations under subparagraph (A) or (B) of paragraph (2), together with such recommendations as the Secretary determines appropriate. Such report shall include-- ``(A) a list of any alleged violations of such requirements reported to the Secretary by a State, a Medicare Advantage organization, or a PDP sponsor; and ``(B) the disposition of such reported violations.''. (2) State authority to enforce standardized marketing requirements.-- (A) In general.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended-- (i) by striking ``or State'' and inserting ``, State''; and (ii) by inserting ``, or State laws or regulations enacting the standardized marketing requirements under subsection (c)'' after ``plan solvency''. (B) No preemption of state sanctions.--Nothing in title XVIII of the Social Security Act or the provisions of, or amendments made by, this Act, shall be construed to prohibit a State from imposing sanctions against Medicare Advantage organizations, PDP sponsors, or agents or brokers of such organizations or sponsors for violations of the standardized marketing requirements under subsection (c) of section 1856 of the Social Security Act (as added by paragraph (1)) as enacted by that State. (3) Conforming amendment.--Section 1851(h)(4) of the Social Security Act (42 U.S.C. 1395w-21(h)(4)) is amended by adding at the end the following flush sentence: ``Beginning on the effective date of the implementation of the regulations under subparagraph (A) or (B) of section 1856(c)(2), each Medicare Advantage organization with respect to a Medicare Advantage plan offered by the organization (and agents of such organization) shall comply with the standardized marketing requirements under section 1856(c).''. (b) Medicare Prescription Drug Program.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new subsection: ``(l) Standardized Marketing Requirements.--A PDP sponsor with respect to a prescription drug plan offered by the sponsor (and agents of such sponsor) shall comply with the standardized marketing requirements under section 1856(c).''. SEC. 3. STATE CERTIFICATION PRIOR TO WAIVER OF LICENSURE REQUIREMENTS UNDER MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-12(c) of the Social Security Act (42 U.S.C. 1395w-112(c)) is amended-- (1) in paragraph (1)(A), by striking ``In the case'' and inserting ``Subject to paragraph (5), in the case''; and (2) by adding at the end the following new paragraph: ``(5) State certification required.-- ``(A) In general.--The Secretary may only grant a waiver under paragraph (1)(A) if the Secretary has received a certification from the State insurance commissioner that the prescription drug plan has a substantially complete application pending in the State. ``(B) Revocation of waiver upon finding of fraud and abuse.--The Secretary shall revoke a waiver granted under paragraph (1)(A) if the State insurance commissioner submits a certification to the Secretary that the recipient of such a waiver-- ``(i) has committed fraud or abuse with respect to such waiver; ``(ii) has failed to make a good faith effort to satisfy State licensing requirements; or ``(iii) was determined ineligible for licensure by the State.''. (b) Effective Date.--The amendments made by paragraph (1) shall apply with respect to plan years beginning on or after January 1, 2008. SEC. 4. NAIC RECOMMENDATIONS ON THE ESTABLISHMENT OF STANDARDIZED BENEFIT PACKAGES FOR MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS. Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall request the National Association of Insurance Commissioners to establish a committee to study and make recommendations to the Secretary and Congress on-- (1) the establishment of standardized benefit packages for Medicare Advantage plans under part C of title XVIII of the Social Security Act and for prescription drug plans under part D of such Act; and (2) the regulation of such plans. | Accountability and Transparency in Medicare Marketing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standardized marketing requirements for Medicare Advantage organizations with respect to Medicare Advantage plans and prescription drug plan (PDP) sponsors with respect to Medicare PDPs. Requires such requirements to prohibit certain activities including the cross-selling of non-Medicare products or services with products or services offered by a Medicare Advantage plan or a Medicare PDP. Provides for state certification prior to waiver of licensing requirements under the Medicare PDP. Directs the Secretary of Health and Human Services to request NAIC to establish a committee to study and make recommendations to the Secretary and Congress on the establishment of standardized benefit packages for Medicare Advantage plans and for Medicare PDPs and their regulation. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Retirement Savings Assistance Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. ADDITIONAL SALARY REDUCTION CATCH-UP CONTRIBUTIONS. (a) Limitation on Exclusion for Elective Deferrals.-- (1) In general.--Subsection (g) of section 402 is amended by adding at the end the following: ``(10) Catch-up contributions for formerly unemployed and out of the workforce individuals.--In the case of an individual who has attained age 35 (and not attained age 50) and who has not been an active participant in a plan under section 401(a), 403(b) or 457 during the five prior calendar years, the limitation of paragraph (1) for such year and subsequent years until attaining the age of 50, after the application of paragraph (8), shall be increased by $2,000. ``(11) Catch-up contributions for those approaching retirement.--In the case of an individual who has attained age 50 during any taxable year, the limitation of paragraph (1) for such year, after the application of paragraph (8), shall be increased by $10,000.'' (2) Cost-of-living adjustment.--Paragraph (5) of section 402(g) (relating to cost-of-living adjustment) is amended by inserting ``and the $2,000 amount under paragraph (10) and the $10,000 amount under paragraph (11)'' after ``paragraph (1)''. (b) Simple Retirement Accounts.-- (1) In general.--Paragraph (2) of section 408(p) (relating to qualified salary reduction arrangement) is amended by redesignating subparagraph (E) as subparagraph (G) and by inserting after subparagraph (D) the following new subparagraphs: ``(E) Catch-up contributions for formerly unemployed and out of the workforce individuals.--In the case of an individual who has attained age 35 (and not attained age 50) and who has not been an active participant in a plan under section 401(a), 403(b) or 457 during the five prior calendar years, the limitation of subparagraph (A)(ii) for such year and subsequent years until attaining the age of 50 shall be increased by $2,000. ``(F) Catch-up contributions for those approaching retirement.--In the case of an individual who has attained age 50 during any taxable year the limitation of subparagraph (A)(ii) for such year shall be increased by $10,000.'' (2) Cost-of-living adjustment.--Subparagraph (G) of section 408(p)(2) (as so redesignated) is amended by inserting ``and the $2,000 under subparagraph (E) and the $10,000 under subparagraph (F)'' after ``subparagraph (A)(ii)''. (c) Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations.-- (1) In general.--Subsection (b) of section 457 (relating to definition of eligible deferred compensation plan) is amended by adding at the end of the following new paragraphs: ``(7) Catch-up contributions for formerly unemployed and out of the workforce individuals.--In the case of an individual who has attained age 35 (and not attained age 50) and who has not been an active participant in a plan under section 401(a), 403(b) or 457 during the five prior calendar years, the limitation of paragraph (2)(A) for such year and subsequent years until attaining the age of 50 shall be increased by $2,000.'' ``(8) Catch-up contributions for those approaching retirement.--In the case of an individual who has attained age 50 during any taxable year, the limitation of paragraph (2)(A) for such year shall be increased by $10,000.'' (2) Cost-of-living adjustment.--Paragraph (15) of section 457(e) (relating to cost-of-living adjustment) is amended by inserting ``, and the $2,000 amount specified in subsection (b)(7) and the $10,000 amount specified in subsection (b)(8),'' after ``(c)(1)''. (d) Conforming Amendments.--The additional catch-up contribution amounts made by subsections (a), (b) and (c) shall be deemed to satisfy IRC sections 401(a)(4), 401(k)(3) and 416, if these sections are otherwise satisfied. (e) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998. SEC. 3. INCREASE IN OVERALL AND ``AFTER TAX'' CONTRIBUTION LIMIT. (a) Increase in Limit.-- (1) Dollar limit.--Subparagraph (A) of section 415(c)(1) (relating to limitation for defined contribution plans) is amended by striking ``$30,000'' and inserting ``$40,000''. (2) Cost-of-living adjustments.--Subsection (d) of section 415 (related to cost-of-living adjustments) is amended-- (A) in paragraph (1)(C) by striking ``$30,000'' and inserting ``$40,000'', and (B) in paragraph (3)(D)-- (i) by striking ``$30,000'' in the heading and inserting ``$40,000,'' and (ii) by striking ``October 1, 1993'' and inserting ``December 31, 1998''. (b) Repeal 25 Percent Limit.--Subparagraph (B) of section 415(c)(1) of the Internal Revenue Code of 1986 (relating to limitation for defined contribution plans) is amended to read as follows: ``(B) the participant's compensation.'' (c) Conforming Amendments.-- (1) Section 403(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``the exclusion allowance for such taxable year'' in paragraph (1) and inserting ``the applicable limit under section 415'', and (B) by striking paragraph (2). (2) Section 404(a)(10)(B) of such Code is amended by striking ``, the exclusion allowance under section 403(b)(2),''. (3) Section 415(a)(2) of such Code is amended by striking ``, and the amount of the contribution for such portion shall reduce the exclusion allowance as provided in section 403(b)(2)''. (4) Section 415(c)(3) of such Code is amended by adding at the end of the following new subparagraph: ``(E) Annuity contracts.--In the case of an annuity contract described in section 403(b), the term `participant's compensation' shall mean the participant's includable compensation as determined under regulations prescribed by the Secretary.'' (5) Section 415(c) of such Code is amended by striking paragraph (4). (6) Section 415(c)(7) of such Code is amended to read as follows: ``(7) Certain contributions by church plans not treated as exceeding limit.-- ``(A) In general.--Notwithstanding any other provision of this subsection, at the election of a participant who is an employee of a church, a convention or association of churches, including an organization described in section 414(e)(3)(B)(ii), contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such participant, when expressed as an annual addition to such participant's account, shall be treated as not exceeding the limitation of paragraph (1) if such annual addition is not in excess of $10,000. ``(B) $40,000 aggregate limitation.--The total amount of additions with respect to any participant which may be taken into account for purposes of this subparagraph for all years may not exceed $40,000. ``(C) Annual addition.--For purposes of this paragraph, the term `annual addition' has the meaning given such term by paragraph (2).'' (7) Section 415(e)(5) of such Code is amended-- (A) by striking ``(except in the case of a participant who has elected under subsection (c)(4)(D) to have the provisions of subsection (c)(4)(C) apply)'', and (B) by striking the last sentence. (8) Section 415(n)(2)(B) of such Code is amended by striking ``percentage''. (d) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 1998. | Retirement Savings Assistance Act - Amends the Internal Revenue Code to: (1) permit specified additional pension contributions for an individual who has attained the age of 35 (but not the age of 50), and who was not a plan participant during the previous five years, until such individual attains the age of 50; and (2) increase the dollar and repeal the 25 percent defined contribution plan limits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Research, Outreach, Screening, Testing, Access, and Treatment Effectiveness Act of 2010'' or the ``PROSTATE Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Prostate cancer is the second leading cause of cancer death among men. (2) In 2009, more than 190,000 new patients were diagnosed with prostate cancer and more than 27,000 men died from this disease. (3) Roughly 2,000,000 Americans are living with a diagnosis of prostate cancer and its consequences. (4) While prostate cancer generally affects older individuals, younger men are also at risk for the disease, and when prostate cancer appears in early middle age it frequently takes on a more aggressive form. (5) There are significant racial and ethnic disparities that demand attention, namely African-Americans have prostate cancer mortality rates that are more than double those in the White population. (6) Underserved rural populations have higher rates of mortality compared to their urban counterparts, and innovative and cost-efficient methods to improve rural access to high quality care should take advantage of advances in telehealth to diagnose and treat prostate cancer when appropriate. (7) Urologists may constitute the specialists who diagnose and treat the vast majority of prostate cancer patients. (8) Although much basic and translational research has been completed and much is currently known, there are still many unanswered questions. For example, it is not fully understood how much of known disparities are attributable to disease etiology, access to care, or education and awareness in the community. (9) Causes of prostate cancer are not known. There is not good information regarding how to differentiate accurately, early on, between aggressive and indolent forms of the disease. As a result, there is significant overtreatment in prostate cancer. There are no treatments that can durably arrest growth or cure prostate cancer once it has metastasized. (10) A significant proportion (roughly 23 to 54 percent) of cases may be clinically indolent and ``overdiagnosed'', resulting in significant overtreatment. More accurate tests will allow men and their families to face less physical, psychological, financial, and emotional trauma and billions of dollars could be saved in private and public health care systems in an area that has been identified by the Medicare program as one of eight high volume, high cost areas in the Resource Utilization Report program authorized by Congress under the Medicare Improvements for Patients and Providers Act of 2008. (11) Prostate cancer research and health care programs across Federal agencies should be coordinated to improve accountability and actively encourage the translation of research into practice, to identify and implement best practices, in order to foster an integrated and consistent focus on effective prevention, diagnosis, and treatment of this disease. SEC. 3. PROSTATE CANCER COORDINATION AND EDUCATION. (a) Interagency Prostate Cancer Coordination and Education Task Force.--Not later than 180 days after the date of the enactment of this section, the Secretary of Veterans Affairs, in cooperation with the Secretary of Defense and the Secretary of Health and Human Services, shall establish an Interagency Prostate Cancer Coordination and Education Task Force (in this section referred to as the ``Prostate Cancer Task Force''). (b) Duties.--The Prostate Cancer Task Force shall-- (1) develop a summary of advances in prostate cancer research supported or conducted by Federal agencies relevant to the diagnosis, prevention, and treatment of prostate cancer and compile a list of best practices that warrant broader adoption in health care programs; (2) consider establishing, and advocating for, a guidance to enable physicians to allow screening of men who are over age 74, on a case-by-case basis, taking into account quality of life and family history of prostate cancer; (3) share and coordinate information on Federal research and health care program activities, including activities related to-- (A) determining how to improve research and health care programs; (B) identifying any gaps in the overall research inventory and in health care programs; (C) identifying opportunities to promote translation of research into practice; and (D) maximizing the effects of Federal efforts by identifying opportunities for collaboration and leveraging of resources in research and health care programs that serve those susceptible to or diagnosed with prostate cancer; (4) develop a comprehensive interagency strategy and advise relevant Federal agencies in the solicitation of proposals for collaborative, multidisciplinary research and health care programs, including proposals to evaluate factors that may be related to the etiology of prostate cancer, that would-- (A) result in innovative approaches to study emerging scientific opportunities or eliminate knowledge gaps in research; (B) outline key research questions, methodologies, and knowledge gaps; (C) ensure consistent action, as outlined by section 402(b) of the Public Health Service Act; (5) develop a coordinated message related to screening and treatment for prostate cancer to be reflected in educational and beneficiary materials for Federal health programs as such documents are updated; and (6) not later than two years after the date of the establishment of the Prostate Cancer Task Force, submit to the Secretary of Veterans Affairs recommendations-- (A) regarding any appropriate changes to research and health care programs, including recommendations to improve the research portfolio of the Department of Veterans Affairs, Department of Defense, National Institutes of Health, and other Federal agencies to ensure that scientifically based strategic planning is implemented in support of research and health care program priorities; (B) designed to ensure that the research and health care programs and activities of the Department of Veterans Affairs, the Department of Defense, the Department of Health and Human Services, and other Federal agencies are free of unnecessary duplication; (C) regarding public participation in decisions relating to prostate cancer research and health care programs to increase the involvement of patient advocates, community organizations, and medical associations representing a broad geographical area; (D) on how to best disseminate information on prostate cancer research and progress achieved by health care programs; (E) about how to expand partnerships between public entities, including Federal agencies, and private entities to encourage collaborative, cross-cutting research and health care delivery; (F) assessing any cost savings and efficiencies realized through the efforts identified and supported in this Act and recommending expansion of those efforts that have proved most promising while also ensuring against any conflicts in directives from other congressional or statutory mandates or enabling statutes; (G) identifying key priority action items from among the recommendations; and (H) with respect to the level of funding needed by each agency to implement the recommendations contained in the report. (c) Members of the Prostate Cancer Task Force.--The Prostate Cancer Task Force described in subsection (a) shall be composed of representatives from such Federal agencies, as each Secretary determines necessary, to coordinate a uniform message relating to prostate cancer screening and treatment where appropriate, including representatives of the following: (1) The Department of Veterans Affairs, including representatives of each relevant program areas of the Department of Veterans Affairs. (2) The Prostate Cancer Research Program of the Congressionally Directed Medical Research Program of the Department of Defense. (3) The Department of Health and Human Services. (d) Appointing Expert Advisory Panels.--The Prostate Cancer Task Force shall appoint expert advisory panels, as determined appropriate, to provide input and concurrence from individuals and organizations from the medical, research, and delivery communities with expertise in prostate cancer diagnosis, treatment, and research, including practicing urologists, primary care providers, and others and individuals with expertise in education and outreach to underserved populations affected by prostate cancer. (e) Meetings.--The Prostate Cancer Task Force shall convene not less than twice a year, or more frequently as the Secretary determines to be appropriate. (f) Submittal of Recommendations to Congress.--The Secretary of Veterans Affairs shall submit to Congress any recommendations submitted to the Secretary under subsection (b)(5). (g) Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Prostate Cancer Task Force. (2) Exception.--Section 14(a)(2)(B) of such Act (relating to the termination of advisory committees) shall not apply to the Prostate Cancer Task Force. SEC. 4. PROSTATE CANCER RESEARCH. (a) Research Coordination.--The Secretary of Veterans Affairs, in coordination with the Secretaries of Defense and of Health and Human Services, shall establish and carry out a program to coordinate and intensify prostate cancer research as needed. Specifically, such research program shall-- (1) develop advances in diagnostic and prognostic methods and tests, including biomarkers and an improved prostate cancer screening blood test, including improvements or alternatives to the prostate specific antigen test and additional tests to distinguish indolent from aggressive disease; (2) better understand the etiology of the disease (including an analysis of life style factors proven to be involved in higher rates of prostate cancer, such as obesity and diet, and in different ethnic, racial, and socioeconomic groups, such as the African-American, Latin-American, and American Indian populations and men with a family history of prostate cancer) to improve prevention efforts; (3) expand basic research into prostate cancer, including studies of fundamental molecular and cellular mechanisms; (4) identify and provide clinical testing of novel agents for the prevention and treatment of prostate cancer; (5) establish clinical registries for prostate cancer; and (6) use the National Institute of Biomedical Imaging and Bioengineering and the National Cancer Institute for assessment of appropriate imaging modalities. (b) Prostate Cancer Advisory Board.--There is established in the Office of the Chief Scientist of the Food and Drug Administration a Prostate Cancer Scientific Advisory Board. Such board shall be responsible for accelerating real-time sharing of the latest research data and accelerating movement of new medicines to patients. (c) Underserved Minority Grant Program.--In carrying out such program, the Secretary shall-- (1) award grants to eligible entities to carry out components of the research outlined in subsection (a); (2) integrate and build upon existing knowledge gained from comparative effectiveness research; and (3) recognize and address-- (A) the racial and ethnic disparities in the incidence and mortality rates of prostate cancer and men with a family history of prostate cancer; (B) any barriers in access to care and participation in clinical trials that are specific to racial, ethnic, and other underserved minorities and men with a family history of prostate cancer; (C) needed outreach and educational efforts to raise awareness in these communities; and (D) appropriate access and utilization of imaging modalities. SEC. 5. TELEHEALTH AND RURAL ACCESS PILOT PROJECT. (a) In General.--The Secretary of Veterans Affairs shall establish four-year telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas that contain high proportions of medically underserved populations, including African-Americans, Latin-Americans, American Indians, and those in rural areas. Such projects shall promote efficient use of specialist care through better coordination of primary care and physician extender teams in underserved areas and more effectively employ tumor boards to better counsel patients. (b) Eligible Entities.-- (1) In general.--The Secretary shall select eligible entities to participate in the pilot projects under this section. (2) Priority.--In selecting eligible entities to participate in the pilot projects under this section, the Secretary shall give priority to such entities located in medically underserved areas, particularly those that include African-Americans, Latin-Americans, and facilities of the Indian Health Service, and those in rural areas. (c) Evaluation.--The Secretary shall, through the pilot projects, evaluate-- (1) the effective and economic delivery of care in diagnosing and treating prostate cancer with the use of telehealth services in medically underserved and tribal areas including collaborative uses of health professionals and integration of the range of telehealth and other technologies; (2) the effectiveness of improving the capacity of nonmedical providers and nonspecialized medical providers to provide health services for prostate cancer in medically underserved and tribal areas, including the exploration of innovative medical home models with collaboration between urologists, other relevant medical specialists, including oncologists, radiologists, and primary care teams and coordination of care through the efficient use of primary care teams and physician extenders; and (3) the effectiveness of using telehealth services to provide prostate cancer treatment in medically underserved areas, including the use of tumor boards to facilitate better patient counseling. (d) Report.--Not later than 12 months after the completion of the pilot projects under this subsection, the Secretary shall submit to Congress a report describing the outcomes of such pilot projects, including any cost savings and efficiencies realized, and providing recommendations, if any, for expanding the use of telehealth services. SEC. 6. EDUCATION AND AWARENESS. (a) In General.--The Secretary of Veterans Affairs shall develop a national education campaign for prostate cancer. Such campaign shall involve the use of written educational materials and public service announcements consistent with the findings of the Prostate Cancer Task Force under section 3, that are intended to encourage men to seek prostate cancer screening when appropriate. (b) Racial Disparities and the Population of Men With a Family History of Prostate Cancer.--In developing the national campaign under subsection (a), the Secretary shall ensure that such educational materials and public service announcements are more readily available in communities experiencing racial disparities in the incidence and mortality rates of prostate cancer and by men of any race classification with a family history of prostate cancer. (c) Grants.--In carrying out the national campaign under this section, the Secretary shall award grants to nonprofit private entities to enable such entities to test alternative outreach and education strategies. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2011 through 2015. | Prostate Research, Outreach, Screening, Testing, Access, and Treatment Effectiveness Act of 2010 or the PROSTATE Act - Requires the Secretary of Veterans Affairs (VA) to establish the Interagency Prostate Cancer Coordination and Education Task Force, which shall: (1) develop a summary of advances in federal prostate cancer research and compile a list of best practices for treatment of prostate cancer that warrant broader adoption in health care programs; (2) consider establishing guidance to enable physicians to allow screening of men over age 74; (3) coordinate information on federal research and health care program activities relating to prostate cancer; (4) develop a comprehensive interagency strategy on, and advise agencies in, the solicitation of proposals for collaborative, multidisciplinary research and health care programs relating to prostate cancer; (5) develop a coordinated message related to screening and treatment for prostate cancer to be reflected in educational and beneficiary materials for federal health programs; and (6) submit recommendations regarding federal research and health care programs. Directs the Secretary to establish and carry out a program to coordinate and intensify prostate cancer research, including by establishing clinical registries for prostate cancer and awarding research grants. Establishes in the Office of the Chief Scientist of the Food and Drug Administration (FDA) a Prostate Cancer Scientific Advisory Board to be responsible for accelerating real-time sharing of the latest research data and accelerating movement of new medicines to patients. Directs the Secretary to: (1) establish four-year telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas that contain high proportions of medically underserved populations and those in rural areas; and (2) develop a national education campaign for prostate cancer. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Well by Using Your Patient Protection and Affordable Care Act Plan''. SEC. 2. OUTREACH TO CERTAIN INDIVIDUALS ON CERTAIN HEALTH INSURANCE INFORMATION. (a) In General.--Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct outreach efforts to provide, using the most effective means (as determined by the Secretary), the health insurance information described in subsection (b) to-- (1) individuals enrolled in qualified health plans offered through an Exchange established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148); and (2) individuals enrolled in State plans (or under a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act. (b) Information Described.--For purposes of subsection (a), the information described in this subsection is any information, the availability of which the Secretary of Health and Human Services determines will encourage the utilization of primary care or preventive services by the individuals described in such subsection, including the following: (1) Information on the extent to which the essential health benefits specified in section 1302(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)) are provided by a plan described in subsection (a). (2) Information on which preventive health services are covered under such a plan without the application of any cost- sharing (such as a copayment or coinsurance), including screenings for certain conditions such as diabetes and high blood pressure, vaccinations for adults against influenza, measles, mumps, rubella, and other infectious diseases, and well-woman visits. (3) With respect to qualified health plans described in subsection (a)(1), the following information presented in a manner that allows for comparison of plans within each State: (A) Information on the rates of reimbursement recognized under each such qualified health plan with respect to items and services (as specified by the Secretary) that are furnished to individuals enrolled in such plan by health care providers participating in the network of the plan, such as rates of reimbursement applicable to emergency care services, laboratory tests, diagnostic tests, and physician services. (B) Information on any cost-sharing required under each such plan with respect to such items and services furnished to such individuals by such providers and an explanation on the extent to which such cost-sharing is based on such recognized rates of reimbursement. (C) A statement that-- (i) the rates of reimbursement that are collectable by health care providers not participating in the network of such a plan for furnishing such items and services to such individuals may be more than the rates of reimbursement recognized under such plan for such items and services furnished to such individuals by health care providers participating in the network of such plan; and (ii) any cost-sharing required under such a plan with respect to such items and services furnished to such individuals by health care providers not participating in the network of such plan may be more than such cost-sharing with respect to such items and services furnished to such individuals by health care providers participating in the network of such plan. (4) An explanation of basic health insurance terms (as determined by the Secretary), including deductibles, cost- sharing, copayment, and coinsurance, and the application of such terms to an individual enrolled in a plan described in subsection (a), illustrated with examples of the application of such terms with respect to such individuals under different circumstances and in different health care settings. (c) Report on Out-of-Pocket Costs.--Not later than 180 days after the date of the enactment of this Act, with respect to the most recent plan year for which information is available, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that-- (1) contains information, for each State (including the District of Columbia), on the median cost-sharing responsibility, with respect to qualified health plans offered through an Exchange in such State, of health care services-- (A) the number of which and types of which are determined appropriate by the Secretary to be included in the report; and (B) that have been identified by the Secretary as services-- (i) for which, with respect to such plan year, payment may only be made under such a plan after satisfaction of the deductible applicable under such plan; and (ii) for which reimbursement under such plan is made most frequently during such plan year; and (2) describes the best method for making the information referred to in paragraph (1) available to the public. | Keeping Well by Using Your Patient Protection and Affordable Care Act Plan- Directs the Secretary of Health and Human Services (HHS) to conduct outreach efforts to provide specified health information to: (1) individuals enrolled in qualified health plans offered through an Exchange established under the Patient Protection and Affordable Care Act (PPACA), and (2) individuals enrolled in state plans (or under a waiver of such a plan) under title XIX (Medicaid) of the Social Security Act. Directs the Secretary to report to Congress on: (1) the median cost-sharing responsibility of health services under qualified health plans offered through an Exchange in each state, and (2) the best method for making such information public. |
SECTION 1. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. Subchapter I of chapter 417, of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 41714. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. ``(a) General Rule.--Notwithstanding the requirement of section 40102(15) that at least 75 percent of the voting interests of an air carrier be owned or controlled by persons who are citizens of the United States or of one of its possessions, a person who is not a citizen of the United States may purchase voting interests of a corporation or association which is, or owns or controls, an air carrier without regard to whether or not such purchase would result in the corporation or association failing to meet such voting interest requirement of section 40102(15) if the Secretary of Transportation finds that-- ``(1) after the purchase-- ``(A) the president, chairman of the board of directors, chief operating officer, and two-thirds or more of the board of directors of the corporation or association which is, or owns or controls, the air carrier would be citizens of the United States or one of its possessions; and ``(B) at least 51 percent of the voting interests of the air carrier would be owned or controlled by persons who are citizens of the United States or one of its possessions; and ``(2) the purchase is in the public interest. ``(b) Factors To Consider for Public Interest Finding.--The Secretary, in making the finding required by subsection (a)(2), shall consider the following: ``(1) The financial condition of the air carrier and the importance of the purchase to the carrier's ability to survive and effectively compete. ``(2) The effect of the purchase on the employees of the air carrier. ``(3) The effect of the purchase on competition in interstate, overseas, and foreign air transportation. ``(4) Whether the laws and regulations of the foreign country of which the purchaser is a citizen would permit a citizen of the United States to acquire, under similar terms and conditions, the same percentage of stock of a person who provides in such foreign country transportation by aircraft of persons or property as a common carrier as the percentage of stock which the person making the purchase would have in the air carrier after the purchase. ``(5) The extent to which the purchaser is owned, controlled, or subsidized by a government of a foreign country. ``(6) The extent to which a person who is not a citizen of the United States or one of its possessions would, after the purchase, have the power to exercise control over the air carrier. ``(7) The extent to which the foreign country of which the purchaser is a citizen permits air carriers to have access to its aviation markets equivalent to the access that the foreign citizen would have to the aviation markets of the United States after the purchase. ``(c) Application.-- ``(1) Submission.--A person interested in making a purchase with respect to which subsection (a) applies must submit an application with respect to such purchase to the Secretary. The application must be in such form and contain such information as the Secretary may, by regulation, require. ``(2) Approval or disapproval.--Within 90 days after an application meeting the requirements of paragraph (1) and any regulations issued thereunder is submitted to the Secretary, the Secretary shall approve the application, approve the application subject to such conditions or modifications as the Secretary determines appropriate to carry out the objectives of this section, or disapprove the application. ``(3) Presidential review.-- ``(A) Presentation.--The approval, with or without conditions or modifications, of any application under this section shall be presented to the President for review. ``(B) Disapproval; conditions.--The President shall have the right to disapprove or impose conditions on the application solely on the basis of national defense considerations including the effect of the purchase on the Civil Reserve Air Fleet program. Any such disapproval or conditions shall be issued in a public document, setting forth the reasons for the disapproval or conditions to the extent national security permits, within 30 days after submission of the Secretary's action to the President. ``(C) Effect of disapproval.--Any action of the Secretary disapproved by the President under this paragraph shall be null and void. ``(D) Effect of expiration of time limit; judicial review.--Any action of the Secretary not disapproved within the 30-day period referred to in subparagraph (B) shall take effect as an action of the Secretary, not the President, and as such shall be subject to judicial review as provided in section 1006 of this Act.''. SEC. 2. CONFORMING AMENDMENT. The analyses for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41713 the following: ``41714. Reduction of U.S. citizenship voting interest ownership requirement.''. | Amends Federal transportation law to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier under certain conditions, including continued minimum 51 percent ownership or control of the voting interests, and continued predominant management of the corporation or association, by U.S. citizens. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mosquito Abatement for Safety and Health Act''. SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4 of Public Law 107-84 and section 312 of Public Law 107-188, is amended-- (1) by transferring section 317R from the current placement of the section and inserting the section after section 317Q; and (2) by inserting after section 317R (as so transferred) the following section: ``SEC. 317S. MOSQUITO-BORNE DISEASES; ASSESSMENT AND CONTROL GRANTS TO POLITICAL SUBDIVISIONS; COORDINATION GRANTS TO STATES. ``(a) Prevention and Control Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States for the operation of mosquito control programs to prevent and control mosquito-borne diseases (referred to in this section as `control programs'). ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to political subdivisions that-- ``(A) have an incidence or prevalence of mosquito- borne disease, or a population of infected mosquitoes, that is substantial relative to other political subdivisions; ``(B) demonstrate to the Secretary that the political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions; and ``(C) demonstrate to the Secretary (directly or through State officials) that the State in which the political subdivision is located has identified or will identify geographic areas in the State that have a significant need for control programs and will effectively coordinate such programs in such areas. ``(3) Requirement of assessment and plan.--A grant may be made under paragraph (1) only if the political subdivision involved-- ``(A) has conducted an assessment to determine the immediate needs in such subdivision for a control program, including an entomological survey of potential mosquito breeding areas; and ``(B) has, on the basis of such assessment, developed a plan for carrying out such a program. ``(4) Requirement of matching funds.-- ``(A) In general.--With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision, a grant under such paragraph may be made only if the subdivision agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 of Federal funds provided in the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Waiver.--The Secretary may waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the political subdivision involved justify the waiver. ``(5) Reports to secretary.--A grant may be made under paragraph (1) only if the political subdivision involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision will submit to the Secretary, and to the State within which the subdivision is located, a report that describes the control program and contains an evaluation of whether the program was effective. ``(6) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $100,000. A political subdivision may not receive more than one grant under such paragraph. ``(b) Assessment Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States to conduct the assessments and to develop the plans that are required in paragraph (3) of subsection (a) as a condition of receiving a grant under paragraph (1) of such subsection. ``(2) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $10,000. A political subdivision may not receive more than one grant under such paragraph. ``(c) Coordination Grants to States.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of coordinating control programs in the State. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence or prevalence of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States. ``(3) Certain requirements.--A grant may be made under paragraph (1) only if-- ``(A) the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (a)(3) that have been conducted or developed, respectively, by political subdivisions in the State; ``(B) in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs; and ``(C) the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous. ``(4) Reports to secretary.--A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that-- ``(A) describes the activities of the State under the grant; and ``(B) contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (a)(5) from such subdivisions. ``(5) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $10,000. A State may not receive more than one grant under such paragraph. ``(d) Applications for Grants.--A grant may be made under subsection (a), (b), or (c) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Technical Assistance.--The Secretary may provide training and technical assistance with respect to the planning, development, and operation of control programs under subsection (a) and assessments and plans under subsection (b). The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities. ``(f) Definitions.--For purposes of this section: ``(1) The term `control program' has the meaning indicated for such term in subsection (a)(1). ``(2) The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this Act. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. In the case of control programs carried out in response to a mosquito-borne disease that constitutes a public health emergency, the authorization of appropriations under the preceding sentence is in addition to applicable authorizations of appropriations under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.''. SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following section: ``methods of controlling certain insect populations ``Sec. 463B. The Director of the Institute shall conduct or support research to identify or develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences.''. Passed the House of Representatives October 1, 2002. Attest: JEFF TRANDAHL, Clerk. | Mosquito Abatement for Safety and Health Act - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to political subdivisions of States ("localities") for the operation of mosquito control programs to prevent and control mosquito-borne diseases. Directs the Secretary to give preference in issuing the grants to certain types of localities, including those that have a high incidence of mosquito-borne disease or a substantial population of infected mosquitoes.Allows grants for control programs only to localities that have: (1) conducted an assessment of the needs for a program, with such assessment including an entomological survey of potential mosquito breeding areas; and (2) developed, based on the assessment, a plan for carrying out a control program. Requires each locality receiving a grant for a control program to make available matching funds in an amount not less than 1/3 of the cost of the program. Allows the Secretary to waive the matching requirement in the case of extraordinary economic conditions in a locality. Requires a locality receiving a grant to submit a report to the Secretary and to the State in which the locality is located describing the control program and its effectiveness. Limits the amount of a grant for a control program to a maximum of $100,000 for one year, and prohibits a locality from receiving more than one such grant.Permits the Secretary, acting through the Director, to make grants, not to exceed $10,000 for one year, to localities for conducting assessments and plans for control programs. Limits the number of such grants a locality may receive to one.Allows the Secretary, acting through the Director, to make grants to States for the purpose of coordinating control programs, with preference for States that have one or more localities with high incidences of mosquito-borne disease or with substantial populations of infected mosquitoes.Requires States receiving grants to: (1) have developed, or to have agreed to develop, a plan for coordinating control programs in the State which takes into account any assessments or plans for control programs that have been conducted or developed in the State; (2) agree to monitor control programs in the State to ensure they are carried out in accordance with such plan; and (3) submit a report to the Secretary describing the activities of the State under the grant and evaluating whether the control programs of localities were effectively coordinated with each other. Limits such a grant to a maximum of $10,000 for one year, and prohibits a State from receiving more than one grant.Permits the Secretary to provide training and technical assistance to localities with respect to the planning, development, and operation of control programs and assessments and plans, either directly or through award of grants or contracts to public and private entities.Authorizes appropriations.(Sec. 3) Requires the Director of the National Institute of Environmental Health Sciences to conduct or support research into methods to control the population of insects that transmit dangerous diseases to humans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefits for Victims of International Terrorism Act of 2003''. SEC. 2. ESTABLISHMENT OF PROGRAM. There is established the Benefits for Victims of International Terrorism Program (``Program'') under which monetary awards shall be made in accordance with this Act to eligible individuals who are physically injured, killed, or held hostage as a result of an act of international terrorism. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (a) Act of International Terrorism.--The term ``act of international terrorism'' means an activity that constitutes terrorism within the definition provided in Section 2(15) of the Homeland Security Act of 2002 and that was committed by foreign nationals or foreign governments (or the agents thereof) and directed, in whole or in part, at the United States or at an individual because of the individual's status as a national of the United States. (b) Claimant.--The term ``claimant'' means an individual filing a claim for benefits under this Act. In the case of an individual who died as the direct result of the act of international terrorism, any individual who is eligible to recover under section 107(a) may be a claimant. In the case of an individual who suffered physical injury or was held hostage as the direct result of an act of international terrorism, the claimant shall be the individual who suffered the physical injury or was held hostage, except that a parent or legal guardian may file a claim on behalf of an individual who is less than 18 years of age, incompetent or incapacitated. (c) Child.--The term ``child'' shall have the meaning given to it by 42 U.S.C. 3796b(2). (d) Department.--The term ``Department'' means the Department of State. (e) National of the United States.--The term ``national of the United States'' has the meaning given in section 101(a) of the Immigration and Nationality Act (U.S.C. 1101(a)). (f) Physical Injury.--The term ``physical injury'' means an injury to the body, from a source external to the body, that directly results in partial or total physical disability, incapacity, or disfigurement. (g) United States.--The term ``United States'' means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Mariana Islands, the territories and possessions of the United States, the territorial sea of the United States, and the airspace above them. SEC. 4. ADMINISTRATION. (a) Threshold Determination.-- (1) Upon the occurrence of a terrorist incident, the Secretary of State, in consultation with the Attorney General and the Secretaries of Defense, Homeland Security and the Treasury, shall promptly determine in writing whether an act of international terrorism as defined in section 103(a) of this Act has taken place. Any such determination shall be published in the Federal Register. (2) The Secretary of State's determination under this section shall be final and conclusive, and it shall not be subject to review in any judicial, administrative or other proceeding. (b) Adjudication and Payment.--When a threshold determination set forth in subsection (a) is made, the Department shall have jurisdiction to receive, examine, adjudicate, and render final decisions, and pay awards with respect to claims filed under section 105 in accordance with the provisions of this Act. SEC. 5. FILING OF CLAIMS. (a) In General.--Claims for benefits under the Program shall be filed with the Department on the form developed under subsection (b). (b) Claim Form.-- (1) The Department shall develop a form that claimants shall use when submitting claims under subsection (a). (2) The claim form at a minimum shall request-- (A) in the case of a claim filed for a death benefit with respect to a decedent, information demonstrating the decedent's death as a direct result of the act of international terrorism and information demonstrating that the claimant is eligible to recover under the Act. (B) in the case of a claim not involving a death, information demonstrating the physical harm that the claimant suffered as a direct result of the act of international terrorism or information demonstrating the period the claimant was held hostage as a direct result of the act of international terrorism; and (C) in the case of a claim filed by a parent or legal guardian, information demonstrating the claimant's status as a parent or legal guardian. (3) The claim form shall state clearly and conspicuously the information contained in section 112(c) of this Act. SEC. 6. ELIGIBILITY. (a) In General.--The Department shall review each claim filed under this Program and determine whether the claimant is an eligible individual under subsection (b) of this section or has filed a claim on account of the death of an eligible individual under subsection (b). (b) Eligible Individuals.--An eligible individual is a victim who, as of the date on which the act of international terrorism occurred-- (1) was a national of the United States; and (2)(A) died as the direct result of the act of international terrorism; (B) suffered physical injury as the direct result of the act of international terrorism; or (C) was held hostage as a direct result of an act of international terrorism and not solely for ransom. (c) Exclusion for Participants or Conspirators in Acts of Terrorism.--A participant or conspirator in any act of international terrorism, or a representative of such individual, shall not be an eligible individual. (d) Exclusion for Military Personnel.--This Program does not apply to any claim arising out of injury, death, or period as a hostage sustained by a member of the U.S. Armed Forces while serving on active duty. (e) September 11th Victim Compensation Fund.--Notwithstanding any other provision in this Act, no individual who is or was eligible to recover under the September 11th Victim Compensation Fund of 2001 shall be eligible to recover under this Act. SEC. 7. NATURE OF AWARDS. (a) Death Benefit.--In any case in which the Department determines, under regulations issued pursuant to this Act, that an eligible individual has died as the direct and proximate result of an act of international terrorism, the Department shall award a benefit to the survivor or survivors in the same manner and the same amount as death benefits are paid pursuant to the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.). (b) Injury or Hostage Benefit.--In the event the claimant was physically injured or held hostage as a direct result of an act of international terrorism, the Department shall award a benefit to the claimant in an amount determined by the Department up to, but not to exceed, the amount provided for under the preceding subsection. The Secretary of State may issue regulations regarding the amount of benefits to be provided under this subsection for categories of injuries or for durations of time as a hostage. (c) No Fault Program.--Awards shall be made without regard to the negligence or any other theory of liability of the claimant or of the individual on whose behalf the claimant is filing a claim. (d) Reversion of Amounts to the Fund.--If no person is entitled to receive the amount awarded under the above subsections, the amount shall revert to the Fund. SEC. 8. LIMITATIONS ON CLAIMS. (a) Prohibition on Double Recovery.--No benefit is payable under this Act with respect to a victim having been injured or held hostage if a benefit is payable under this Act with respect to the death of such victim. In the event that a payment is made under this Act on account of death or period as a hostage and a death benefit subsequently becomes payable for the death of the same victim, such death benefit shall be reduced by amounts previously awarded. (b) Time Limitation for Filing.--No claim may be filed on the basis of an act of international terrorism after the date that is 2 years after the date of publication in the Federal Register of the relevant determination under section 104(a) of this Act. SEC. 9. INTERNATIONAL TERRORISM BEFORE EFFECTIVE DATE. (a) International Terrorism Before Effective Date.--Benefits may be awarded under this Act, subject to the provisions of subsection (b) of this section, to eligible individuals for acts of international terrorism that took place before the effective date of this Act and which occurred on or after November 1, 1979. (b) Determination.--The Secretary of State, in consultation with the Attorney General and the Secretaries of Defense, Homeland Security and the Treasury, shall issue, promptly upon the request of a claimant potentially covered under subsection (a), a determination whether an incident that occurred on or after November 1, 1979, and before the date of enactment of this Act was an act of international terrorism. Such requests will be considered only if made within one year after the date of enactment of this Act. Any such determination shall be published in the Federal Register. SEC. 10. AUTHORIZATION. (a) Authorization.--There is established for the purpose of providing benefits under this Act a Victims of International Terrorism Benefits Fund (``Fund''). In addition to amounts otherwise authorized to be appropriated for the Department of State, there are authorized to be appropriated to the Department of State for deposit into the Fund such sums as may be necessary to pay awards under this Act and to administer this Program. (1) Amounts in the Fund shall be available until expended. (2) Contributions.--The Secretary of State is authorized to accept such amounts as may be contributed by individuals, business concerns, foreign governments, or other entities for the payment of awards certified under this Act and such amounts may be deposited directly into the Fund. (3) Unexpended balances of expired appropriations available to the Department of State may be transferred directly into the Fund for the payment of awards under this Act and, to the extent and in such amounts as provided in appropriations acts, for the costs to administer this Program. SEC. 11. SUBROGATION. The United States shall be subrogated, to the extent of the payments, to any recovery in litigation or settlement of litigation related to an injury, death, or period of a hostage for which payment was made under the Program. Any amounts recovered under this subsection shall be deposited into the Fund established by section 110(a). SEC. 12. ADMINISTRATIVE PROVISIONS. (a) Rules and Procedures.--The Secretary of State may issue such rules and procedures as may be necessary to carry out this Act, including rules with respect to choice of law principles, admitting agents or other persons to representation before the Department of claimants under this Act, and the nature and maximum amount of fees that such agent or other person may charge for such representation. (b) Acts Committed to Officer's Discretion.--Any action taken or omitted by an officer of the United States under this Act is committed to the discretion of such officer. (c) Civil Actions Against Foreign States.-- (1) A person who by a civil action has obtained and received full satisfaction of a judgment against a foreign state or government or its agencies or instrumentalities, or against the United States or its agencies or instrumentalities, for death, injury, or period as a hostage due to an act of international terrorism shall not receive an award under this Act based on the same act of international terrorism. (2) A person who has accepted benefits pursuant to an award under this Act relating to an act of international terrorism shall not thereafter commence or maintain in a court of the United States a civil action based on the same act of international terrorism against a foreign state or government or its agencies or instrumentalities or against the United States or its agencies or instrumentalities. SEC. 13. NO JUDICIAL REVIEW. Decisions made under this Act shall not be subject to review in any judicial, administrative or other proceeding. SEC. 14. CONFORMING AMENDMENTS. (a) Section 201 of the Terrorism Risk Insurance Act of 2002 (Public Law 107-297) is amended by adding the following as new subsection (e): ``(e) Subsection (a) shall not apply to any judgment obtained pursuant to a complaint filed after [the date of submission of the Benefits for Victims of International Terrorism Act of 2003].''. (b) Section 1610(f) of Title 28, United States Code (28 U.S.C. 1610(f)), is amended by adding the following at the end as new subparagraph (4): ``(4) Subsection (f) shall not apply to any judgment obtained pursuant to a complaint filed after [the date of submission of the Benefits for Victims of International Terrorism Act of 2003].''. | Benefits for Victims of International Terrorism Act of 2003 - Establishes the Benefits for Victims of International Terrorism Program under which monetary awards shall be made (in lieu of judgments in civil actions against the U.S. or foreign governments) to eligible individuals who are physically injured, killed, or held hostage as a result of an act of international terrorism. Places administration of the program in the Department of State. Prescribes a claims procedure. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Educational Stability for Children in Foster Care Act''. SEC. 2. STATE AND LOCAL EDUCATIONAL AGENCY PLAN AND REPORT REQUIREMENTS. (a) State Plan.--Section 1111(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(8)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) how the State educational agency will comply with the requirements of part J and the State's plan to ensure such compliance; and''. (b) State Report Card.--Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended-- (1) in clause (i), by striking ``and status as economically disadvantaged,'' and inserting ``status as economically disadvantaged, and status as a child in foster care (defined in section 1602(1)),''; and (2) in clause (vi), by inserting before the semicolon the following: ``(disaggregated by status as a child in foster care (defined in section 1602(1)), except that such disaggregation shall not be required in a case in which the number of students in such category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student)''. (c) State Report to Secretary.--Section 1111(h)(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) in subparagraph (G), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(H) beginning not later than school year 2012- 2013, information on the achievement of students and the graduation rates described in clauses (i) and (vi) of paragraph (1)(C), respectively, including the disaggregated results for the category of students with status as a child in foster care (defined in section 1602(1)).''. (d) Local Educational Agency Plan.--Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking ``and'' at the end of subparagraph (P); (2) in subparagraph (Q), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(R) how the local educational agency will comply with the requirements of part J that relate to the local educational agency and describe the local educational agency's plan to ensure such compliance.''. (e) Reservation for Homeless Children and Youth and Other At-Risk Children.--Section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) children in foster care (defined in section 1602(1)), including by designating an individual employed by the agency to serve as a point of contact, as described in 1601(d)(1), for the child welfare agencies responsible for such children enrolled in the local educational agency.''. SEC. 3. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, is further amended by adding at the end the following: ``PART J--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE ``SEC. 1601. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE. ``(a) Obligations To Collaborate With Child Welfare Agencies.-- ``(1) In general.--Each State educational agency receiving assistance under part A shall collaborate with the State child welfare agency to develop and implement a plan to ensure that the following occurs, for each child in the State, when the child moves to a new school attendance area as a result of being placed in foster care (as described in section 1602(1)), changing foster care placements, or leaving foster care: ``(A) Attendance at a school of origin.-- ``(i) In general.--The child enrolls or remains in the child's school of origin, unless a determination is made that it is in the child's best interest to attend a different school. ``(ii) Limitation.--A child who leaves foster care shall only be entitled to remain in the child's school of origin for the remainder of the school year. ``(B) Immediate enrollment.--When a determination is made regarding the school that it is in the best interest of a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, immunization and medical records, a birth certificate, guardianship records, proof of residency, or other documentation. ``(C) Records transfer.--Any records ordinarily kept by a school, including records of immunizations, health screenings, and other required health records, academic records, birth certificates, evaluations for special services or programs, and any individualized education programs (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), regarding a child in foster care shall be-- ``(i) maintained so that the records involved are available, in a timely fashion, when a child in foster care enters a new school; and ``(ii) immediately transferred to the enrolling school, even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local withdrawal procedures. ``(2) Implementation.--Each State educational agency receiving assistance under part A shall ensure that the plan described in paragraph (1) is implemented by the local educational agencies in the State. ``(b) Credit Transfer and Diplomas.--Each State that receives assistance under part A shall have policies for ensuring that-- ``(1) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; ``(2) a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care; and ``(3) a child in foster care who has changed secondary schools can receive a secondary school diploma either from one of the schools in which the child was enrolled or through a State-issued secondary school diploma system, consistent with State graduation requirements. ``(c) Transportation.--Not later than 1 year after the date of enactment of the Increasing Educational Stability for Children in Foster Care Act, the State educational agency shall enter into an agreement with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act to ensure that children in foster care, and children leaving foster care, who are attending their schools of origin receive transportation to and from those schools, in accordance with subsection (a)(1) and with section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)). The agreement shall include a description of the following: ``(1) How foster care maintenance payments will be used to help fund the transportation of children in foster care to their schools of origin. ``(2) How children who leave foster care will receive transportation to maintain their enrollment in their schools of origin for the remainder of the academic year, if remaining in their schools of origin is in their best interests. ``(d) Points of Contact.-- ``(1) Local educational agencies.--A State that receives assistance under part A shall ensure that each local educational agency in the State designates an individual employed by the agency to serve as a point of contact for the child welfare agencies responsible for children in foster care enrolled in the local educational agency and to oversee the implementation of the local educational agency requirements under this section. A local educational agency's point of contact shall not be the individual designated as its local educational agency liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. ``(2) State educational agencies.--Each State educational agency receiving assistance under part A shall designate an individual to serve as a point of contact for child welfare agencies and to oversee the implementation of the State educational agency requirements under this section. A State educational agency's point of contact shall not be the individual designated as the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. ``SEC. 1602. DEFINITIONS. ``In this part: ``(1) Child in foster care.--The term `child in foster care' means a child whose care and placement is the responsibility of the agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of the Social Security Act (42 U.S.C. 672) on behalf of the child. ``(2) School attendance area.--The term `school attendance area' has the meaning given the term in section 1113(a)(2). ``(3) School of origin.--The term `school of origin' means, with respect to a child in foster care, any of the following: ``(A) The public school in which the child was enrolled prior to entry into foster care. ``(B) The public school in which the child is enrolled when a change in foster care placement occurs. ``(C) The public school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(3)(G)), if such child was eligible for assistance under such Act before the child became a child in foster care.''. (b) Guidance.--Not later than 90 days after the date of enactment of this Act, the Secretary, in collaboration with the Secretary of Health and Human Services, is directed to issue guidance on the implementation of part J of title I of the Elementary and Secondary Education Act of 1965, including how State and local agencies will work together to ensure that transportation for children in foster care is provided to the school of origin. SEC. 4. AMENDMENT TO MCKINNEY-VENTO HOMELESS ASSISTANCE ACT. Section 725(2)(B)(i) of the of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)(B)(i)) is amended by striking ``are abandoned in hospitals; or are awaiting foster care placement'' and inserting ``or are abandoned in hospitals;''. | Increasing Educational Stability for Children in Foster Care Act - Amends the school improvement program under title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the annual report cards issued by states to include information on the academic achievement and secondary school graduation rates of foster children. Requires local educational agencies (LEAs) to reserve school improvement funds to serve children in foster care. Establishes part J (Educational Stability of Children in Foster Care) under title I of the ESEA. Requires states to develop and implement a plan to ensure that children that move to a new school attendance area due to being placed in foster care, changing their foster care placement, or leaving foster care: (1) enroll or remain in their school of origin and receive transportation to and from that school, unless it is determined to be in their best interest to attend a different school; (2) are immediately enrolled in a school once it is determined to be in their best interest to attend the school, even if they are unable to produce the records normally required for enrollment; and (3) have their school records maintained and available for immediate transfer to their new school. Gives a child who leaves foster care the right to remain in his or her school of origin only for the remainder of the school year. Requires states to ensure that foster children are able to: (1) preserve the credits or partial credits they earned at schools they previously attended, and (2) receive a secondary school diploma from one of the schools at which they were enrolled or through a state-issued secondary school diploma system. Requires LEAs and state educational agencies to each designate an individual to oversee implementation of their part J obligations and serve as a point of contact for the child welfare agencies responsible for foster children. Amends the McKinney-Vento Homeless Assistance Act to eliminate children and youths who are awaiting foster care placement from the definition of "homeless children and youths." |
SECTION 1. SHORT TITLE. This title may be cited as the ``Public Safety Officers' Benefits Improvements Act of 2012''. SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL SERVICE PROVIDERS; MISCELLANEOUS AMENDMENTS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) in section 901(a) (42 U.S.C. 3791(a))-- (A) in paragraph (26), by striking ``and'' at the end; (B) in paragraph (27), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(28) the term `hearing examiner' includes any medical or claims examiner.''; (2) in section 1201 (42 U.S.C. 3796)-- (A) in subsection (a), by striking ``follows:'' and all that follows and inserting the following: ``follows (if the payee indicated is living on the date on which the determination is made)-- ``(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer; ``(2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse; ``(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares); ``(4) if there is no surviving spouse of the public safety officer and no surviving child-- ``(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or ``(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the time of death with the public safety agency, organization, or unit; ``(5) if there is no individual qualifying under paragraph (1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; or ``(6) if there is no individual qualifying under paragraph (1), (2), (3), (4), or (5), to the surviving individual (or individuals, in equal shares) who would qualify under the definition of the term `child' under section 1204 but for age.''; (B) in subsection (b)-- (i) by striking ``direct result of a catastrophic'' and inserting ``direct and proximate result of a personal''; (ii) by striking ``pay,'' and all that follows through ``the same'' and inserting ``pay the same''; (iii) by striking ``in any year'' and inserting ``to the public safety officer (if living on the date on which the determination is made)''; (iv) by striking ``in such year, adjusted'' and inserting ``with respect to the date on which the catastrophic injury occurred, as adjusted''; (v) by striking ``, to such officer''; (vi) by striking ``the total'' and all that follows through ``For'' and inserting ``for''; and (vii) by striking ``That these'' and all that follows through the period, and inserting ``That the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.''; (C) in subsection (f)-- (i) in paragraph (1), by striking ``, as amended (D.C. Code, sec. 4-622); or'' and inserting a semicolon; (ii) in paragraph (2)-- (I) by striking ``. Such beneficiaries shall only receive benefits under such section 8191 that'' and inserting ``, such that beneficiaries shall receive only such benefits under such section 8191 as''; and (II) by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(3) payments under the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).''; (D) by amending subsection (k) to read as follows: ``(k) As determined by the Bureau, a heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer and directly and proximately resulting in death, if-- ``(1) the public safety officer, while on duty-- ``(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or ``(B) participates in a training exercise involving nonroutine stressful or strenuous physical activity; ``(2) the heart attack, stroke, or vascular rupture commences-- ``(A) while the officer is engaged or participating as described in paragraph (1); ``(B) while the officer remains on that duty after being engaged or participating as described in paragraph (1); or ``(C) not later than 24 hours after the officer is engaged or participating as described in paragraph (1); and ``(3) the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer, unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors.''; and (E) by adding at the end the following: ``(n) The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or executed life insurance policy for purposes of subsection (a)(4) shall maintain the confidentiality of the designation or policy in the same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer.''; (3) in section 1202 (42 U.S.C. 3796a)-- (A) by striking ``death'', each place it appears except the second place it appears, and inserting ``fatal''; and (B) in paragraph (1), by striking ``or catastrophic injury'' the second place it appears and inserting ``, disability, or injury''; (4) in section 1203 (42 U.S.C. 3796a-1)-- (A) in the section heading, by striking ``who have died in the line of duty'' and inserting ``who have sustained fatal or catastrophic injury in the line of duty''; and (B) by striking ``who have died in the line of duty'' and inserting ``who have sustained fatal or catastrophic injury in the line of duty''; (5) in section 1204 (42 U.S.C. 3796b)-- (A) in paragraph (1), by striking ``consequences of an injury that'' and inserting ``an injury, the direct and proximate consequences of which''; (B) in paragraph (3)-- (i) in the matter preceding clause (i)-- (I) by inserting ``or permanently and totally disabled'' after ``deceased''; and (II) by striking ``death'' and inserting ``fatal or catastrophic injury''; and (ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; (C) in paragraph (5)-- (i) by striking ``post-mortem'' each place it appears and inserting ``post-injury''; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (D) in paragraph (7), by striking ``public employee member of a rescue squad or ambulance crew;'' and inserting ``employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that-- ``(A) is a public agency; or ``(B) is (or is a part of) a nonprofit entity serving the public that-- ``(i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; and ``(ii) engages in rescue activities or provides emergency medical services as part of an official emergency response system;''; and (E) in paragraph (9)-- (i) in subparagraph (A), by striking ``as a chaplain, or as a member of a rescue squad or ambulance crew;'' and inserting ``or as a chaplain;''; (ii) in subparagraph (B)(ii), by striking ``or'' after the semicolon; (iii) in subparagraph (C)(ii), by striking the period and inserting ``; or''; and (iv) by adding at the end the following: ``(D) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services.''. (6) in section 1205 (42 U.S.C. 3796c), by adding at the end the following: ``(d) Unless expressly provided otherwise, any reference in this part to any provision of law not in this part shall be understood to constitute a general reference under the doctrine of incorporation by reference, and thus to include any subsequent amendments to the provision.''; (7) in each of subsections (a) and (b) of section 1212 (42 U.S.C. 3796d-1), sections 1213 and 1214 (42 U.S.C. 3796d-2 and 3796d-3), and subsections (b) and (c) of section 1216 (42 U.S.C. 3796d-5), by striking ``dependent'' each place it appears and inserting ``person''; (8) in section 1212 (42 U.S.C. 3796d-1)-- (A) in subsection (a)-- (i) in paragraph (1), in the matter preceding subparagraph (A), by striking ``Subject'' and all that follows through ``, the'' and inserting ``The''; and (ii) in paragraph (3), by striking ``reduced by'' and all that follows through ``(B) the amount'' and inserting ``reduced by the amount''; (B) in subsection (c)-- (i) in the subsection heading, by striking ``Dependent''; and (ii) by striking ``dependent''; (9) in paragraphs (2) and (3) of section 1213(b) (42 U.S.C. 3796d-2(b)), by striking ``dependent's'' each place it appears and inserting ``person's''; (10) in section 1216 (42 U.S.C. 3796d-5)-- (A) in subsection (a), by striking ``each dependent'' each place it appears and inserting ``a spouse or child''; and (B) by striking ``dependents'' each place it appears and inserting ``a person''; and (11) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)), by striking ``described in'' and all that follows and inserting ``an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and''. (b) Amendment Related to Expedited Payment for Public Safety Officers Involved in the Prevention, Investigation, Rescue, or Recovery Efforts Related to a Terrorist Attack.--Section 611(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c-1(a)) is amended by inserting ``or an entity described in section 1204(7)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(7)(B))'' after ``employed by such agency''. (c) Technical and Conforming Amendment.--Section 402(l)(4)(C) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``section 1204(9)(A)'' and inserting ``section 1204(10)(A)''; and (2) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting ``42 U.S.C. 3796b(10)(A)''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; APPEALS. The matter under the heading ``public safety officers benefits'' under the heading ``Office of Justice Programs'' under title II of division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1912; 42 U.S.C. 3796c-2) is amended-- (1) by striking ``decisions'' and inserting ``determinations''; (2) by striking ``(including those, and any related matters, pending)''; and (3) by striking the period at the end and inserting the following: ``: Provided further, That, on and after the date of enactment of the Public Safety Officers' Benefits Improvements Act of 2012, as to each such statute-- ``(1) the provisions of section 1001(a)(4) of such title I (42 U.S.C. 3793(a)(4)) shall apply; ``(2) payment (other than payment made pursuant to section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c-1)) shall be made only upon a determination by the Bureau that the facts legally warrant the payment; ``(3) any reference to section 1202 of such title I shall be deemed to be a reference to paragraphs (2) and (3) of such section 1202; and ``(4) a certification submitted under any such statute (other than a certification submitted pursuant to section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c-1)) may be accepted by the Bureau as prima facie evidence of the facts asserted in the certification: Provided further, That, on and after the date of enactment of the Public Safety Officers' Benefits Improvements Act of 2012, no appeal shall bring any final determination of the Bureau before any court for review unless notice of appeal is filed (within the time specified herein and in the manner prescribed for appeal to United States courts of appeals from United States district courts) not later than 90 days after the date on which the Bureau serves notice of the final determination: Provided further, That any regulations promulgated by the Bureau under such part (or any such statute) before, on, or after the date of enactment of the Public Safety Officers' Benefits Improvements Act of 2012 shall apply to any matter pending on, or filed or accruing after, the effective date specified in the regulations.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any matter pending, before the Bureau of Justice Assistance or otherwise, on the date of enactment of this Act, or filed or accruing after that date. (b) Exceptions.-- (1) Rescue squads and ambulance crews.--For a member of a rescue squad or ambulance crew (as defined in section 1204(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by this Act), the amendments made by this Act shall apply to injuries sustained on or after June 1, 2009. (2) Heart attacks, strokes, and vascular ruptures.--Section 1201(k) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by this Act, shall apply to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003. Passed the House of Representatives June 27, 2012. Attest: KAREN L. HAAS, Clerk. | Public Safety Officers' Benefits Improvements Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise provisions concerning public safety officer death or disability benefits, including by: (1) modifying the list of recipients of death benefits payable when a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty to include as an eligible individual, if there is no other individual meeting existing eligibility requirements, the surviving individual (or individuals, in equal shares) who would qualify as an eligible "child" but for age; (2) providing that disability benefits shall be payable when an officer has become permanently and totally disabled as the direct and proximate result of a personal injury (currently, as the direct result of a catastrophic injury) sustained in the line of duty; (3) eliminating the $5,000,000 limit on total annual disability benefits paid; (4) providing that death or disability benefits shall not be in addition to payments under the September 11th Victim Compensation Fund of 2001; (5) revising the criteria for death resulting from a heart attack, stroke, or vascular rupture suffered by a public safety officer while on duty; (6) including within the definitions of "member of a rescue squad or ambulance crew" and "public safety officer" an officially recognized or designated employee or volunteer member of a rescue squad or ambulance crew that is a public agency or a nonprofit entity serving the public that is officially authorized or licensed to engage in rescue activity or to provide emergency medical services and that engages in rescue activities or provides emergency medical services as part of an official emergency response system; and (7) making those who have sustained a catastrophic injury in the line of duty eligible for peer support and counseling programs. Makes funds available for appeals from final determinations (currently, decisions) of the Bureau of Justice Assistance, and for expenses of representation of hearing examiners, with respect to public safety officer's death benefits under specified circumstances. Provides that no appeal shall bring a final determination of the Bureau before any court for review unless notice of appeal is filed within 90 days after the date on which the Bureau serves notice of the final determination. Defines a "hearing examiner" under such Act to include any medical or claims examiner. Makes this Act applicable to injuries sustained by a member of a rescue squad or ambulance crew on or after June 1, 2009. Makes provisions regarding the presumption of a personal injury sustained in the line of duty for public safety officers applicable to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Efficiency Energy Act of 2007''. SEC. 2. DEFINITIONS. (a) Automobile.--Section 32901(a)(3) of title 49, United States Code, is amended-- (1) by striking ``4-wheeled''; and (2) by striking ``, and rated at--'' and all that follows and inserting a period. (b) Medium-Duty Truck.--Section 32901(a) of such title is amended-- (1) by redesignating paragraphs (14), (15), and (16) as paragraphs (15), (16), and (17), respectively; and (2) by inserting after paragraph (13) the following: ``(14) `medium-duty truck' means a truck (as defined in section 30127) with a gross vehicle weight between 10,000 and 26,000 pounds.''. (c) Passenger Automobile.--Section 32901(a)(17) of such title, as redesignated by subsection (b)(1), is amended by striking ``decides by regulation--'' and all that follows through the period and inserting ``determines by regulation, to have a significant feature (except 4- wheel drive) designed for off-highway operation.''. (d) Fuel Economy Information.--Section 32908(a) of such title is amended-- (1) in the subsection heading, by striking ``Definitions'' and inserting ``Definition''; and (2) by striking ``section--'' and all that follows through ``(2)'' and inserting ``section, the term''. SEC. 3. ANNUAL INCREASE IN AVERAGE FUEL ECONOMY STANDARDS. (a) Fuel Efficiency Standards.-- (1) In general.--Section 32902 of title 49, United States Code, is amended by striking subsections (a) through (c) and inserting the following: ``(a) In General.--Not later than 18 months before the beginning of each model year beginning with model year 2012, the Secretary of Transportation, shall prescribe, by regulation, average fuel economy standards for automobiles manufactured by a manufacturer for that model year in accordance with subsection (b). The Secretary of Transportation shall prescribe separate average fuel economy standards for different classes of automobiles. The Secretary shall establish average fuel economy standards for medium-duty trucks that are consistent with the projected benefits of hybridization. ``(b) Annual Increases in Fuel Economy Standards.-- ``(1) For model year 2012.--For model year 2012, the average fuel economy standard for each class of automobiles shall be the average combined highway and city miles per gallon performance of all automobiles within that class of automobiles in 2011 (rounded to the nearest \1/10\ mile per gallon). ``(2) For model years after model year 2012.--For each model year beginning with model year 2013 and ending with model year 2030, the average fuel economy attained by the fleet of automobiles manufactured or sold in the United States shall be at least 4 percent greater than the average fuel economy standard for the fleet in the previous model year (rounded to the nearest \1/10\ mile per gallon). ``(c) Amending Fuel Economy Standards.-- ``(1) In general.--Notwithstanding subsections (a) and (b), the Secretary of Transportation may prescribe an average fuel economy standard for a class of automobiles in a model year that is lower than the standard required under subsection (b) if the Secretary of Transportation, in consultation with the National Academy of Sciences, determines that the average fuel economy standard prescribed in accordance with subsections (a) and (b) for that class of automobiles in that model year-- ``(A) is not technologically achievable; ``(B) cannot be achieved without materially reducing the overall safety of automobiles manufactured or sold in the United States and no offsetting safety improvements can be practicably implemented for that model year; or ``(C) is shown not to be cost effective. ``(2) Maximum standard.--Any average fuel economy standard prescribed for a class of automobiles in a model year under paragraph (1) shall be the maximum standard that-- ``(A) is technologically achievable; ``(B) can be achieved without materially reducing the overall safety of automobiles manufactured or sold in the United States; and ``(C) is cost effective. ``(3) Considerations in determination of cost effectiveness.--In determining cost effectiveness under paragraph (1)(C), the Secretary of Transportation shall take into account the total value to the United States of reduced petroleum use, including the value of reducing external costs of petroleum use, using a value for such costs equal to 50 percent of the value of 1 gallon of gasoline saved or the amount determined in an analysis of the external costs of petroleum use that considers-- ``(A) value to consumers; ``(B) economic security; ``(C) national security; ``(D) foreign policy; ``(E) the impact of oil use-- ``(i) on sustained cartel rents paid to foreign suppliers; ``(ii) on long-run potential gross domestic product due to higher normal-market oil price levels, including inflationary impacts; ``(iii) on import costs, wealth transfers, and potential gross domestic product due to increased trade imbalances; ``(iv) on import costs and wealth transfers during oil shocks; ``(v) on macroeconomic dislocation and adjustment costs during oil shocks; ``(vi) on the cost of existing energy security policies, including the management of the Strategic Petroleum Reserve; ``(vii) on the timing and severity of the oil peaking problem; ``(viii) on the risk, probability, size, and duration of oil supply disruptions; ``(ix) on the strategic behavior of the Organization of the Petroleum Exporting Countries and long-run oil pricing; ``(x) on the short term elasticity of energy demand and the magnitude of price increases resulting from a supply shock; ``(xi) on oil imports, military costs, and related security costs, including intelligence, homeland security, sea lane security and infrastructure, and other military activities; ``(xii) on oil imports, diplomatic and foreign policy flexibility, and connections to geopolitical strife, terrorism, and international development activities; ``(xiii) all relevant environmental hazards under the jurisdiction of the Environmental Protection Agency; and ``(xiv) on well-to-wheels urban and local air emissions of pollutants and their uninternalized costs; ``(F) the impact of the oil or energy intensity of the United States economy on the sensitivity of the economy to oil price changes, including the magnitude of gross domestic product losses in response to short term price shocks or long term price increases; ``(G) the impact of United States payments for oil imports on political, economic, and military developments in unstable or unfriendly oil-exporting countries; ``(H) the uninternalized costs of pipeline and storage oil seepage, and for risk of oil spills from production, handling, and transport, and related landscape damage; and ``(I) additional relevant factors, as determined by the Secretary. ``(4) Minimum valuation.--When considering the value to consumers of a gallon of gasoline saved, the Secretary of Transportation may not use a value less than the greatest of-- ``(A) the average national cost of a gallon of gasoline sold in the United States during the 12-month period ending on the date on which the new fuel economy standard is proposed; ``(B) the most recent weekly estimate by the Energy Information Administration of the Department of Energy of the average national cost of a gallon of gasoline (all grades) sold in the United States; and ``(C) the gasoline prices projected by the Energy Information Administration for the 20-year period beginning in the year following the year in which the standards are established.''. (2) Conforming amendments.--Title 49, United States Code, is amended-- (A) in section 32902-- (i) in subsection (d) by striking ``subsection (b) or (c) of this section'' and inserting ``subsection (a), (b), or (c)''; (ii) by striking subsection (f); (iii) in subsection (g)-- (I) by striking ``subsection (a) or (d)'' and inserting ``this section''; and (II) by striking ``(and submit the amendment to Congress when required under subsection (c)(2) of this section)''; and (iv) in subsection (h) by striking ``subsections (c), (f), and (g) of this section'' and inserting ``subsections (c) and (g)''; (B) in section 32903-- (i) by striking ``section 32902(b)-(d) of this title'' each place it occurs and inserting ``subsections (a) through (d) of section 32902''; and (ii) in subsection (e), by striking ``section 32902(a) of this title'' and inserting ``subsections (a) through (d) of section 32902''; and (C) in section 32904-- (i) in subsection (a)-- (I) by striking ``subject to--'' and all that follows through ``(B) section 32902(a)-(d) of this title'' and inserting ``subject to subsections (a) through (d) of section 32902''; and (II) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (b) Repeal of Credit for Dual Fueled Automobiles.-- (1) In general.--Section 32905 of title 49, United States Code, is amended-- (A) by amending subsection (b) to read as follows: ``(b) Dual Fueled Automobiles.--The Administrator of the Environmental Protection Agency shall measure the fuel economy for any model of dual fueled automobile manufactured in model year 2012 and any model year thereafter, in accordance with section 32904.''; and (B) by amending subsection (d) to read as follows: ``(d) Gaseous Fuel Dual Fueled Automobiles.--The Administrator of the Environmental Protection Agency shall measure the fuel economy for any model of gaseous fuel dual fueled automobile manufactured in model year 2012 and any model year thereafter, in accordance with section 32904.''. (2) Conforming amendments.--Section 32905 of such title is further amended-- (A) by striking subsection (f); and (B) redesignating subsections (g) and (h) as subsections (f) and (g), respectively. SEC. 4. REQUIREMENT TO INCREASE PERCENTAGE OF DUAL FUELED AUTOMOBILES. Section 32902 of title 49, United States Code, as amended by section 3, is further amended by inserting after subsection (e) the following: ``(f) Requirement for Annual Increase in Duel Fueled Automobiles.-- Each manufacturer shall ensure that the percentage of automobiles manufactured by such manufacturer in each of model years 2012 through 2022 that are dual fueled automobiles is not less than 10 percent greater than the percentage of automobiles manufactured by such manufacturer in the previous model year that are dual fueled automobiles.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall-- (1) take effect on January 1, 2010; and (2) apply to automobiles manufactured for model year 2012 and for each subsequent model year. | Fuel Efficiency Energy Act of 2007 - Amends corporate average fuel economy (CAFE) provisions to revise the definition of: (1) "automobile" to mean any vehicle that is propelled by fuel, or by alternative fuel, and is manufactured primarily for use on public streets, roads, and highways (currently, four-wheeled vehicles that are so propelled and manufactured for such use and that are up to 6,000 pounds and certain vehicles between 6,000 and 10,000 pounds); and (2) "passenger automobile" to eliminate the exception for 4-wheel drive automobiles and vehicles weighing more than 6,000 pounds. Defines "medium-duty truck" as a truck with a gross vehicle weight between 10,000 and 26,000 pounds. Requires the Secretary of Transportation to: (1) prescribe separate increased minimum CAFE standards for different classes of automobiles manufactured beginning for model year 2012, but adds an increase of 4% per year in such standard for model years 2013 through 2030; and (2) establish CAFE standards for medium-duty trucks that are consistent with hybridization beginning for model year 2012. Revises the calculation of fuel economy standards for dual fueled automobiles and gaseous fuel dual fueled automobiles manufactured in model year 2012 and beyond to require using the same calculation provisions as used for gas or diesel fueled vehicles. Repeals provisions allowing the Department of Transportation (DOT) to extend manufacturing credits for such automobiles. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Free Vaccines Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In July 1999, the Public Health Service and the American Academy of Pediatrics issued a joint statement, which was later endorsed by the American Academy of Family Physicians, proclaiming: ``[The] Public Health Service, the American Academy of Pediatrics, and vaccine manufacturers agree that thimerosal-containing vaccines should be removed as soon as possible. Similar conclusions were reached this year in a meeting attended by European regulatory agencies, the European vaccine manufacturers, and the US FDA which examined the use of thimerosal-containing vaccines produced or sold in European countries.''. (2) In July 2000, the Public Health Service, the Advisory Commission on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians issued a joint statement, providing: ``The AAFP, [the] AAP, and the PHS in consultation with the ACIP reaffirm the goal set in July 1999 to remove or greatly reduce thimerosal from vaccines as soon as possible for the following reasons: 1) the removal or substantial reduction of thimerosal from vaccines is feasible, 2) the progress in removal which has been made to date is substantial, 3) the discussions between the Food and Drug Administration and the vaccine manufacturers in removing thimerosal are ongoing, and 4) the public concern about the use of mercury of any sort remains high. Based on information from the FDA and manufacturers, the PHS projects that the United States will complete its transition to a secure routine pediatric vaccine supply free of thimerosal as a preservative (i.e. at least two vaccine products each for Hep B, Hib, and DTaP) by the first quarter of 2001.''. (3) The Institute of Medicine's Immunization Review Committee concluded that significant reasons existed for continued public health attention to concerns about thimerosal exposure and neurodevelopmental disorders and recommended the removal of thimerosal from vaccines administered to children and pregnant women. (4) Federal regulatory agencies and manufacturers have taken positive steps to remove thimerosal from some medical products, most notably routinely administered childhood vaccines. (5) Considerable progress has been made in reducing mercury exposures from childhood vaccines, yet 5 years after the July 1999 statement, thimerosal remains in several nonroutinely administered childhood vaccines. (6) There is no law or regulation to prohibit the reintroduction of thimerosal into any products from which it has been removed, leaving open the possibility that it may be reintroduced at some point in the future. (7) The Environmental Protection Agency has estimated that as many as 1 in 6 infants are born with a blood mercury level that exceeds the Agency's safety threshold. (8) Cumulative exposures to mercury, a neurotoxin, are known to cause harm, particularly in young children and pregnant women. (9) Taking steps to reduce mercury exposures through vaccines is an important way to reduce direct exposures to mercury and mercury compounds. SEC. 3. BANNED MERCURY-CONTAINING VACCINES. (a) Prohibition.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the following: ``(h) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act.''. (b) Amendment to PHSA.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 351A the following: ``SEC. 351B. BANNED MERCURY-CONTAINING VACCINES. ``(a) In General.--For purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if-- ``(1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or ``(2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. ``(b) Public Health Emergency Exception.-- ``(1) Exception.--Subsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. ``(2) Declaration.--The Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. ``(3) Limitation.--The Secretary-- ``(A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and ``(B) may not specify any such effective period that exceeds 12 months. ``(4) Renewals.--At the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. ``(5) Publication.--The Secretary shall promptly publish each declaration under this section in the Federal Register. ``(c) Effective Dates.-- ``(1) Mercury-containing vaccines.--In the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: ``(A) July 1, 2004, if the vaccine is an influenza vaccine. ``(B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January-June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. ``(C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). ``(2) Thimerosal-containing vaccines.--In the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007.''. SEC. 4. INFORMATION ON THIMEROSAL CONTENT. Section 2126 of the Public Health Service Act (42 U.S.C. 300aa-26) is amended by adding at the end the following: ``(e) Thimerosal Content.--Not later than 2 months after the date of the enactment of this subsection, the Secretary shall revise the vaccine information materials developed and disseminated under this section to ensure that, in the case of any vaccine described in subsection (a) that contains thimerosal, the materials include-- ``(1) a statement indicating the presence of thimerosal in the vaccine; ``(2) information on the availability of any thimerosal- free or thimerosal-reduced alternative vaccine and instructions on how to obtain such alternative vaccine; and ``(3) a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.''. SEC. 5. SENSE OF CONGRESS. It is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should include, in any information disseminated by the Centers to the public or to health care providers relating to the administration of vaccines, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit a report to the Congress annually on the progress of the Commissioner in removing mercury from vaccines. | Mercury-Free Vaccines Act of 2004 - Amends the Federal Food, Drug, and Cosmetic Act to deem a banned mercury-containing vaccine to be adulterated. Amends the Public Health Service Act to deem a vaccine to be a banned mercury-containing vaccine if: (1) one dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention (CDC). Allows the Secretary of Health and Human Services to declare that an actual or potential bioterrorist incident or other public health emergency makes the administration of such vaccines advisable for a specified period. Specifies different effective dates of the provisions of this Act for particular vaccines. Requires the Secretary to revise the vaccine information included with thimerosal-containing vaccines to include: (1) a statement that indicates the presence of thimerosal in the vaccine; (2) information on the availability of any thimerosal-free or thimerosal-reduced alternative vaccine and instructions on how to obtain such an alternative vaccine; and (3) a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. Expresses the sense of Congress that the CDC should disseminate, with any vaccine-related information, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act.''. SEC. 2. FINDINGS, PURPOSE. (a) Findings.--Congress finds that-- (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year more than 9,000 children ages 4 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 45 children ages 4 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is 225 million dollars per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only one million new cribs sold. As many as 2 out of 4 infants are placed in secondhand, hand-me- down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs . (9) Prohibiting the contracting to sell, resell, lease, sublease of unsafe cribs which are not new, or otherwise place in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purposes.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal to manufacture, sell, or contract to sell any crib which is unsafe for any infant using the crib and to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any crib which is not new and which is unsafe for any infant using the crib. SEC. 3. DEFINITIONS. As used in this title: (1) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (2) Crib.--The term ``crib'' means a bed designed to provide a sleeping accommodation for an infant. (3) Full-size crib.--The term ``full-size crib'' means a full-size crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations and regarding the requirements for full-size cribs. (4) Non full-size crib.--The term ``non-full size crib'' means a non-full size crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations and American Society for Testing Materials Voluntary Standards F. 1822 regarding the requirements for non full-size cribs. (5) Commercial user.--The term ``commercial user'' means any person-- (A) who manufactures, sells, or contracts to sell full-size or non full-size cribs; or (B) who deals in full-size or non full-size cribs which are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to the full-size or non full-size cribs, including child care facilities and family child care homes, or any person who is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size or non full-size cribs which are not new. SEC. 4. PROHIBITIONS. (a) In General.--It shall be unlawful for any commercial user-- (1) to manufacture, sell, or contract to sell, on or after the effective date of this Act, any full-size or non full-size crib which is unsafe for any infant using the crib; or (2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size or non full-size crib which is not new and which is unsafe for any infant using the crib. (b) Lodgings.--It shall be unlawful for any hotel, motel and similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size or non full-size crib which is unsafe for any infant using the crib. SEC. 5. CRIB STANDARDS. A crib shall be presumed to be unsafe under this Act if it does not conform to all of the following: (1) Part 1508 (commencing with section 1508.1) of title 16 of the Code of Federal Regulations; (2) Part 1509 (commencing with section 1509.1) of title 16 of the Code of Federal Regulations; (3) Part 1303 (commencing with section 1303.1) of title 16 of the Code of Federal Regulations; (4) American Society for Testing Materials Voluntary Standards F966; (5) American Society for Testing Materials Voluntary Standards F1169; (6) American Society for Testing Materials Voluntary Standards F1822; and (7) Any regulations that are adopted in order to amend or supplement the regulations described in paragraphs (1) through (6) of this section. SEC. 6. EXCEPTIONS. A crib that is not intended for use by an infant, including a toy or display item, shall be exempt from this Act if the crib is accompanied at the time of manufacturing, contract to sell or resell, leasing, subletting, or otherwise placed in the stream of commerce by a notice to be furnished by the commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant. SEC. 7. ENFORCEMENT. (a) Fine.--Any commercial user, hotel, motel, or similar transient lodging facility who knowingly violates section 4 is punishable by a fine not exceeding $1,000. (b) Injunction.--Any person may maintain an action in a district court of the United States against any commercial user, hotel, motel, or similar transient lodging facility who violates section 4 to enjoin the manufacture, sale, contract to sell, contract to resell, lease, subletting, or otherwise place in the stream of commerce any full-size or non full-size crib which is unsafe for any infant using the crib, and for reasonable attorneys fees and costs. SEC. 8. REMEDIES. Fines or other remedies available under this Act are in addition to any other fines, penalties, remedies, or procedures under any other provision of law. SEC. 9. EFFECTIVE DATE. This Act shall become effective 90 days from the date of its enactment. | Authorizes a fine and injunction against violators of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) The Federal Government is required by the Constitution to protect every State from invasion, which includes terrorist attack. (2) The Federal Government relies on State and local personnel to protect against terrorist attack. (3) The Federal Government collects, creates, manages, and protects sensitive information to enhance national security. (4) Some homeland security information is needed by the State and local personnel to prevent and prepare for terrorist attack. (5) The needs of State and local personnel to have access to relevant homeland security information to combat terrorism must be reconciled with the need to preserve the protected status of such information and to protect the sources and methods used to acquire such information. (6) Granting security clearances to certain State and local personnel is one way to facilitate the sharing of information regarding specific terrorist threats among Federal, State, and local levels of government. (7) Methods exist to declassify, redact, or otherwise adapt classified information so it may be shared with State and local personnel without the need for granting additional security clearances. (8) State and local personnel have capabilities and opportunities to gather information on suspicious activities and terrorist threats not possessed by the Federal intelligence agencies. (9) The intelligence community and State and local governments and agencies in other jurisdictions may benefit from such information. (10) Federal, State, and local governments and intelligence, law enforcement, and other emergency preparation and response agencies must act in partnership to maximize the benefits of information gathering and analysis to prevent and respond to terrorist attacks. (11) Information systems, including the National Law Enforcement Telecommunications System and the Terrorist Threat Warning System, have been established for rapid sharing of sensitive and unclassified information among Federal, State, and local entities. (12) Increased efforts to share homeland security information should avoid duplicating existing information systems. (b) Sense of Congress.--It is the sense of Congress that Federal, State, and local entities should share homeland security information to the maximum extent practicable. SEC. 3. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES. (a) Presidential Procedures for Determining Extent of Sharing of Homeland Security Information.-- (1) The President shall prescribe procedures under which Federal agencies determine-- (A) whether, how, and to what extent homeland security information may be shared with appropriate State and local personnel, and with which such personnel may it be shared; and (B) to the extent such information is in classified form, whether, how, and to what extent to declassify (or remove classified information from, as appropriate) such information, and with which such personnel may it be shared after such declassification (or removal). (2) The President shall ensure that such procedures apply to each element of the intelligence community and that the requisite technology is available. (3) Such procedures shall not change the substantive requirements for the classification and treatment of classified information. (4) Such procedures shall not change the requirements and authorities to protect sources and methods. (b) Procedures for Sharing of Homeland Security Information.-- (1) Under procedures prescribed jointly by the Director of Central Intelligence and the Attorney General, each element of the intelligence community shall, through information sharing systems, share homeland security information with appropriate State and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such information. (2) Each information sharing system through which information is shared under paragraph (1) shall-- (A) have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ; (B) have the capability to restrict delivery of information to specified subgroups by geographic location, type of organization, position of a recipient within an organization, and a recipient's need to know such information; (C) be configured to allow the efficient and effective sharing of information; and (D) be accessible to appropriate State and local personnel. (3) The procedures prescribed under paragraph (1) shall ensure, to the greatest extent practicable, that the information sharing system through which information is shared under such paragraph include existing information sharing systems, including, but not limited to, the National Law Enforcement Telecommunications System, the Regional Information Sharing System, and the Terrorist Threat Warning System of the Federal Bureau of Investigation. (4) Each element of the Federal intelligence and law enforcement communities, as well as the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and other congressional committees as appropriate, shall have access to each information sharing system through which information is shared under paragraph (1), and shall therefore have access to all information, as appropriate, shared under such paragraph. (5) The procedures prescribed under paragraph (1) shall ensure that appropriate State and local personnel are authorized to use such information sharing systems-- (A) to access information shared with such personnel; and (B) to share, with others who have access to such information sharing systems, the homeland security information of their own jurisdictions, which shall be marked appropriately as pertaining to potential terrorist activity. (6) Under procedures prescribed jointly by the Director of Central Intelligence and the Attorney General, each element of the intelligence community shall review and assess the information shared under paragraph (5) and integrate such information with existing intelligence. (c) Sharing of Classified Information With State and Local Personnel.-- (1) The President shall prescribe procedures under which Federal agencies may, to the extent the President considers necessary, share with appropriate State and local personnel homeland security information that remains classified or otherwise protected after the determinations prescribed under the procedures set forth in subsection (a). (2) Such procedures may provide for sharing to be carried out through one or more of the following means: (A) Carrying out security clearance investigations with respect to appropriate State and local personnel. (B) Entering into nondisclosure agreements with appropriate State and local personnel. (C) Increasing the use of information-sharing partnerships that include appropriate State and local personnel, such as the Joint Terrorism Task Forces of the Federal Bureau of Investigation, the Anti-Terrorism Task Forces of the Department of Justice, and regional Terrorism Early Warning Groups. (d) Responsible Officials.--For each element of the intelligence community, the head of such element shall designate an official of such element to administer this Act with respect to such element. (e) Definitions.--As used in this section: (1) The term ``homeland security information'' means any information that is necessary to assist the Federal Government, State and local law enforcement officials, other appropriate State and local officials, or other appropriate people or organizations to prevent, prepare for, or respond to terrorist attacks against the United States. (2) The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (3) The term ``State and local personnel'' means any of the following persons involved in prevention, preparation, or response for terrorist attack: (A) State Governors, mayors, and other locally elected officials. (B) State and local law enforcement personnel and firefighters. (C) Public health and medical professionals. (D) Regional, State, and local emergency management agency personnel, including State adjutant generals. (E) Other appropriate emergency response agency personnel. (F) Employees of private-sector entities that affect critical infrastructure, cyber, or economic security. (4) The term ``State'' includes the District of Columbia and any commonwealth, territory, or possession of the United States. SEC. 4. REPORT. (a) Report Required.--Not later than 6 months after the date of the enactment of this Act, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of this Act. The report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of this Act, to increase the effectiveness of sharing of information among Federal, State, and local entities. (b) Specified Congressional Committees.--The congressional committees referred to in subsection (a) are the following committees: (1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. (2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. | Homeland Security Information Sharing Act - Directs the President to: (1) prescribe procedures for Federal agencies for sharing homeland security information with State and local personnel and for declassifying such information; and (2) ensure that such procedures apply to each element of the intelligence community and that the requisite technology is available.Requires each intelligence community element, under procedures prescribed by the Director of Central Intelligence and the Attorney General, to share homeland security information, with credibility assessments, with State and local personnel. Directs that: (1) such procedures include existing information sharing systems; and (2) each element of the Federal intelligence and law enforcement communities, as well as specified congressional committees, have access to each information sharing system and the information within it.Directs the President to prescribe procedures under which Federal agencies may share classified homeland security information with appropriate State and local personnel, including through security clearance investigations, non-disclosure agreements, and increased use of information-sharing partnerships. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Michigan Lighthouse and Maritime Heritage Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Surrounded by the Great Lakes, the State of Michigan gives the Midwest region a unique maritime character. (2) The access of the Great Lakes to the Atlantic Ocean has-- (A) given the shipping industry in the State an international role in trade; and (B) contributed to industrial and natural resource development in the State. (3) The State offers unequaled opportunities for maritime heritage preservation and interpretation, based on the fact that the State has-- (A) more deepwater shoreline than any other State in the continental United States; (B) more lighthouses than any other State; and (C) the only freshwater national marine sanctuary in the United States. (4) The maritime history of the State includes the history of-- (A) the routes and gathering places of the fur traders and missionaries who opened North America to European settlement; and (B) the summer communities of people who mined copper, hunted and fished, and created the first agricultural settlements in the State. (5) In the 19th century, the natural resources and maritime access of the State made the State the leading producer of iron, copper, and lumber in the United States. (6) The maritime heritage of Michigan is evident in-- (A) the more than 120 lighthouses in the State; (B) the lifesaving stations, dry docks, lightships, submarine, ore docks, piers, breakwaters, sailing clubs, and communities and industries that were built on the lakes in the State; (C) the hotels and resort communities in the State; (D) the more than 12 maritime-related national landmarks in the State; (E) the 2 national lakeshores in the State; (F) the 2 units of the National Park System in the State; (G) the various State parks and sites listed on the National Register of Historic Places in the State; (H) the database information in the State on-- (i) 1,500 shipwrecks; (ii) 11 underwater preserves; and (iii) the freshwater national marine sanctuary; and (I) the Great Lakes, which have played an important role-- (i) for Native Americans, fur traders, missionaries, settlers, and travelers; (ii) in the distribution of wheat, iron, copper, and lumber; (iii) providing recreational opportunities; and (iv) stories of shipwrecks and rescues. (7) The work and investment of businesses, coastal communities, private non-profit organizations, universities, and State agencies has advanced the awareness, research, public interpretation, education, stewardship, and preservation of Michigan's maritime heritage. SEC. 3. DEFINITIONS. In this Act: (1) Maritime heritage resource.--The term ``maritime heritage resource'' includes lighthouses, lifesaving and coast guard stations, maritime museums, historic ships and boats, marine sanctuaries and preserves, fisheries and hatcheries, locks and ports, ore docks, piers and breakwaters, marinas, resort communities (such as Bay View and Epworth Heights), cruises, performing artists that specialize in maritime culture, interpretive and educational programs and events, museums with significant maritime collections, maritime art galleries, maritime communities, and maritime festivals. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Park Service Midwest Regional Office. (3) State.--The term ``State'' means the State of Michigan. (4) Study area.--The term ``study area'' means the State of Michigan. SEC. 4. STUDY. (a) In General.--The Secretary, in cooperation with the State, the State historic preservation officer, local historical societies, State and local economic development, tourism, and parks and recreation offices, and other appropriate agencies and organizations, shall conduct a special resource study of the study area to determine-- (1) the potential economic and tourism benefits of preserving State maritime heritage resources; (2) suitable and feasible options for long-term protection of significant State maritime heritage resources; and (3) the manner in which the public can best learn about and experience State maritime heritage resources. (b) Requirements.--In conducting the study under subsection (a), the Secretary shall-- (1) review Federal, State, and local maritime resource inventories and studies to establish the context, breadth, and potential for interpretation and preservation of State maritime heritage resources; (2) examine the potential economic and tourism impacts of protecting State maritime heritage resources; (3) recommend management alternatives that would be most effective for long-term resource protection and providing for public enjoyment of State maritime heritage resources; (4) address how to assist regional, State, and local partners in efforts to increase public awareness of and access to the State maritime heritage resources; (5) identify sources of financial and technical assistance available to communities for the conservation and interpretation of State maritime heritage resources; and (6) address ways in which to link appropriate national parks, State parks, waterways, monuments, parkways, communities, national and State historic sites, and regional or local heritage areas and sites into a Michigan Maritime Heritage Destination Network. (c) Report.--Not later than 18 months after the date on which funds are made available to carry out the study under subsection (a), the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the results of the study; and (2) any findings and recommendations of the Secretary. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $500,000. | Michigan Lighthouse and Maritime Heritage Act - Directs the Secretary of the Interior, acting through the National Park Service Midwest Regional Office, to study and report on: (1) potential economic and tourism benefits of preserving Michigan maritime heritage resources; (2) suitable and feasible options for long-term protection of these resources; and (3) the manner in which the public can best learn about and experience these resources. Directs the Secretary, in conducting the study, to take specified actions, including: (1) reviewing Federal, State, and local maritime resource inventories and studies; (2) identifying sources of financial and technical assistance to communities for the conservation and interpretation of State maritime heritage resources; and (3) addressing ways of linking national, State, and regional and local areas and sites into a Michigan Maritime Heritage Destination Network. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Weapons of Mass Destruction Prohibition Improvement Act of 2003''. SEC. 2. WEAPONS OF MASS DESTRUCTION. (a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of title 18, United States Code, is amended by-- (1) amending paragraph (a)(2) to read as follows: ``(2) against any person or property within the United States, and ``(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; ``(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce; ``(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or ``(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;''; (2) in paragraph (a)(3), deleting the comma at the end and inserting ``; or''; (3) in subsection (a), adding the following at the end: ``(4) against any property within the United States that is owned, leased, or used by a foreign government,''; (4) in paragraph (c)(1), deleting ``and'' at the end; (5) in paragraph (c)(2), deleting the period at the end and inserting ``; and''; and (6) in subsection (c), inserting the following at the end: ``(3) the term `property' includes all real and personal property.''. (b) Restoration of the Coverage of Chemical Weapons.--Section 2332a of title 18, United States Code, as amended by subsection (a), is further amended by-- (1) in the caption, deleting ``certain''; (2) in subsection (a), deleting ``(other than a chemical weapon as that term is defined in section 229F); and (3) in subsection (b), deleting ``(other than a chemical weapon (as that term is defined in section 229F))''. (c) Expansion of Categories of Restricted Persons Subject to Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title 18, United States Code, is amended-- (1) in subparagraph (G) by-- (A) inserting ``(i)'' after ``(G)''; (B) inserting ``, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph'' after ``terrorism''; and (C) striking ``or'' after the semicolon. (2) in subparagraph (H) by striking the period and inserting ``; or''; and (3) by adding the following new subparagraph to the end thereof: ``(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).''. (d) Conforming Amendment to Regulations.-- (1) Section 175b(a)(1) of title 18, United States Code, is amended by striking ``as a select agent in Appendix A'' and all that follows and inserting the following: ``as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.''. (2) The amendment made by paragraph (1) shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective. SEC. 3. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES. (a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) is amended by striking ``in the production of any special nuclear material'' and inserting ``or participate in the development or production of any special nuclear material or atomic weapon''. (b) Title 18, United States Code, is amended-- (1) in the chapter analysis for chapter 39, by inserting after the item relating to section 831 the following: ``832. Participation in nuclear threats to the United States.''; (2) by inserting after section 831 the following: ``Sec. 832. Participation in nuclear and weapons of mass destruction threats to the United States ``(a) Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years. ``(b) There is extraterritorial Federal jurisdiction over an offense under this section. ``(c) As used in this section-- ``(1) `nuclear weapons program' means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons; ``(2) `weapons of mass destruction program' means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in section 2332a(c)); ``(3) `foreign terrorist power' means a terrorist organization designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and ``(4) `nuclear weapon' means any weapon that contains or uses nuclear material as defined in section 831(f)(1).''; and (3) in section 2332b(g)(5)(B)(i), by inserting after ``nuclear materials),'' the following: ``832 (relating to participation in nuclear and weapons of mass destruction threats to the United States)''. | Weapons of Mass Destruction Prohibition Improvement Act of 2003 - Amends the Federal criminal code to expand the jurisdictional bases and scope of the prohibition against the use of, and threat, attempt, or conspiracy to use, weapons of mass destruction (WMD) to cover such actions against property within the United States under specified circumstances, including property owned, leased, or used by a foreign government. Restores the coverage of chemical weapons under the prohibition. Expands the categories of restricted persons subject to prohibitions relating to select agents to cover persons acting for or on behalf of, or operating subject to the direction or control of: (1) a government or official of a country that Secretary of State has determined has repeatedly provided support for acts of international terrorism; or (2) a terrorist organization. Amends the Atomic Energy Act of 1954 to prohibit participation in the development or production of any special nuclear material or atomic weapon except as authorized by that Act. Prohibits anyone within the United States or subject to U.S. jurisdiction from willfully participating in or providing material support or resources to a nuclear weapons program or other WMD program of a foreign terrorist power (or attempting or conspiring to do so). Establishes extraterritorial Federal jurisdiction over such offense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Multilateral Debt Relief Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1996, the international community created the Heavily Indebted Poor Countries Initiative (the HIPC Initiative) to reduce the debt burden that curtailed spending on economic development and poverty-reducing programs in many impoverished countries. (2) Since adoption of the original HIPC Initiative in 1996 and the Enhanced HIPC Initiative in 1999, donor countries have committed more than $50,000,000,000 in bilateral and multilateral debt stock cancellation to eligible countries. (3) The 27 countries that have received debt relief through the HIPC Initiative are estimated by World Bank and the International Monetary Fund to have increased poverty reduction expenditures by an average of approximately 75 percent between 1999 and 2004. (4) Congress has demonstrated its support for bilateral and multilateral debt relief through the enactment of comprehensive debt relief initiatives for heavily indebted poor countries by title V of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of the Act entitled ``An Act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes'', approved November 29, 1999 (Public Law 106-113; 113 Stat. 1501-311) and the amendments made by such title, title II of H.R. 5526 of the 106th Congress, as enacted into law by section 101(a) of the Act entitled ``An Act making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2001, and for other purposes'', approved November 6, 2000 (Public Law 106-429; 114 Stat. 1900A-5), and title V of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat. 747) and the amendment made by such title. (5) A number of countries, including the United States, have canceled 100 percent of the bilateral loans made by such countries to countries that are eligible for debt relief under the Enhanced HIPC Initiative, and other major donor nations have canceled a large percentage of such loans, however, a number of countries eligible for such debt relief will continue to owe substantial debts to international financial institutions such as the International Monetary Fund, the International Development Association, and the African Development Fund. (6) Permanently canceling 100 percent of the debt owed by the countries that are eligible for debt relief under the Enhanced HIPC Initiative to multilateral institutions would allow countries to increase investments in economic and social infrastructure, including improving the quality of and access to health care, education, and poverty reduction programs, and thereby help them to move towards sustainable economic growth and to achieve the Millennium Development Goals set out in United Nations Millennium Declaration, resolution 55/1 adopted by the General Assembly of the United Nations on September 8, 2000, for eradicating extreme poverty and hunger and promoting human development. (7) On June 11, 2005, finance ministers representing the members of the Group of 8 agreed to make a proposal, prior to September 2005, to the shareholders of the World Bank, the International Monetary Fund, and the African Development Bank, for the immediate cancellation of 100 percent of the debt stock owed to such institutions by 18 eligible countries, and the eventual cancellation of such debt owed by an additional 20 countries. (8) That proposal would cancel approximately $40,000,000,000 in debt stock owed by 18 countries immediately, and would ultimately result in the cancellation of a total of approximately $56,000,000,000 in debt stock owed by 38 countries, saving such countries, on average, $1,500,000,000 each year in debt service payments. To offset foregone interest and principal repayments, donors would provide additional resources to the World Bank and African Development Bank for grants and lending to the poorest countries for investments in the health, education, and well-being of the people of such countries. SEC. 3. DEFINITIONS. In this Act: (1) Eligible country.--The term ``eligible country'' means a country whose government is described in paragraphs (1) through (5) of section 557(c) of H.R. 3422 of the 106th Congress, as enacted into law by section 1000(a)(2) of the Act entitled ``An Act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes'', approved November 29, 1999 (Public Law 106-113; 113 Stat. 1501A-101). (2) Enhanced hipc initiative.--The term ``Enhanced HIPC Initiative'' has the meaning given that term in section 1625 of the International Financial Institutions Act (22 U.S.C. 262p- 8). (3) HIPC initiative.--The term ``HIPC Initiative'' means the initiative established in 1996 by the World Bank and the International Monetary Fund for the purpose of reducing the debt burdens of the world's poorest countries. (4) International financial institution.--The term ``international financial institution'' means the World Bank, the International Monetary Fund, the Inter-American Development Bank, the African Development Bank, and the African Development Fund. (5) Members of the group of 8.--The term ``members of the Group of 8'' means Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, and the United States. (6) World bank.--The term ``World Bank'' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency. SEC. 4. AUTHORITY. (a) In General.--The Secretary of the Treasury is authorized to instruct the Untied States Executive Director of each international financial institution to use the voice and vote of the United States to reach an agreement among the shareholders of such international financial institutions to permanently cancel 100 percent of the debts owed to each such institution by an eligible country. (b) Relationship to Other Laws.--The authority provided in subsection (a) is in addition to any other authority of the Secretary of the Treasury to promote debt relief and may not be construed to limit any such other authority. (c) Authorization of Appropriations.--There is authorized to be appropriated to the President such sums as may be necessary for the United States contribution to the implementation of the agreement referred to in subsection (a), if other members of the international financial institutions contribute funds for such purpose. SEC. 5. SENSE OF CONGRESS ON DEBT RELIEF. It is the sense of Congress that the Secretary of the Treasury should pursue additional bilateral and multilateral debt relief for each country that is eligible for grant assistance from the International Development Association. SEC. 6. CONTRIBUTIONS TO MULTILATERAL DEVELOPMENT BANKS. (a) World Bank.--The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end the following new section: ``SEC. 23. FOURTEENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Association is authorized to contribute on behalf of the United States such sums as may be necessary to the fourteenth replenishment of the resources of the Association. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury.''. (b) African Development Bank Fund.--The African Development Fund Act (22 U.S.C. 290g et seq.) is amended by adding at the end the following new section: ``SEC. 218. TENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund is authorized to contribute on behalf of the United States such sums as may be necessary to the tenth replenishment of the resources of the Fund. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS OF THE ENHANCED HIPC INITIATIVE. There is authorized to be appropriated to the President such sums as may be necessary for the President to contribute on behalf of the United States to fulfill the commitments made by the United States related to the Enhanced HIPC Initiative. SEC. 8. REPORTS TO CONGRESS. (a) Requirement.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the status of negotiations to achieve bilateral and multilateral debt relief for impoverished, highly indebted countries that did not benefit from the HIPC Initiative or the Enhanced HIPC Initiative. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. | Multilateral Debt Relief Act of 2005 - Authorizes: (1) the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution (the World Bank, the International Monetary Fund, the Inter-American Development Bank, the African Development Bank, and the African Development Fund) to reach an agreement among the shareholders to permanently cancel 100 percent of the debts owed to each such institution by an eligible country (as defined by this Act); and (2) appropriations for the U.S. contribution to such agreement if other members of the international financial institutions contribute funds for such purpose. Expresses the sense of Congress that the Secretary should pursue additional bilateral and multilateral debt relief for each country eligible for International Development Association grants. Amends the International Development Association Act to authorize, and authorize appropriations for, the U.S. Governor of the Association to contribute necessary sums to the fourteenth replenishment of the Association. Amends the African Development Fund Act to authorize, and authorize appropriations for, The U.S. Governor of the Fund to contribute necessary sums to the tenth replenishment of the Fund. Authorizes appropriations to fulfill U.S. commitments to the Enhanced HIPC Initiative (as defined by this Act). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Act Amendments of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Traumatic brain injury is among the nation's most significant public health concerns. It is the leading cause of death and disability in young Americans. (2) 1,500,000 traumatic brain injuries occur each year. 1,000,000 of those injuries are serious enough to require treatment in hospital emergency departments. An estimated 5,300,000 Americans live with a disability as a result of brain injury. The annual cost to society is estimated conservatively at $38,700,000,000. (3) Traumatic brain injury often results in significant impairment of an individual's physical, cognitive, and psychosocial functioning requiring access to an array of health care, education, social services and long-term supports from acute care to rehabilitation to community re-entry and participation. (b) Purposes.--In is the purpose of this Act to-- (1) require the Secretary of Health and Human Services, working in cooperation with other Federal agencies, to study and monitor the incidence and prevalence of traumatic brain injury and conduct national education activities to increase awareness of the causes and consequences of traumatic brain injury; (2) require the Secretary of Health and Human Services to cause to be identified best practices in diagnosis, emergent care, special education, and rehabilitation with the ultimate goal of independent functioning within the community; (3) require the Secretary of Health and Human Services to encourage States to build capacity and enhance community based service delivery systems to provide adequate, appropriate, and accessible services to individuals with traumatic brain injury and their families; and (4) require the Secretary of Health and Human Services to conduct basic and applied research regarding traumatic brain injury, including diagnosis, treatment, and rehabilitation. SEC. 3. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Section 393A(b) of the Public Health Service Act (42 U.S.C. 280b- 1b(b)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(3) the implementation of a national education and awareness campaign in conjunction with Healthy People 2010, including-- ``(A) national dissemination and distribution of incidence and prevalence findings; ``(B) national dissemination of information relating to traumatic brain injury and the sequelae of secondary conditions arising from traumatic brain injury upon discharge from hospitals and trauma centers; and ``(C) the provision of information in primary care settings, including emergency rooms and trauma centers, concerning the availability of State level services and resources.''. SEC. 4. STUDY AND MONITOR INCIDENCE AND PREVALENCE. Section 4 of Public Law 104-166 (42 U.S.C. 300d-61 note) is amended-- (1) in subsection (a)(1)(A)-- (A) by striking clause (i) and inserting the following: ``(i) determine-- ``(I) the incidence and prevalence of traumatic brain injury in all age groups in the general population of the United States, including institutional setting; and ``(II) appropriate methodological strategies to obtain data on the incidence and prevalence of mild traumatic brain injury and report to Congress on such strategies within 18 months of the date of enactment of the Traumatic Brain Injury Act Amendments of 2000; and''; and (B) in clause (ii), by striking ``, if the Secretary determines that such a system is appropriate''; (2) in subsection (a)(1)(B)(i), by inserting ``, including return to work or school and optimal community participation,'' after ``functioning''; and (3) in subsection (d), to read as follows: ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2001 through 2005.''. SEC. 5. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH. (a) Interagency Program.--Section 1261(d)(4) of the Public Health Service Act (42 U.S.C. 300d-61(d)(4)) is amended-- (1) in subparagraph (A), by striking ``degree of injury'' and inserting ``degree of brain injury''; (2) in subparagraph (B), by striking ``acute injury'' and inserting ``acute brain injury''; and (3) in subparagraph (D), by striking ``injury treatment'' and inserting ``brain injury treatment''. (b) Research on Cognitive Disorders Arising From Traumatic Brain Injury.--Section 1261(d)(4) of the Public Health Service Act (42 U.S.C. 300d-61(d)(4)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) carrying out subparagraphs (A) through (D) with respect to cognitive disorders and the neurobehavioral consequences arising from traumatic brain injury, including the development, modification, and evaluation of therapies and programs of rehabilitation toward restoring normal capabilities to read, comprehend, speak, reason, and deduce.''. (c) Authorization of Appropriations.--Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended by adding at the end the following: ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2001 through 2005.''. SEC. 6. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in the section heading by striking ``demonstration''; (2) in subsection (a), by striking ``demonstration''; (3) in subsection (b)(3)-- (A) in subparagraph (A)(iv), by striking ``representing traumatic brain injury survivors'' and inserting ``representing individuals with traumatic brain injury''; and (B) in subparagraph (B), by striking ``who are survivors of'' and inserting ``with''; (4) in subsection (c)-- (A) in paragraph (1), by striking ``in cash'' and inserting ``in cash (or with respect to the second and each subsequent year for which matching funds are required, in-kind)''; and (B) by adding at the end the following: ``(3) Effective date.--The requirements of this subsection shall apply with respect to a State for grant years beginning after the first year in which the State receives a grant under this section.''; (5) by redesignating subsections (e) through (h) as subsections (g) through (j), respectively; (6) by inserting after subsection (d), the following: ``(e) Continuation of Previously Awarded Demonstration Projects.--A State that received a grant under this section prior to the date of enactment of the Traumatic Brain Injury Act Amendments of 2000 may compete for new project grants under this section after such date of enactment. ``(f) Use of State Grants.-- ``(1) Community services and supports.--A State shall use amounts received under a grant under this section to, directly or through grants or contracts with nonprofit entities-- ``(A) develop, change, or enhance community based service delivery systems that include timely access to an array of comprehensive services and supports that promote full community participation by individuals with brain injury and their families; ``(B) reflect local consumer or family driven values; ``(C) address the needs of individuals of all ages; ``(D) provide outreach and services to underserved and inappropriately served individuals, such as individuals in institutional settings, individuals with low socioeconomic resources, individuals in rural communities, and individuals in culturally and linguistically diverse communities; ``(E) provide grants to nonprofit entities for consumer or family service access training, consumer support, peer mentoring, and parent to parent programs; ``(F) provide individual and family service coordination or case management systems; and ``(G) support other needs identified by a State plan that is supported by its advisory council and that reflects local consumer or family driven values. ``(2) Best practices.-- ``(A) In general.--State services and supports provided under a grant under this section shall reflect the best practices in the field of traumatic brain injury, and shall be supported by quality assurance measures as well as the appropriate standard of health care and integrated community supports. ``(B) Demonstration by state agency.--The State agency responsible for administering amounts receive under a grant under this section shall demonstrate or obtain expertise and knowledge of traumatic brain injury and the unique needs associated with traumatic brain injury. ``(3) State capacity building.--A State may use amounts received under a grant under this section to leverage State resources to-- ``(A) educate consumers and families; ``(B) train professionals in public and private sector financing (such as third party payers, State agencies, community-based providers, schools, and educators); ``(C) develop or improve case management or service coordination systems; ``(D) develop best practices in areas such as family or consumer support, return to work, housing or supportive living, personal assistance services, assistive technology, substance abuse, behavioral health services, and traumatic brain injury treatment and rehabilitation; ``(E) tailor existing State systems to provide accommodation to the needs of individuals with brain injury (including systems administered by the State departments responsible for health, mental health, labor, education, mental retardation or developmental disabilities, transportation, housing, and correctional systems); and ``(F) improve data sets coordinated across systems and other needs identified by a State plan supported by its advisory council.''; (7) in subsection (g) (as so redesignated), by striking ``agencies of the Public Health Service'' and inserting ``Federal agencies''; (8) in subsection (j) (as so redesignated), to read as follows: ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated-- ``(1) $7,000,000 for fiscal year 2001; ``(2) $9,000,000 for fiscal year 2002; ``(3) $7,500,000 for fiscal year 2003; ``(4) $6,500,000 for fiscal year 2004; and ``(5) $6,000,000 for fiscal year 2005.''; and (9) by adding at the end the following: ``(k) State.--In this section, the term `State' includes territories of the United States.''. | Requires certain programs of the National Institutes of Health to include research on brain injury, its treatment, and nuerobehavioral consequences of such injury. Authorizes the Secretary to make grants to States to carry out projects (currently, demonstration projects) to improve access to health and other services regarding traumatic brain injury. Allows such grant funds to be used: (1) for community services and support for those with such injuries and their families; and (2) to build a State's capacity to address and treat such injuries. Requires such services and support to reflect best practices in the field of traumatic brain injury and to be supported by quality assurance measures. |
SECTION 1. SHORT TITLE AND DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Military Land Reform and Reassessment Act of 1993''. (b) Definitions.--As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``FLPMA'' means the Federal Land Policy and Management Act of 1976, (43 U.S.C. 1701 et seq.). (3) The term ``Engle Act'' means the Act entitled ``An Act to provide that withdrawals, reservations, or restrictions of more than five thousand acres of public lands of the United States shall not become effective until approved by Act of Congress, and for other purposes,'' approved February 28, 1958 (43 U.S.C. 155 et seq.). (4) The term ``1956 Act'' means the Act of July 26, 1956 (16 U.S.C. 505a, 505b). SEC. 2. STATE MILITARY USES. (a) State Agencies.--Section 302(b) of FLPMA (43 U.S.C. 1732(b)) is amended by inserting ``or the military department (or its equivalent) of any State'' after ``Federal departments and agencies''. (b) National Guard Use of Public Lands.--Section 302 of FLPMA (43 U.S.C. 1732), as amended, is further amended by adding at the end the following new subsection: ``(e) State Military Uses.--(1) After consultation with the Governor of a State, the Secretary may agree to permit use of public lands within such State by the military department (or its equivalent) of one or more States for purposes of military training, equipment testing, or other authorized military activities, in accordance with the provisions of this subsection. ``(2)(A) For activities the Secretary finds are not likely to result in a significant degree of residual contamination of affected lands (through use of explosive projectiles or otherwise), the Secretary may issue a general authorization for the military department (or its equivalent) of one or more States to use public lands where such use would not be inconsistent with the land-use plans prepared pursuant to section 202 of this Act. Any such general authorization shall be for no more than 3 years but may thereafter be renewed for additional periods of no more than 3 years each. The provisions of paragraph (4) of this subsection shall apply to use of public lands pursuant to an authorization issued under this paragraph, and the Secretary may wholly or partially revoke any such authorization at any time if the Secretary finds that there has been a failure to comply with its terms and conditions or that activities pursuant to such an authorization have had or may have a significant adverse impact on the resources or values of the affected lands. ``(B) An authorization pursuant to this paragraph shall not authorize the construction of permanent structures or facilities on the public lands. ``(C) Each specific use of a particular area of public lands pursuant to a general authorization under this paragraph shall be subject to specific authorization by the Secretary and to appropriate terms and conditions, including such as are described in paragraph (4) of this subsection. ``(3) The Secretary may permit the military department (or its equivalent) of one or more States to use public lands for military activities the Secretary finds would result in a significant degree of residual contamination of such lands, subject to the provisions of paragraph (4) of this subsection, but only to the extent that-- ``(A) use of specific portions of such lands for such purposes was either authorized as of July 1, 1989, or had been permitted to occur on or after January 1, 1986, in which case such uses on such portions may take place, subject to paragraph (4) of this subsection; or ``(B) use of public or other lands previously withdrawn or otherwise dedicated to military uses is found by the Secretary (after consultation with the Secretary of Defense) to not be practicable, and therefore additional public lands other than those portions described in subparagraph (A) are withdrawn for military purposes, pursuant to section 204 of this Act (with respect to areas of no more than 5,000 acres) or pursuant to an Act of Congress (with respect to areas exceeding 5,000 acres, except that in time of war or national emergency declared by the Congress or the President pursuant to applicable law, withdrawals of areas exceeding 5,000 acres for military purposes may be made pursuant to section 204 of this Act). ``(4) The Secretary may waive rental charges for the use of public land (however such use may be authorized) by a State military department (or its equivalent) for military training, equipment testing, and other authorized military activities permitted under this subsection. Each such use shall be subject to a requirement that the using department, or departments, be responsible for such timely cleanup and decontamination of the lands used, and to such other terms and conditions (including but not limited to restrictions on use of off-road or all-terrain vehicles), as the Secretary, after considering national defense needs, may require to-- ``(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values, including fish and wildlife habitat, of the public lands involved; and ``(B) minimize the period and method of such use and the interference with or restrictions on other uses of the public lands involved. ``(5) Each State military department (or its equivalent) using public lands withdrawn for military purposes shall take appropriate precautions to prevent and suppress range and brush fires caused by or resulting from use of such lands for such purposes, and shall promptly reimburse the United States for any assistance provided by the Secretary in the prevention or suppression of such fires. ``(6) For purposes of this subsection, the term `State' means one of the several States, the District of Columbia, or one of the Commonwealths or territories of the United States. ``(7)(A) Public lands covered by an authorization issued pursuant to paragraph (2) of this subsection may be used by personnel of the military department (or its equivalent) of a State during periods when some or all of such personnel are on active duty in the service of the United States. ``(B) During periods of use of public lands by personnel of a State military department or equivalent, the Secretary may also permit such lands to be used by members of one or more United States Armed Forces on active service, under the same terms and conditions applicable to use of such lands by the personnel of such State military department or its equivalent. ``(8) Except as otherwise provided by applicable law, any authorization by the Secretary for the military department (or its equivalent) of any State or States to use public lands that is in effect on the date of enactment of this subsection shall remain in effect until its scheduled expiration, or for one year after the date of enactment of this subsection, whichever is later. ``(9) The Secretary shall not authorize any use of public lands by the military department (or its equivalent) of any State if such use would preclude or unduly restrict use of such lands by the Secretary of Defense or the Secretary of a department within the Department of Defense.''. (c) Report.--No later than one year after the date of enactment of this subsection, the Secretary concerned shall transmit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report indicating the extent to which the Department of Defense (or military department therein) and the military departments (or their equivalents) of the several States (including the District of Columbia and the Commonwealths and territories of the United States) have been authorized since January 1, 1987, to utilize public lands as defined in section 103 of FLPMA (other than lands withdrawn for military purposes) or National Forest lands for training or other purposes and concerning the terms and conditions under which such lands may be used by such agencies. (d) Reimbursement.--To the extent funds are made available through appropriation, the Secretary of Defense may reimburse a State military department (or its equivalent) for costs to such department resulting from any requirement of this section (including amendments made to the Act by this section) and incident to any use of lands by a National Guard of a State or by United States Armed Forces for purposes authorized by title 10 or title 32, United States Code, or by any other provision of Federal law. SEC. 3. 1956 ACT REFORM. (a) Interchange Authority.--The first section of the 1956 Act is amended as follows: (1) By inserting ``except lands within a conservation system unit or other area designated or established for conservation or protection by proclamation, Executive order, or Act of Congress'' after ``National Forest System lands''. (2) By inserting ``law, including, but not limited to, the National Environmental Policy Act of 1969, Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, and'' after ``subject to any applicable provisions of''. (3) By striking ``whenever they shall determine that such interchange will facilitate land management and will provide maximum use thereof for authorized purposes''. (4) By inserting ``with respect to interchanges involving lands within the same State, or one-hundred-eighty days with respect to other interchanges'' after ``forty-five days''. (b) Determination by Secretary.--The 1956 Act is further amended by adding at the end the following new section: ``Sec. 3. (a) The Secretary of Agriculture shall take into account information provided by the Secretary of Defense concerning the value for military purposes of lands proposed for transfer to the jurisdiction of the Department of Defense, but shall exercise the authority provided by this Act only if the Secretary of Agriculture determines that an interchange will improve the protection and management of the natural, cultural, or other resources and values of the National Forest System. ``(b) For purposes of this Act, the term `conservation system unit' means a unit of the National Wilderness Preservation System, National Wild and Scenic Rivers System, or National Trails System, a national monument, a national recreation area, a national scenic area, or a national management emphasis area.''. SEC. 4. AIRSPACE. The first section of the Engle Act is amended as follows: (1) By inserting ``(a)'' after ``That''. (2) By adding at the end the following new subsections: ``(b) Airspace.--(1) Except as provided in paragraph (2) of this subsection and notwithstanding any other provision of law or any rule, regulation, or order issued pursuant thereto, no zone or area in the airspace over either nonmilitary public lands or lands managed by the Secretary of Agriculture shall be established for use by the Department of Defense for defense purposes or to restrict or prohibit the flight of civil aircraft. ``(2)(A) No zone or area described in paragraph (1) shall be established until the officer or agency responsible for such an establishment has solicited, received, and considered the views of the Secretary of the Interior (to the extent the airspace involved is over nonmilitary public lands) or the Secretary of Agriculture (to the extent the airspace involved is over lands managed by such Secretary), or both such Secretaries, with regard to the possible effects of the proposed use of such airspace for defense purposes on the resources and values of the affected lands and the uses of such lands, has made such views available for review by the public, and has then afforded the Governors of affected States, affected Indian tribes, and other members of the public an opportunity to comment on the proposed establishment of such zone or area. ``(B) No zone or area described in paragraph (1) over a total of more than 5,000 acres of nonmilitary public lands or lands managed by the Secretary of Agriculture (or of both such categories of land) shall be established until 180 days after the officer or agency responsible for such an establishment has submitted to the Congress a description of the proposed zone or area and the views of the Secretary of the Interior or the Secretary of Agriculture (or both such Secretaries), the Governor of any affected State, any affected Indian tribes, and the public provided to such officer or agency pursuant to subparagraph (A) of this paragraph. ``(3) For purposes of this subsection, the following terms have the following meanings-- ``(A) the term `nonmilitary public land' means land managed by the Secretary of the Interior (including but not limited to lands managed by the Bureau of Land Management and the National Park Service) or held by such Secretary in trust for any Indian tribe and that has not been withdrawn pursuant to this Act or otherwise reserved for military use by the Department of Defense or the military department (or its equivalent) of any State. ``(B) The term `defense purposes' shall not include emergency search and rescue or firefighting activities carried out by military personnel or through use of military aircraft. ``(c) Monitoring.--The Secretary of the Interior and the Secretary of Agriculture shall monitor the effects of military aircraft overflights on the resources and values of nonmilitary public lands and of lands managed by the Secretary of Agriculture, and on visitor enjoyment and other nonmilitary uses of such lands, and shall actively seek the assistance of the Secretary of Defense and other appropriate officers and agencies of the United States to resolve concerns related to such overflights and, to the extent consistent with national security needs to prevent, eliminate, or minimize the derogation of the resources and values of such lands of visitor enjoyment and other nonmilitary uses of such lands associated with military activities, including overflights.''. SEC. 5. INVENTORIES AND REPORTS. (a) Existing Withdrawals.--(1) At the time of submission, pursuant to section 114a of title 10, United States Code, of the first future- years defense plan submitted after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to the Congress an inventory of all public lands withdrawn for military purposes, including both lands withdrawn under the Engle Act and also lands otherwise withdrawn. The Secretary of Defense shall indicate the purposes for which such lands were withdrawn, the uses being made of such lands, and the justification for continuing the withdrawal of such lands from some or all of the public land laws, including the mining, mineral leasing, and geothermal leasing laws of the United States. (2) To the extent that the Secretary of the Interior has available information concerning the natural, cultural, environmental, scenic, recreational, scientific, and other resources and values of the lands withdrawn for military purposes. (b) Proposed Withdrawals.--(1)(A) To the extent feasible, each future-years defense plan required by section 114a of title 10, United States Code, shall include an identification of public lands whose withdrawal under the Engle Act is expected to be requested by the Secretary of Defense or a Secretary of a department within the Department of Defense during the years covered by such plan, together with an explanation of the proposed use for each such withdrawal expected to be requested. (B) Nothing in this section shall be construed as precluding the submission to the Secretary of the Interior or to Congress of a request for withdrawal of public lands not identified in future-years defense plan. (2) At the time the President submits a budget request for the first fiscal year beginning after the date of enactment of this Act, and annually thereafter, the Secretary of the Interior shall submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate information concerning all proposals for withdrawal of public lands under the Engle Act being considered by the Department of the Interior and shall indicate which such proposals have been submitted to the Congress and which such proposals the Secretary of the Interior expects will be submitted to the Congress during the succeeding calendar year. The Secretary of the Interior shall also identify those prior withdrawals under the Engle Act which will expire during the succeeding calendar year. SEC. 6. TERMINATION OF MILITARY USES. (a) Reverter.--Upon the termination of a withdrawal of public lands under the Engle Act, or at such time as other lands previously managed by the Secretary or the Secretary of Agriculture are no longer used for military purposes, such lands shall revert to the jurisdiction and management of the Secretary or the Secretary of Agriculture, as the case may be, unless the Secretary or the Secretary of Agriculture determines that some or all of such land is contaminated to an extent that renders it inappropriate for such management. (b) Contamination.--If the Secretary or the Secretary of Agriculture determines that land described in subsection (a) is contaminated to an extent that renders such land inappropriate for management by the Secretary or the Secretary of Agriculture, the Secretary of Defense shall decontaminate such lands so as to make them appropriate for such management. SEC. 7. ORCHARD TRAINING AREA. Nothing in this Act, or in any amendment to another Act made by this Act, shall be construed as imposing any restriction on use for military purposes of lands military use of which was on July 23, 1991, authorized pursuant to the Memorandum of Understanding #ID-237, dated May 1985, between the State of Idaho Military Division and the Bureau of Land Management, or on the military use of the airspace above such lands. HR 2080 IH----2 | Military Land Reform and Reassessment Act of 1993 - Amends the Federal Land Policy and Management Act of 1976 to authorize the Secretary of the Interior to permit: (1) the military department of any State (currently, limited to Federal departments and agencies) to use, occupy, and develop public lands, subject to specified requirements; and (2) the use of public lands within the State by the military department of one or more States for military training, equipment testing, or other authorized military activities. Authorizes the Secretary to: (1) issue a general authorization for the military department of one or more States to use public lands for activities the Secretary finds are not likely to result in a significant degree of residual contamination of affected lands; (2) permit such use for activities that would result in a significant degree of residual contamination under specified circumstances; and (3) waive rental charges for the use of public land by a State military department for military training, equipment testing, and other authorized military activities. Sets forth provisions regarding: (1) reporting requirements; and (2) reimbursement by the Secretary of Defense of a State military department for costs to such department incident to the use of lands by a State National Guard or by U.S. armed forces for specified purposes. Revises provisions with respect to authority over the interchange of lands. Sets forth provisions regarding the monitoring of, effect of, and restrictions on military aircraft overflights over nonmilitary public lands and lands managed by the Secretary of Agriculture. Directs the Secretaries of the Interior and Defense to submit to the Congress an inventory of all public lands withdrawn for military purposes. Requires each future-years defense plan to include an identification of public lands whose withdrawal under the Engle Act is expected to be requested during the years covered by such plan. Sets forth provisions regarding: (1) the termination of military uses of withdrawn public lands; and (2) restrictions on use for military purposes of lands in the Orchard training area, Idaho. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Choice Act of 1993''. SEC. 2. CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The 1973 Supreme Court decision in Roe v. Wade established constitutionally based limits on the power of States to restrict the right of a woman to choose to terminate a pregnancy. Under the strict scrutiny standard enunciated in Roe v. Wade, States were required to demonstrate that laws restricting the right of a woman to choose to terminate a pregnancy were the least restrictive means available to achieve a compelling State interest. Since 1989, the Supreme Court has no longer applied the strict scrutiny standard in reviewing challenges to the constitutionality of State laws restricting such rights. (2) As a result of the Supreme Court's recent modification of the strict scrutiny standard enunciated in Roe v. Wade, certain States have restricted the right of women to choose to terminate a pregnancy or to utilize some forms of contraception, and these restrictions operate cumulatively to-- (A)(i) increase the number of illegal or medically less safe abortions, often resulting in physical impairment, loss of reproductive capacity or death to the women involved; (ii) burden interstate commerce by forcing women to travel from States in which legal barriers render contraception or abortion unavailable or unsafe to other States or foreign nations; (iii) interfere with freedom of travel between and among the various States; (iv) burden the medical and economic resources of States that continue to provide women with access to safe and legal abortion; and (v) interfere with the ability of medical professionals to provide health services; (B) obstruct access to and use of contraceptive and other medical techniques that are part of interstate and international commerce; (C) discriminate between women who are able to afford interstate and international travel and women who are not, a disproportionate number of whom belong to racial or ethnic minorities; and (D) infringe upon women's ability to exercise full enjoyment of rights secured to them by Federal and State law, both statutory and constitutional. (3) Although Congress may not by legislation create constitutional rights, it may, where authorized by its enumerated powers and not prohibited by a constitutional provision, enact legislation to create and secure statutory rights in areas of legitimate national concern. (4) Congress has the affirmative power both under section 8 of article I of the Constitution of the United States and under section 5 of the Fourteenth Amendment of the Constitution to enact legislation to prohibit State interference with interstate commerce, liberty or equal protection of the laws. (b) Purpose.--It is the purpose of this Act to establish, as a statutory matter, limitations upon the power of States to restrict the freedom of a woman to terminate a pregnancy in order to achieve the same limitations as provided, as a constitutional matter, under the strict scrutiny standard of review enunciated in Roe v. Wade and applied in subsequent cases from 1973 to 1988. SEC. 3. FREEDOM TO CHOOSE. (a) In General.--A State-- (1) may not restrict the freedom of a woman to choose whether or not to terminate a pregnancy before fetal viability; (2) may restrict the freedom of a woman to choose whether or not to terminate a pregnancy after fetal viability unless such a termination is necessary to preserve the life or health of the woman; and (3) may impose requirements on the performance of abortion procedures if such requirements are medically necessary to protect the health of women undergoing such procedures. (b) Rules of Construction.--Nothing in this Act shall be construed to-- (1) prevent a State from protecting unwilling individuals or private health care institutions from having to participate in the performance of abortions to which they are conscientiously opposed; (2) prevent a State from declining to pay for the performance of abortions; or (3) prevent a State from requiring a minor to involve a parent, guardian, or other responsible adult before terminating a pregnancy. SEC. 4. DEFINITION OF STATE. As used in this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States. | Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy before fetal viability. Allows a State to: (1) restrict the freedom of a woman to chose to terminate a pregnancy after viability unless the termination is necessary to protect the life or health of the woman; and (2) impose requirements on abortions if the requirements are necessary to protect the life or health of the woman. Declares that nothing in this Act shall be construed to prevent a State from: (1) protecting individuals or private health care institutions from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Better Choice in Dialysis Act of 2006''. SEC. 2. MEDICARE PILOT PROJECT FOR PAYMENT FOR MORE FREQUENT HEMODIALYSIS TREATMENT. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a 5-year pilot project to measure the impact of increasing the payment amount otherwise provided under section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)), based upon the provision of hemodialysis treatment more frequently than 3 times per week. (b) Increased Payment Amount.-- (1) In general.--Under the pilot project, subject to paragraph (2), the increase in payment amount shall be, in the case of hemodialysis treatment provided-- (A) for a 4th session in a week, 70 percent of the full composite rate; (B) for a 5th session in a week, 40 percent of the full composite rate; (C) for a 6th session in a week, 30 percent of the full composite rate; (D) for a 7th session in a week, 20 percent of the full composite rate; and (E) for any subsequent session in a week, no additional payment amount. (2) Funding limitation.--The pilot program shall be structured in a manner so that the total additional amounts paid under the program for hemodialysis treatment during-- (A) its first year of operation does not exceed $15,000,000; (B) its second year of operation does not exceed $30,000,000; (C) its third year of operation does not exceed $50,000,000; (D) its fourth year of operation does not exceed $75,000,000; and (E) its fifth year of operation does not exceed $90,000,000. No expenditures shall be made for hemodialysis treatment under the pilot program after its fifth year of operation. (3) Funding from smi trust fund.--Funds from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) shall be available, in advance of appropriations, to meet obligations arising from the pilot program under this section. (c) Data Collection and Analysis.-- (1) Data collection.--The Secretary shall provide for the collection of data to measure the clinical and financial impact of higher frequency hemodialysis treatments, including its impact on-- (A) health status and on the utilization of, and expenditures for, other health care services, including for separately-billable drugs, such as erythropoietin (also known as Epogen), iron, and hospitalizations; and (B) patients' working status, resulting in-- (i) a reduction in Social Security Disability Insurance payments; (ii) increased Federal and State income and employment tax payments; and (iii) a reduction in Medicare payments due to increased coverage under employer group health plans. (2) Reports to congress.--The Secretary shall periodically submit to Congress reports on the pilot program under this section. The Secretary shall submit a final report to Congress and to the Medicare Payment Advisory Commission no later than 6 months after the completion of the program. Such final report shall include findings regarding the clinical and financial impact of more frequent hemodialysis treatment. (3) Medpac analysis.--The Medicare Payment Advisory Commission shall evaluate the Secretary's findings in the final report under paragraph (2) and shall submit to Congress, no later than 6 months after the date of the Commission's receipt of such final report, and shall include in the report its analysis of the desirability of expanded medicare payment for more frequent hemodialysis treatment. (d) Definitions.--In this section: (1) Full composite rate.--The term ``full composite rate'' means the rate determined under section 1881(b)(7) of the Social Security Act (42 U.S.C. 1395rr(b)(7)). (2) Hemodialysis treatment.--The term ``hemodialysis treatment'' includes equivalent therapy requiring blood access, but does not include treatment administered on an emergency or acute basis. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. | Access to Better Choice in Dialysis Act of 2006 - Directs the Secretary of Health and Human Services to implement a five-year pilot project to measure the impact of increasing the payment amount otherwise provided under title XVIII (Medicare) of the Social Security Act, based upon the provision of hemodialysis treatment more frequently than three times per week. |
SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end the following new subsections: ``(g) Former Districts.-- ``(1) In general.--Where the school district of any local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect (at any time such agency files an application under section 8005) for any fiscal year after fiscal year 1994 to have (A) the eligibility of such local educational agency, and (B) the amount which such agency shall be eligible to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school districts as such agency shall designate in such election. ``(2) Eligible local educational agencies.--A local educational agency referred to in paragraph (1) is any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for and was determined eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect for such fiscal year. ``(h) Hold-Harmless Amounts.-- ``(1) In general.--Except as provided in paragraph (2)(A), the total amount that the Secretary shall pay under subsection (b) to a local educational agency that is otherwise eligible for a payment under this section-- ``(A) for fiscal year 1995 shall not be less than 85 percent of the amount such agency received for fiscal year 1994 under section 2 of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect on September 30, 1994; or ``(B) for fiscal year 1996 shall not be less than 85 percent of the amount such agency received for fiscal year 1995 under subsection (b). ``(2) Ratable reductions.--(A)(i) If necessary in order to make payments to local educational agencies in accordance with paragraph (1) for any fiscal year, the Secretary first shall ratably reduce payments under subsection (b) for such year to local educational agencies that do not receive a payment under this subsection for such year. ``(ii) If additional funds become available for making payments under subsection (b) for such year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced. ``(B)(i) If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) after the application of subparagraph (A) for such year, then the Secretary shall ratably reduce payments under paragraph (1) to all such agencies for such year. ``(ii) If additional funds become available for making payments under paragraph (1) for such fiscal year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced.''. SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS. (a) Payments.--Notwithstanding any other provision of law-- (1) the Bonesteel-Fairfax School District Number 26-5, South Dakota, and the Wagner Community School District Number 11-4, South Dakota, shall be eligible to apply for payment for fiscal year 1994 under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on September 30, 1994); and (2) the Secretary of Education shall use a subgroup of 10 or more generally comparable local educational agencies for the purpose of calculating a payment described in paragraph (1) for a local educational agency described in such paragraph. (b) Application.--In order to be eligible to receive a payment described in subsection (a), a school district described in such subsection shall apply for such payment within 30 days after the date of enactment of this Act. (c) Construction.--Nothing in this section shall be construed to require a local educational agency that received a payment under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on September 30, 1994) for fiscal year 1994 to return such payment or a portion of such payment to the Federal Government. SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN RESIDING ON MILITARY INSTALLATION HOUSING UNDERGOING RENOVATION. (a) In General.--Section 8003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is amended by adding at the end the following new paragraph: ``(4) Military installation housing undergoing renovation.--For purposes of computing the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider such children to be children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of Defense, that such children would have resided in housing on Federal property in accordance with paragraph (1)(B) except that such housing was undergoing renovation on the date for which the Secretary determines the number of children under paragraph (1).''. (b) Effective Date.--Paragraph (4) of section 8003(a) of the Elementary and Secondary Education Act of 1965, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1995. SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN IN STATES WITH ONLY ONE LOCAL EDUCATIONAL AGENCY. (a) In General.--Section 8003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is amended by adding at the end the following new paragraph: ``(3) States with only one local educational agency.-- ``(A) In general.--In any of the 50 States of the United States in which there is only one local educational agency, the Secretary shall, for purposes of paragraphs (1)(B), (1)(C), and (2) of this subsection, and subsection (e), consider each administrative school district in the State to be a separate local educational agency. ``(B) Computation of maximum amount of basic support payment and threshold payment.--In computing the maximum payment amount under paragraph (1)(C) and the learning opportunity threshold payment under paragraph (2)(B) for an administrative school district described in subparagraph (A)-- ``(i) the Secretary shall first determine the maximum payment amount and the total current expenditures for the State as a whole; and ``(ii) the Secretary shall then-- ``(I) proportionately allocate such maximum payment amount among the administrative school districts on the basis of the respective weighted student units of such districts; and ``(II) proportionately allocate such total current expenditures among the administrative school districts on the basis of the respective number of students in average daily attendance at such districts.''. (b) Effective Date.--Paragraph (3) of section 8003(b) of the Elementary and Secondary Education Act of 1965, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1994. SEC. 5. DATA AND DETERMINATION OF AVAILABLE FUNDS. (a) Data.--Paragraph (4) of section 8003(f) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(f)) is amended-- (1) in the heading, by striking ``Current year''; (2) by amending subparagraph (A) to read as follows: ``(A) shall use student, revenue, and tax data from the second fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this subsection;''; and (3) in subparagraph (B), by striking ``such year'' and inserting ``the fiscal year for which the local educational agency is applying for assistance under this subsection''. (b) Determination of Available Funds.--Paragraph (3) of section 8003(f) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(f)) is amended-- (1) in the matter preceding subclause (I) of subparagraph (A)(iii), by inserting ``, except as provided in subparagraph (C),'' after ``but''; and (2) by adding at the end the following new subparagraph: ``(C) Determination of available funds.--When determining the amount of funds available to the local educational agency for current expenditures for purposes of subparagraph (A)(iii) for a fiscal year, the Secretary shall include, with respect to the local educational agency's opening cash balance for such fiscal year, the portion of such balance that is the greater of-- ``(i) the amount that exceeds the maximum amount of funds for current expenditures that the local educational agency was allowed by State law to carry over from the prior fiscal year, if State restrictions on such amounts were applied uniformly to all local educational agencies in the State; or ``(ii) the amount that exceeds 30 percent of the local educational agency's operating costs for the prior fiscal year.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to fiscal years after fiscal year 1996. SEC. 6. PAYMENTS RELATING TO FEDERAL PROPERTY. Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) (as amended by section 1) is further amended by adding at the end thereof the following new subsection: ``(i) Priority Payments.--Notwithstanding subsection (b)(1)(B), and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996, the Secretary shall first use such excess amount to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) for any local educational agency that-- ``(1) received a payment under this section for fiscal year 1996; ``(2) serves a school district that contains all or a portion of a United States military academy; ``(3) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and ``(4) demonstrates to the satisfaction of the Secretary that such agency's per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.''. SEC. 7. TREATMENT OF IMPACT AID PAYMENTS. (a) In General.--The Secretary of Education shall treat any State as having met the requirements of section 5(d)(2)(A) of the Act of September 30, 1950 (Public Law 874, 81st Congress) for fiscal year 1991 (as such section was in effect for such fiscal year), and as not having met those requirements for each of the fiscal years 1992, 1993, and 1994 (as such section was in effect for fiscal year 1992, 1993, and 1994, respectively), if-- (1) the State's program of State aid was not certified by the Secretary under section 5(d)(2)(C)(i) of the Act of September 30, 1950 (Public Law 874, 81st Congress) for any fiscal year prior to fiscal year 1991; (2) the State submitted timely notice under that section of the State's intention to seek that certification for fiscal year 1991; (3) the Secretary determined that the State did not meet the requirements of section 5(d)(2)(A) of such Act for fiscal year 1991; and (4) the State made a payment to each local educational agency in the State (other than a local educational agency that received a payment under section 3(d)(2)(B) of such Act for fiscal year 1991) in an amount equal to the difference between the amount such agency received under such Act for fiscal year 1991 and the amount such agency would have received under such Act for fiscal year 1991 if payments under such Act had not been taken into consideration in awarding State aid to such agencies for fiscal year 1991. (b) Repayment Not Required.--Notwithstanding any other provision of law, any local educational agency in a State that meets the requirements of paragraphs (1) through (4) of subsection (a) and that received funds under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) for fiscal year 1991 (as such section was in effect for such fiscal year) shall not, by virtue of subsection (a), be required to repay those funds to the Secretary of Education. SEC. 8. SPECIAL RULE RELATING TO AVAILABILITY OF FUNDS FOR THE LOCAL EDUCATIONAL AGENCY SERVING THE NORTH HANOVER TOWNSHIP PUBLIC SCHOOLS, NEW JERSEY, UNDER PUBLIC LAW 874, 81ST CONGRESS. The Secretary of Education shall not consider any funds that the Secretary of Education determines the local educational agency serving the North Hanover Township Public Schools, New Jersey, has designated for a future liability under an early retirement incentive program as funds available to such local educational agency for purposes of determining the eligibility of such local educational agency for a payment for fiscal year 1994, or the amount of any such payment, under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress), as such section was in effect for such fiscal year. SEC. 9. CORRECTED LOCAL CONTRIBUTION RATE. (a) Computation.--The Secretary of Education shall compute a payment for a local educational agency under the Act of September 30, 1950 (Public Law 874, 81st Congress) for each of the fiscal years 1991 through 1994 (as such Act was in effect for each of those fiscal years, as the case may be) using a corrected local contribution rate based on generally comparable school districts, if-- (1) an incorrect local contribution rate was submitted to the Secretary of Education by the State in which such agency is located, and the incorrect local contribution rate was verified as correct by the Secretary of Education; and (2) the corrected local contribution rate is subject to review by the Secretary of Education. (b) Payment.--Using funds appropriated under the Act of September 30, 1950 (Public Law 874, 81st Congress) for fiscal years 1991 through 1994 that remain available for obligation (if any), the Secretary of Education shall make payments based on the computations described in subsection (a) to the local educational agency for such fiscal years. SEC. 10. STATE EQUALIZATION PLANS. Subparagraph (A) of section 8009(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7709(b)(2)) is amended by striking ``more than'' and all that follows through the period and inserting ``more than 25 percent.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to impact aid programs. (Sec. 1) Adds a hold harmless provision relating to Federal acquisition of real property, whereby no eligible local educational agency (LEA) shall receive less than 85 percent of the preceding year's amount in payment for any fiscal year. (Sec. 2) Makes two specified school districts in South Dakota eligible to apply for certain increased payments. (Sec. 3) Provides that children who would have resided in military installation housing on Federal property, if such property were not undergoing renovation on the date of eligibility determination, shall be considered eligible federally connected children for purposes of impact aid payments to LEAs. (Sec. 4) Sets forth requirements for the method of computation of impact aid payments with respect to eligible federally connected children in States with only one LEA. (Sec. 5) Revises certain provisions relating to data and determination of available funds of LEAs. (Sec. 6) Provides for priority payments relating to Federal property. Directs the Secretary of Education to first use certain excess amounts to make increased payments for any LEA that: (1) received a specified payment FY 1996; (2) serves a school district that contains all or a portion of a U.S. military academy; (3) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and (4) demonstrates to the satisfaction of the Secretary that such agency's per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year. (Sec. 7) Sets forth requirements relating to the Secretary's treatment of certain impact aid payments. Prohibits the Secretary from requiring repayment of such payments in certain cases. (Sec. 8) Sets forth a special rule relating to availability of funds for a certain LEA in New Jersey, under specified Federal law relating to impact aid. (Sec. 9) Directs the Secretary to compute certain impact aid payments to LEAs on the basis of a corrected local contribution rate, under specified conditions. (Sec. 10) Amends ESEA with respect to State equalization plans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Savings Security Act of 2011''. SEC. 2. PARTICIPANT LOAN DEATH AND DISABILITY PROTECTION. (a) Qualified Participant Loan Protection Arrangement.--Section 414 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new subsection: ``(y) Qualified Participant Loan Protection Arrangement.-- ``(1) In general.--For purposes of this title, the term `qualified participant loan protection arrangement' means an arrangement under which a participant or beneficiary who receives (directly or indirectly) any amount as a loan from an eligible retirement plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) has the option to obtain protection against death and disability in the manner described in paragraph (2). ``(2) Manner of providing protection.--For purposes of paragraph (1)-- ``(A) Manner of protection.--Protection against death and disability described in this paragraph is protection provided through-- ``(i) a group insurance policy issued to the plan for the sole purpose of providing participant and beneficiary loan death and disability insurance, or ``(ii) a debt protection product in which debt protection is provided through appropriate commercial contractual liability insurance. ``(B) Cost of debt protection.--For purposes of subparagraph (A)(ii), a product shall not be treated as a debt protection product unless the cost of such product is allocated to the accounts of participants or beneficiaries with outstanding loans. ``(C) Reimbursement requirement.--An arrangement shall not be treated as providing protection against death and disability for purposes of paragraph (1) unless under such arrangement-- ``(i) the plan, upon death or disability of the participant or beneficiary, is required to cancel any outstanding loan balance, and ``(ii) such protection provides for payment to the plan of-- ``(I) an amount equal to the outstanding loan balance of the participant or beneficiary, and ``(II) the amount taken into account under section 402(m)(1)(B). ``(D) Election to opt out of coverage.--Protection against death and disability under a qualified participant loan protection arrangement shall apply unless a participant or beneficiary elects in writing to receive a loan without protection against participant death or disability. Any such election shall be irrevocable. ``(3) Rate of interest.--A loan described in paragraph (1) shall not be treated as failing to bear a reasonable rate of interest for purposes of any requirement of law solely because the rate of interest under the loan is reduced by the cost of the death and disability protection provided pursuant to this subsection, and such protection may be taken into account in determining whether a loan bears a reasonable rate of interest. ``(4) Definitions.--For purpose of this subsection-- ``(A) Debt protection product.--The term `debt protection product' means a loan term or contractual arrangement modifying loan terms under which a plan agrees to-- ``(i) cancel all or part of a participant's or beneficiary's obligation to repay an extension of credit from that plan upon the occurrence of a specified event; and ``(ii) in the event of a participant's or beneficiary's death or disability, credit to the account of such participant or beneficiary of an additional amount equal to the amount taken into account under section 402(m)(1)(B). Such loan term or contractual arrangement may be separate from or a part of other loan documents. ``(B) Disability.--The term `disability' means an impairment described in section 72(m)(7) that causes a participant to be disabled within the meaning of section 72(m)(7). ``(5) Special rule.--A debt protection product used in connection with a qualified participant loan protection arrangement shall not be treated as a swap (as defined by section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a(47))) or as a security-based swap (as defined by section 3(a)(68) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68))).''. (b) Deemed Distribution in Event of Death or Disability.--Paragraph (2) of section 72(p) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualified participant loan protection arrangement.--In the event of the death or disability of a participant or beneficiary, the amount of any outstanding loan to the participant or beneficiary that is cancelled pursuant to a group insurance policy or debt protection product that was made available under a qualified participant loan protection arrangement described in section 414(y) shall be-- ``(i) paid to the plan and credited to the interest in the plan of the participant or beneficiary, ``(ii) deemed distributed to such participant or beneficiary (or his or her specified beneficiaries) on the date of such payment, and ``(iii) treated as an amount described in paragraph (1)(A) on the date of such payment and not as an amount described in section 61(a)(12).''. (c) Exception to Income Inclusion Rules Relating to Purchase of Life Insurance Protection.--Subparagraph (B) of section 72(m)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subparagraph shall not apply to any amount that is a repayment of a loan to a participant or beneficiary by a plan described in subparagraph (A)(i) or a trust described in subparagraph (A)(ii), if that repayment is applied to the purchase of participant and beneficiary loan death and disability protection pursuant to a qualified participant loan protection arrangement described in section 414(y).''. (d) Exclusion From Gross Income for Certain Distributions Pursuant to Cancelled Loan.--Section 402 of the Internal Revenue Code of 1986 (relating to the taxability of beneficiary of employees' trust) is amended by inserting at the end the following new subsection: ``(m) Certain Distributions Pursuant to Cancelled Loan.-- ``(1) In general.--In the case of an employee to whom paragraph (2) applies (or the beneficiary of such employee), gross income of such employee (or such beneficiary) does not include any distribution from the eligible retirement plan described in paragraph (2)(A) to the extent that-- ``(A) such distribution is made on or before the day prescribed by law (including extensions of time) for filing such employee's or beneficiary's return for the taxable year in which such employee dies or becomes disabled, and ``(B) the aggregate amount of such distributions does not exceed the excess of-- ``(i) the proceeds of the group insurance policy or debt protection product through which the protection described in paragraph (2)(B) is provided, over ``(ii) the amount of the deemed distribution described in paragraph (2)(D). For purposes of clause (i), not more than 135 percent of the amount described in clause (ii) shall be taken into account. ``(2) Application.--This paragraph shall apply to an employee who-- ``(A) receives a loan from an eligible retirement plan described in clause (iii), (iv) or (vi) of subsection (c)(8)(B), ``(B) obtains the protection described in section 414(y)(2) pursuant to a qualified participant and beneficiary death and disability protection arrangement described in section 414(y) with respect to such loan, ``(C) dies or becomes disabled, and ``(D) is deemed to receive a distribution pursuant to section 72(p)(2)(D) following such death or disability with respect to such loan. ``(3) Distribution.--A distribution described in paragraph (1) shall be treated as not violating the requirements of sections 401(k)(2), 403(b)(7)(A)(ii), and 403(b)(11). ``(4) Otherwise distributable amount.--A group insurance policy or debt protection product may provide that the amount that would otherwise be distributable pursuant to this subsection may be paid directly by the issuer of such group insurance policy or debt protection product to the employee. Any such amount shall be treated as paid to the eligible retirement plan and distributed to the employee pursuant to this subsection.''. (e) Effective Date.--The amendments made by this section shall be take effect with respect to loans made after the one year period beginning on the day after the date of enactment of this Act. (f) Application of Fiduciary Standards Under Employee Retirement Income Security Act of 1974 With Respect to A Qualified Participant Loan Protection Arrangement.--No person that, as a fiduciary of an eligible retirement plan described in clause (iii), (iv) or (vi) of section 402(c)(8)(B) of the Internal Revenue Code of 1986, whether or not such person has adopted a qualified participant loan protection arrangement (as defined section 414(y) of such Code (added by subsection (a) of this section)), shall be deemed to have violated section 404 or 406 of the Employee Retirement Income Security Act of 1974 in connection with adopting or not adopting such an arrangement. | Retirement Savings Security Act of 2011 - Amends the Internal Revenue Code to provide for a qualified participant loan protection arrangement to allow a participant or beneficiary who receives any amount as a loan from an eligible retirement plan (i.e., a qualified trust, an annuity plan, or an annuity contract) the option to obtain protection against death and disability through: (1) a group insurance policy issued to the plan for the sole purpose of providing participant and beneficiary loan death and disability insurance, or (2) a debt protection product in which debt protection is provided through appropriate commercial contractual liability insurance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Resource Study Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) water resources in the United States are among the most plentiful in the world; (2) for many years, the effective development and use of water resources in the United States has been the focus of a wide array of Federal policies and programs; (3) in recent years, unprecedented growth, multiple competing water uses, and growing public interest in environmental protection have combined to create an atmosphere of conflicting policy interests; (4) large-scale water conflicts continue to emerge between communities, States, and stakeholder interests in the southeastern region of the United States; and (5) Federal support is needed to assess the utility and effectiveness of current Federal policies and programs as they relate to resolving State and local water supply needs. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (2) State.--The term ``State'' means the State of Tennessee. SEC. 4. STUDIES ON EMERGING WATER SUPPLY NEEDS. (a) Designation.--The Secretary shall offer to provide assistance to the State to conduct the studies described in this section. (b) Studies.--As a condition of receiving assistance under this section, not later than 1 year after the date of enactment of this Act, in consultation with the Secretary, the State shall-- (1) select a geographic area within the State having consistent, emerging, water supply needs; and (2) conduct a study on the emerging water supply needs of the geographic area. (c) Administration.--A study conducted under this section shall-- (1) identify Federal and State resources, assistance programs, regulations, and sources of funding for water supply development and management that are applicable to the geographic areas selected under subsection (b)(1); (2) identify potential weaknesses, redundancies, and contradictions in those resources, assistance programs, regulations, policies, and sources of funding; (3) conduct a water resource inventory in the geographic study area to determine, with respect to the water supply needs of the area-- (A) projected demand; (B) existing supplies and infrastructure; (C) water resources that cannot be developed for water supplies due to regulatory or technical barriers, including-- (i) special aquatic sites (as defined in section 330.2 of title 33, Code of Federal Regulations (or a successor regulation)); and (ii) waters protected under any other Federal or State law; (D) water resources that can be developed for water supplies, such as sites that have few, if any, technical or regulatory barriers to development; (E) any water resources for which further research or investigation, such as testing of groundwater aquifers, is required to determine the potential for water supply development for the site; (F) a description of the social, political, institutional, and economic dynamics and characteristics of the geographic study area that may impact the resolution of water supply needs; (G) incentives for cooperation between water districts, local governments, and State governments, including methods that maximize private sector participation in the water supply development; and (H) new water resource development technologies that merit further analysis and testing. (d) Lead Agency.--For each study under this section, the Corps of Engineers-- (1) shall be the lead Federal agency; and (2) shall consult with the State for guidance in the development of the study. (e) Participants.-- (1) In general.--In consultation with the Secretary, the State shall select entities to participate in the study under this section. (2) Tennessee.-- (A) In general.--In addition to entities selected under paragraph (1), the United States Geological Survey and the Tennessee Valley Authority shall participate in the study in the State. (B) University of tennessee.--The University of Tennessee may elect to participate in the study in the State. (f) Funding.--The Federal share of each study under this section shall be 100 percent. (g) Report.--Not later than 180 days after the completion of a study under this section, the State completing the study shall submit a report describing the findings of the study to-- (1) the Committee on Resources of the House of Representatives; and (2) the Committee on Energy and Natural Resources of the Senate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2001. | Requires, as a condition of receiving such assistance, the State to: (1) select a geographic area within the State having consistent, emerging, water supply needs; and (2) conduct a study on such needs. Requires that such a study conducted under this Act: (1) identify Federal and State resources, assistance programs, regulations, and sources of funding for water supply development and management that are applicable to the geographic areas selected; (2) identify potential weaknesses, redundancies, and contradictions; and (3) conduct a water resource inventory in the geographic study area to determine specified considerations and conditions with respect to such area's water supply needs. Requires the Corps of Engineers, for each study, to: (1) be the lead Federal agency; and (2) consult with the State for guidance in the development of the study. Provides for: (1) selection by the State of entities to participate in the study; and (2) participation by the U.S. Geological Survey and the Tennessee Valley Authority in such study. Permits the University of Tennessee to elect to participate in such study. Provides for each study to be funded at full Federal expense. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wetlands Jurisdiction Act of 2004''. SEC. 2. STATEMENT OF PURPOSES. The purposes of this Act are to-- (1) clarify the jurisdiction of the Federal Government over waters of the United States in light of the decision of the Supreme Court in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001); (2) provide consistency throughout the Nation in determining the jurisdiction of the Federal Government over waters of the United States; and (3) consolidate in one Federal agency the authority of the Federal Government to implement the permitting program established under section 404 of the Federal Water Pollution Act (33 U.S.C. 1344). SEC. 3. FEDERAL JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) Issuance of Permits.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Jurisdiction.--Waters of the United States, including the territorial seas, shall be subject to the jurisdiction of the permitting program established by this section if the waters are-- ``(A) navigable; ``(B) hydrologically connected to navigable waters through a continuous, naturally occurring surface connection; or ``(C) wetlands adjacent to waters described in subparagraph (A) or (B). ``(3) Surface connection.-- ``(A) Included waters.--For purposes of paragraph (2)(B), waters shall be considered to be hydrologically connected to navigable waters by a continuous, naturally occurring surface connection if the waters are connected by perennial or intermittent streams that contribute flow to navigable waters, including perennial or intermittent streams that have been restored, relocated, or channelized on the surface or that flow through culverts. ``(B) Excluded waters.--For purposes of paragraph (2)(B), waters shall not be considered to be hydrologically connected to navigable waters by a continuous, naturally occurring surface connection if the waters are connected by-- ``(i) sheet flow (normal runoff of precipitation); ``(ii) ephemeral waters, ground water, manmade ditches, or pipelines; or ``(iii) a municipal separate storm sewer system or any other point source regulated under section 402, including a State program approved under section 402(b). Such connecting waters also shall not be subject to the jurisdiction of the permitting program established by this section. ``(4) Fastlands.--Fastlands shall not be subject to the jurisdiction of the permitting program established by this section. ``(5) Determination of jurisdiction.-- ``(A) Request for determination.--A person who holds an ownership interest in property, or who has written authorization from such person, may submit a request to the Secretary identifying the property and requesting the Secretary to determine the presence or absence of waters of the United States subject to the jurisdiction of the permitting program established by this section. The person making the request may limit the request to a determination of the presence or absence of any of the waters described in paragraph (2)(A), (2)(B), or (2)(C). ``(B) Requests for additional information.--Not later than 30 days after the date of receipt of a request under subparagraph (A), the Secretary may make one request for such additional information as may be necessary to make the jurisdictional determination. ``(C) Determination and notification by the secretary.--Not later than 90 days after the date of receipt of a request under subparagraph (A), or not later than 60 days after the date of receipt of additional information provided under subparagraph (B), whichever is later, the Secretary shall-- ``(i) make a jurisdictional determination for the waters described in the request; and ``(ii) provide written notification of the jurisdictional determination to the person submitting the request, together with written documentation of the determination and a written basis for the determination. ``(D) Authority to seek immediate judicial review.-- ``(i) In general.--Any person authorized under this paragraph to request a jurisdictional determination for property may-- ``(I) seek judicial review of any such jurisdictional determination, or injunctive relief in the case of a failure to make a determination, in the United States District Court for the district in which the property is located; or ``(II) may proceed under the administrative appeals process established under this section. ``(ii) Waters subject to review.--Judicial review, injunctive relief, or administrative appeal under clause (i) may be sought for any of the waters described in paragraph (2)(A), (2)(B), or (2)(C), as specified in the request made under this paragraph. ``(iii) Judicial review following administrative appeals.--Any person who elects to proceed under the administrative appeals process shall retain the right to seek in the United States District Court for the district in which the property is located judicial review of the final decision of the Secretary under the administrative appeals process.''. SEC. 4. SINGLE AGENCY IMPLEMENTATION. (a) In General.--Beginning on the date of enactment of this Act, all authorities of the Administrator of the Environmental Protection Agency under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) are transferred to the Secretary of the Army, acting through the Chief of Engineers. (b) Authorities Retained by EPA.--Notwithstanding subsection (a), the Administrator shall retain the authority to comment on permits issued under section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) and general permits issued under section 404(e) of such Act (33 U.S.C. 1344(e)). (c) Transfer of Funds.--All funds appropriated to the Administrator for carrying out the authorities transferred under this section shall be transferred to the Secretary. (d) Conforming Amendments.--Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended-- (1) in subsection (b) by striking ``the Administrator, in conjunction with''; (2) by striking subsection (c); and (3) in subsection (q) by adding at the end the following: ``No agreement entered into under this subsection shall authorize any of the signatory agencies to request a decision concerning a permit issued under this section to be elevated to any level above the District Engineer.''. SEC. 5. DEFINITIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following: ``(u) Definitions.--In this section, the following definitions apply: ``(1) Navigable.--The term `navigable' means a water that is presently used, or is susceptible to use, in its natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to its ordinary highwater mark, including all waters that are subject to the ebb and flow of the tide shoreward to their mean highwater mark. ``(2) Wetlands.--The term `wetlands' means those lands that have a predominance of hydric soils and that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. ``(3) Adjacent wetlands.--The term `adjacent wetlands' means wetlands that are physically touching (abutting or contiguous to) a water described in subsection (a)(2)(A) or (a)(2)(B). Wetlands separated by a riverbank from which river water overflows into the wetlands annually or biannually are adjacent wetlands for purposes of this section. ``(4) Culvert.--The term `culvert' means a pipe or structure that conveys perennial or intermittent streams from one side of a linear structure, such as a roadway, to the other side. ``(5) Fastlands.--The term `fastlands' means areas located behind legally constituted manmade structures, such as levees, constructed and maintained to permit the utilization of the areas for commercial, industrial, or residential purposes consistent with local land use planning requirements.''. | Federal Wetlands Jurisdiction Act of 2004 - Amends the Federal Water Pollution Control Act (FWPCA) to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material if such waters are: (1) navigable; (2) hydrologically connected to navigable waters through a continuous, naturally occurring surface connection; or (3) wetlands adjacent to such navigable or hydrologically connected waters. States that waters are considered hydrologically connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow; (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program for the discharge of dredged or fill material. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary of the Army determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process. Transfers to the Secretary of the Army, acting through the Chief of Engineers, the Environmental Protection Agency (EPA) Administrator's authority over permits for the discharge of dredged or fill material into navigable waters under the FWPCA. Allows the Administrator to retain authority to comment on such permits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Trades Second Responders Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Skilled construction workers are essential to effectively providing rescue and recovery following manmade and natural disasters, and are vital to the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations. (2) Construction craft workers bring essential skills in support of first responders, including demolition (such as welding, cutting, burning, and rigging), electrical and pipeline maintenance, hazardous waste cleanup, equipment operations, and traffic control. (3) Construction contractors and employers also provide essential equipment to disaster response efforts, such as welding machines, backhoes, cranes, dozers, skilled workers, and essential supplies for site-specific needs. (4) Historically, construction craft workers have provided support skills to first response operations after natural disasters, such as Hurricanes Katrina and Rita; terrorist attacks, such as Oklahoma City, the World Trade Center, and the Pentagon; and manmade disasters, such as the Minneapolis bridge collapse. However, there are no systems in place to mobilize this workforce or ensure the effective integration of construction craft workers with first responder operations. (5) The experience of earlier disasters reveals the need for a cohesive national, State, and local system of construction craft workers ready to serve their country and assist first responders in response to a disaster. The system should be designed to identify, train, certify, register, and integrate skilled craft workers into disaster preparedness and response activities, as well as provide training of construction craft workers in health and safety procedures to assist rescue, recovery, and cleanup activities. SEC. 3. SECOND RESPONDER PROGRAM IN THE NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following: ``SEC. 463C. SECOND RESPONDER TRAINING AND INTEGRATION PROGRAM. ``(a) In General.--The Director of the Institute shall establish, as part of the Worker Education and Training Program of the Institute, a national program for the training, certification, registration, tracking, and integration of skilled construction workers to assist first responders in responding to disasters, including natural and manmade disasters and terrorist attacks. ``(b) Content of Program.--As part of the national program established under subsection (a), the Director shall-- ``(1) develop a national plan for integrating construction activities into State and local disaster-response plans; ``(2) provide training for construction trainers and workers, foremen, supervisors, and other industry personnel on how to assist first responders and integrate their efforts with first responders during emergency response, rescue, recovery, and cleanup activities; ``(3) provide specialized safety, health, and skills training to construction workers on how to protect themselves, coworkers, and the public from safety and health hazards inherent in disaster response activities; ``(4)(A) establish community-based registries of certified skilled workers who are considered on call and who can be identified and mobilized when needed; and ``(B) pilot integration of such community-based registries into a national registry system; ``(5) establish a national, State, and local system to maintain the readiness of construction personnel and equipment through regular training, recertification, and exercises with first responders; and ``(6) develop agreements with construction industry contractors and joint labor-management organizations that have disaster response capabilities and with designated first response coordinating agencies for on-call responses in the event of a disaster. ``(c) Coordination.--In developing the national program under subsection (a), the Director shall coordinate and consult with the Department of Homeland Security, including the Federal Emergency Management Agency, other relevant agencies, and private organizations, including construction industry contractors, joint labor-management training funds, and building trade unions, that are experienced in providing rescue and recovery assistance to first responders, and in the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $35,000,000 for fiscal year 2008 and each subsequent fiscal year. Such authorization is in addition to any other authorization of appropriations that is available for such purpose.''. | Skilled Trades Second Responders Act of 2007 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to establish a national program for the training, certification, registration, tracking, and integration of skilled construction workers to assist first responders in responding to disasters, including natural and manmade disasters and terrorist attacks. Requires the Director to coordinate and consult with the Department of Homeland Security, including the Federal Emergency Management Agency (FEMA), other relevant agencies, and private organizations, including construction industry contractors, joint labor-management training funds, and building trade unions, that are experienced in providing rescue and recovery assistance to first responders and in the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations. |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``United States- Russian Federation Nuclear Cooperation Agreement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. TITLE I--APPROVAL OF UNITED STATES-RUSSIAN FEDERATION AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY Sec. 101. Approval of Agreement. TITLE II--LIMITATIONS ON NUCLEAR COOPERATION WITH THE RUSSIAN FEDERATION Sec. 201. Certification of actions by the Russian Federation on nonproliferation matters. Sec. 202. Certification of cooperation by the Russian Federation on Iran sanctions. Sec. 203. Certification of Russian liability protections for United States civil nuclear industries. TITLE III--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION Sec. 301. Authorization of extraordinary payments. TITLE IV--FUTURE AGREEMENTS FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY Sec. 401. Requirement for congressional approval of agreements for peaceful nuclear cooperation. Sec. 402. Initiatives and negotiations relating to agreements for peaceful nuclear cooperation. SEC. 2. DEFINITIONS. In this Act: (1) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given that term in section 1603(b) of title 28, United States Code. (2) Agreement.--The term ``United States-Russian Federation Agreement for Cooperation on Peaceful Uses of Nuclear Energy'' or ``Agreement'' means the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy that was transmitted to the Congress by the President on May 13, 2008. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (4) Extraordinary payments in connection with the international space station.--The term ``extraordinary payments in connection with the International Space Station'' has the meaning given that term in section 7(1) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note). (5) Goods, services, or technology.-- (A) In general.--Except as provided in subparagraph (B), the term ``goods, services, or technology'' means-- (i) goods, services, or technology listed on-- (I)(aa) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.8/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual- Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.7/ Part 2, and subsequent revisions); (bb) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (cc) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (dd) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (ee) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or (ii) goods, services, or technology not listed on any list identified in clause (i) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. (B) Exclusion.--The term ``goods, services, or technology'' does not include goods, services, or technology that are directly related to the operation of the Bushehr nuclear power reactor. (6) Government of the russian federation.-- (A) In general.--The term ``Government of the Russian Federation'' includes the government of any subdivision of the Russian Federation, and any agency or instrumentality of the Government of the Russian Federation. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of the Russian Federation'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``the Russian Federation''. (7) Government of iran.-- (A) In general.--The term ``Government of Iran'' includes the government of any subdivision of Iran, and any agency or instrumentality of the Government of Iran. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of Iran'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``Iran''. (8) National of iran.--The term ``national of Iran'' means-- (A) any citizen of Iran; or (B) any other legal entity that is organized under the laws of Iran. (9) National of the russian federation.--The term ``national of the Russian Federation'' means-- (A) any citizen of the Russian Federation; or (B) any other legal entity that is organized under the laws of the Russian Federation. (10) Person.--The term ``person'' means any person or entity, including any agency or instrumentality of a foreign state. TITLE I--APPROVAL OF UNITED STATES-RUSSIAN FEDERATION AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY SEC. 101. APPROVAL OF AGREEMENT. (a) In General.--Congress does favor the United States-Russian Federation Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject to the requirements of subsection (b). (b) Relationship to Other Provisions of Law.--Notwithstanding section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), the Agreement shall become effective in accordance with the provisions of this Act and other applicable provisions of law. TITLE II--LIMITATIONS ON NUCLEAR COOPERATION WITH THE RUSSIAN FEDERATION SEC. 201. CERTIFICATION OF ACTIONS BY THE RUSSIAN FEDERATION ON NONPROLIFERATION MATTERS. (a) Certification.--No license may be issued for the export of nuclear material, equipment, or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (b) have been met. (b) Requirements.--The requirements referred to in subsection are the following: (1) The Government of the Russian Federation has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology as defined in this Act to the Government of Iran. (2) For the preceding 12-month period-- (A) there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the Russian Federation and the Government of Iran or any national of Iran based on all credible information available to the United States at the time of the certification; and (B)(i) there has been no cooperation with respect to any activity described in paragraph (1) between any national of the Russian Federation and the Government of Iran or any national of Iran based on all credible information available to the United States at the time of the certification; or (ii) the Government of the Russian Federation has-- (I) terminated any significant cooperation between any such Russian national and the Government of Iran or any such Iranian national; (II) instituted effective measures to prevent a reoccurrence of any such cooperation; or (III) prosecuted any such Russian national. (c) Limitation.--A certification of the conditions described in clause (ii) of subsection (b)(2)(B) may not be used to satisfy the requirements of such subsection for three or more consecutive fiscal years. (d) Sunset.--The provisions of this section shall be effective for the 5-year period beginning on the date of the enactment of this Act. SEC. 202. CERTIFICATION OF COOPERATION BY THE RUSSIAN FEDERATION ON IRAN SANCTIONS. (a) Certification.--No license may be issued for the export of nuclear material, equipment or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (b) have been met. (b) Requirements.--The requirements referred to in subsection (a) are that the Government of the Russian Federation is fully and completely supporting United States efforts to achieve effective international and United Nations Security Council sanctions on Iran in response to Iran's nuclear program. SEC. 203. CERTIFICATION OF RUSSIAN LIABILITY PROTECTIONS FOR UNITED STATES CIVIL NUCLEAR INDUSTRIES. (a) Certification.--No license may be issued for the export of nuclear material, equipment or technology to the Russian Federation pursuant to the Agreement unless the President certifies to the appropriate congressional committees that the requirements of subsection (b) have been met. (b) Requirements.--The requirements referred to in subsection (a) are that the Government of the Russian Federation has ratified the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997, or has enacted domestic law that provides adequate liability protections for United States firms for civil nuclear commerce with the Russian Federation. TITLE III--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION SEC. 301. AUTHORIZATION OF EXTRAORDINARY PAYMENTS. (a) Authorization.--Notwithstanding the restrictions contained in section 6 of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note), the President is authorized to make extraordinary payments in connection with the International Space Station to the Russian Federal Space Agency, or any organization or entity under the jurisdiction or control of the Russian Federal Space Agency, for equipment and services related to transportation to and from, rescue from, and provision, maintenance, and operation of the International Space Station. (b) Limitations.--The authority under subsection (a)-- (1) shall be limited to payments for services provided before July 1, 2016; and (2) may not be used for the purchase of-- (A) any cargo services provided by a Progress vehicle after December 31, 2011; or (B) any crew transportation or rescue services provided by a Soyuz vehicle after a United States commercial provider of crew transportation and rescue services demonstrates the capability to meet mission requirements of the International Space Station. TITLE IV--FUTURE AGREEMENTS FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY SEC. 401. REQUIREMENT FOR CONGRESSIONAL APPROVAL OF AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. (a) Cooperation With Other Nations.--Section 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 d.) is amended in the first sentence-- (1) by striking ``not'' the first and second place it appears; (2) by inserting ``only'' after ``effective''; and (3) by striking ``Provided further,'' and all that follows through the period at the end. (b) Subsequent Arrangements.--Section 131 a.(1) of such Act is amended-- (1) in the second sentence, by striking ``, security'' and all that follows through the period at the end; and (2) by inserting after the second sentence the following: ``Such subsequent arrangement shall not take effect unless the Congress enacts a joint resolution of approval, according to the procedures of sections 123 d. and 130 i. of this Act. Any such nuclear proliferation assessment statement shall be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the 31st day of continuous session after submission of the subsequent arrangement.''. SEC. 402. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is amended by adding at the end the following: ``e. The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section prior to the President's announcement of such initiative or negotiations. The President shall consult with the appropriate congressional committees concerning such initiative or negotiations beginning not less than 15 calendar days after the initiation of any such negotiations, or the receipt or transmission of a draft agreement, whichever occurs first, and monthly thereafter until such time as the negotiations are concluded.''. | United States-Russian Federation Nuclear Cooperation Agreement Act of 2008 - States that Congress favors the United States-Russian Federation Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject to certain requirements. Prohibits the issuance of a license for the export of nuclear material, equipment, or technology to the Russian Federation unless the President certifies to the appropriate congressional committees that: (1) the government of the Russian Federation has taken actions to prohibit and prevent the transfer of goods, services, or technology (excluding goods, services, or technology related to the Bushehr nuclear reactor) to the government of Iran; (2) for the preceding 12-month period there has been no cooperation regarding such activities between the government or any national of the Russian Federation and the government or any national of Iran; or (3) during such 12-month period the government of the Russian Federation has terminated any significant cooperation between any Russian national and the government or any national of Iran, has instituted effective measures to prevent a reoccurrence of such cooperation, or has prosecuted any such Russian national. (Limits such certification's use to not more than two consecutive fiscal years.) Prohibits the issuance of a license for the export of nuclear material, equipment or technology to the Russian Federation unless the President certifies to the appropriate congressional committees that the government of the Russian Federation: (1) is fully supporting U.S. efforts to achieve international and U.N. Security Council sanctions on Iran in response to Iran's nuclear program; and (2) has ratified the Convention on Supplementary Compensation for Nuclear Damage or has enacted domestic law that provides adequate liability protections for U.S. firms for civil nuclear commerce with the Russian Federation. Terminates such license provisions five years after enactment of this Act. Authorizes the President, with specified limitations, to make extraordinary payments in connection with the International Space Station to the Russian Federal Space Agency. Amends the Atomic Energy Act of 1954 to require joint congressional resolution of approval of peaceful nuclear cooperation agreements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Worker and Investor Protection Act of 2002''. SEC. 2. CERTAIN SALES OF COMPANY STOCK BY CORPORATE INSIDERS TO BE SUBJECT TO EXCISE TAX ON GOLDEN PARACHUTE PAYMENTS. (a) In General.--Section 4999 of the Internal Revenue Code of 1986 (relating to golden parachute payments) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Certain Sales of Company Stock by Corporate Insiders.-- ``(1) In general.--For purposes of this section, the term `excess parachute payment' includes any amount realized by a corporate insider on the sale or exchange of stock in the corporation with respect to which the individual is a corporate insider if such sale or exchange occurs while such corporation (or any other entity consolidated with such corporation for purposes of reporting to the Securities and Exchange Commission) maintains a transfer-restricted 401(k) plan. ``(2) Corporate insider.--For purposes of this subsection, the term `corporate insider' means, with respect to a corporation, any individual who is subject to the requirements of section 16(a) of the Securities Exchange Act of 1934 with respect to such corporation. ``(3) Transfer-restricted 401(k) plan.--For purposes of this subsection, the term `transfer-restricted 401(k) plan' means, with respect to any period, any qualified cash or deferred arrangement (as defined in section 401(k)(2)) if, during such period, any participant in such arrangement is not able to freely sell employer stock-- ``(A) which is held in such participant's account under such arrangement, and ``(B) which is attributable to employee contributions, employer contributions, or earnings thereon. ``(4) Application of subsection.--This subsection shall apply to sales and exchanges during the 6-month period beginning on the date of the enactment of this subsection.'' (b) Effective Date.--The amendment made by this section shall apply to sales and exchanges on or after the date of the enactment of this Act. SEC. 3. DENIAL OF DEDUCTION FOR PAYMENTS ON DEBT INSTRUMENTS NOT INCLUDED AS LIABILITIES FOR PURPOSES OF SHAREHOLDER REPORTING. (a) In General.--Paragraph (2) of section 163(l) of the Internal Revenue Code of 1986 (relating to disallowance of deduction on certain debt instruments of corporations) is amended to read as follows: ``(2) Disqualified debt instrument.--For purposes of this subsection, the term `disqualified debt instrument' means-- ``(A) any indebtedness of a corporation which is payable in equity of the issuer or a related party, and ``(B) in the case of an SEC registrant-- ``(i) any indebtedness of such registrant if such indebtedness is not shown in the certified annual report as part of the total liabilities of such registrant, and ``(ii) any indebtedness of an off-balance- sheet entity if the proceeds from the issuance of such indebtedness are used directly or indirectly to acquire stock (or other ownership interest) in such registrant.'' (b) Definitions.--Subsection (l) of section 163 of such Code is amended by redesignating paragraph (5) as paragraph (8) and by inserting after paragraph (4) the following new paragraphs: ``(5) Certified annual report.--For purposes of this subsection, the term `certified annual report' means, with respect to any taxable year, any annual report (or financial statement) covering all or part of such taxable year-- ``(A) which is required to be filed with the Securities and Exchange Commission, and ``(B) which is required to be certified by an independent public accountant. ``(6) SEC registrant.--The term `SEC registrant' means-- ``(A) any corporation which is required to file a certified annual report with the Securities and Exchange Commission, and ``(B) any other entity the assets and liabilities of which are consolidated with a corporation described in subparagraph (A) for purposes of such a report. ``(7) Off-balance-sheet entity.--For purposes of this subsection, the term `off-balance-sheet entity' means, with respect to any SEC registrant, an entity in which such registrant holds an ownership interest if-- ``(A) the assets and liabilities of such entity are not consolidated as part of the assets and liabilities of the registrant for purposes of such registrant's certified annual report, and ``(B) for purposes of this title, such entity is treated as a partnership or trust or is disregarded as an entity separate from its owner pursuant to regulations issued by the Secretary.'' (c) Effective Date.--The amendments made by this section shall apply to instruments issued after the date of the enactment of this Act. | Emergency Worker and Investor Protection Act of 2002 - Amends Internal Revenue Code concerning golden parachute payments to include within the definition of the term "excess parachute payment" any amount realized by a corporate insider on the sale or exchange of stock in the corporation with respect to which an individual is a corporate insider if such sale or exchange occurs while such corporation maintains a transfer-restricted 401(k) plan (thereby subjecting such sales to a 20 percent excise tax). Defines the terms "corporate insider" and "transfer-restricted 401(k) plan."Includes within the definition of the term "disqualified debt instrument," in the case of an SEC registrant: (1) any indebtedness of such registrant if such indebtedness is not shown in the certified annual report as part of the total liabilities of such registrant; and (2) any indebtedness of an off-balance-sheet entity if the proceeds from the issuance of such indebtedness are used directly or indirectly to acquire stock in such registrant (thereby denying the deduction for payments on debt instruments not included as liabilities for purposes of shareholder recording). Defines the terms "certified annual report," "SEC registrant," and "off balance-sheet entity." |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Shark Finning Prohibition Act''. SEC. 2. PURPOSE. The purpose of this Act is to eliminate shark-finning by addressing the problem comprehensively at both the national and international levels. SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS AT SEA. Section 307(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended-- (1) by striking ``or'' after the semicolon in subparagraph (N); (2) by striking ``section 302(j)(7)(A).'' in subparagraph (O) and inserting ``section 302(j)(7)(A); or''; and (3) by adding at the end the following: ``(P)(i) to remove any of the fins of a shark (including the tail) and discard the carcass of the shark at sea; ``(ii) to have custody, control, or possession of any such fin aboard a fishing vessel without the corresponding carcass; or ``(iii) to land any such fin without the corresponding carcass. For purposes of subparagraph (P) there is a rebuttable presumption that any shark fins landed from a fishing vessel or found on board a fishing vessel were taken, held, or landed in violation of subparagraph (P) if the total weight of shark fins landed or found on board exceeds 5 percent of the total weight of shark carcasses landed or found on board.''. SEC. 4. REGULATIONS. No later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall promulgate regulations implementing the provisions of section 3076(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by section 3 of this Act. SEC. 5. INTERNATIONAL NEGOTIATIONS. The Secretary of Commerce, acting through the Secretary of State, shall-- (1) initiate discussions as soon as possible for the purpose of developing bilateral or multilateral agreements with other nations for the prohibition on shark-finning; (2) initiate discussions as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in shark-finning, for the purposes of-- (A) collecting information on the nature and extent of shark-finning by such persons and the landing or transshipment of shark fins through foreign ports; and (B) entering into bilateral and multilateral treaties with such countries to protect such species; (3) seek agreements calling for an international ban on shark- finning and other fishing practices adversely affecting these species through the United Nations, the Food and Agriculture Organization's Committee on Fisheries, and appropriate regional fishery management bodies; (4) initiate the amendment of any existing international treaty for the protection and conservation of species of sharks to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section; (5) urge other governments involved in fishing for or importation of shark or shark products to fulfill their obligations to collect biological data, such as stock abundance and by-catch levels, as well as trade data, on shark species as called for in the 1995 Resolution on Cooperation with FAO with Regard to study on the Status of Sharks and By-Catch of Shark Species; and (6) urge other governments to prepare and submit their respective National Plan of Action for the Conservation and Management of Sharks to the 2001 session of the FAO Committee on Fisheries, as set forth in the International Plan of Action for the Conservation and Management of Sharks. SEC. 6. REPORT TO CONGRESS. The Secretary of Commerce, in consultation with the Secretary of State, shall provide to Congress, by not later than 1 year after the date of the enactment of this Act, and every year thereafter, a report which-- (1) includes a list that identifies nations whose vessels conduct shark-finning and details the extent of the international trade in shark fins, including estimates of value and information on harvesting of shark fins, and landings or transshipment of shark fins through foreign ports; (2) describes the efforts taken to carry out this Act, and evaluates the progress of those efforts; (3) sets forth a plan of action to adopt international measures for the conservation of sharks; and (4) includes recommendations for measures to ensure that United States actions are consistent with national, international, and regional obligations relating to shark populations, including those listed under the Convention on International Trade in Endangered Species of Wild Flora and Fauna. SEC. 7. RESEARCH. The Secretary of Commerce, subject to the availability of appropriations authorized by section 10, shall establish a research program for Pacific and Atlantic sharks to engage in the following data collection and research: (1) The collection of data to support stock assessments of shark populations subject to incidental or directed harvesting by commercial vessels, giving priority to species according to vulnerability of the species to fishing gear and fishing mortality, and its population status. (2) Research to identify fishing gear and practices that prevent or minimize incidental catch of sharks in commercial and recreational fishing. (3) Research on fishing methods that will ensure maximum likelihood of survival of captured sharks after release. (4) Research on methods for releasing sharks from fishing gear that minimize risk of injury to fishing vessel operators and crews. (5) Research on methods to maximize the utilization of, and funding to develop the market for, sharks not taken in violation of a fishing management plan approved under section 303 or section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)). (6) Research on the nature and extent of the harvest of sharks and shark fins by foreign fleets and the international trade in shark fins and other shark products. SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH PROGRAM. The National Marine Fisheries Service, in consultation with the Western Pacific Fisheries Management Council, shall initiate a cooperative research program with the commercial longlining industry to carry out activities consistent with this Act, including research described in section 7 of this Act. The service may initiate such shark cooperative research programs upon the request of any other fishery management council. SEC. 9. SHARK-FINNING DEFINED. In this Act, the term ``shark-finning'' means the taking of a shark, removing the fin or fins (whether or not including the tail) of a shark, and returning the remainder of the shark to the sea. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2001 through 2005 such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires the Secretary of Commerce to: (1) initiate international negotiations for the prohibition of shark-finning; (2) submit to Congress a list of nations whose vessels conduct shark- finning, set forth a plan of action for the international conservation of sharks, and include recommendations for U.S. compliance with national, international, and regional obligations relating to shark populations; and (3) establish a research program for Pacific and Atlantic sharks. Directs the National Marine Fisheries Service to initiate a western Pacific longline fisheries cooperative research program. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Biliteracy Education Seal and Teaching Act'' or the ``BEST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century. (2) It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps. (3) The study of world languages in elementary and secondary schools should be encouraged because it contributes to a student's cognitive development and to the national economy and security. (4) Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace. (5) California has pioneered the first State system in the Nation to recognize students for achieving proficiency in multiple languages. In 2012, California awarded a Seal of Biliteracy to over 10,000 graduating high school seniors in 37 school districts. (6) Students in every State should be able to benefit from a Seal of Biliteracy program. SEC. 3. STATE SEAL OF BILITERACY PROGRAM. (a) Establishment.--The Secretary of Education shall award grants to States to establish or improve a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and writing in both English and a second language. (b) Grant Application.--In order to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) a description of the criteria a student must meet to demonstrate proficiency in speaking, reading, and writing in both English and a second language; (2) assurances that a student who meets the requirements under paragraph (1)-- (A) receives a permanent seal or other marker on the student's secondary school diploma or its equivalent; and (B) receives documentation of proficiency in the student's official academic transcript; and (3) assurances that a student is not charged a fee for submitting an application under subsection (c). (c) Student Participation in a Seal of Biliteracy Program.--To participate in a Seal of Biliteracy program, a student must submit an application to the State that serves the student at such time, in such manner, and containing such information and assurances as the State may require, including assurances that the student-- (1) will receive a secondary school diploma or its equivalent in the year the student submits an application; and (2) has met the criteria established by the State under subsection (b)(1). (d) Student Eligibility for Application.--A student who gained proficiency in a second language outside of school may apply to participate in a Seal of Biliteracy program under subsection (c). (e) Use of Funds.--Grant funds made available under this section shall be used for administrative costs of establishing or improving and carrying out a Seal of Biliteracy program and for public outreach and education about that program. (f) Grant Terms.-- (1) Duration.--A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary. (2) Renewal.--At the end of a grant term, the recipient of such grant may reapply for a grant under this section. (3) Limitations.--A grant recipient under this section shall not have more than 1 grant under this section at anytime. (4) Return of unspent grant funds.--Not later than 6 months after the date on which a grant term ends, a recipient of a grant under this section shall return any unspent grant funds to the Secretary. (g) Report.--Not later than 9 months after receiving a grant under this section, a grant recipient shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program. (h) Definitions.--In this section: (1) ESEA definitions.--The terms ``secondary school'', ``Secretary'', and ``State'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Second language.--The term ``second language'' means any language other than English, including Braille and American Sign Language. (3) Seal of biliteracy program.--The term ``Seal of Biliteracy program'' means any program established under section 3 of this Act. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2019 through 2023 to carry out this section. | Biliteracy Education Seal and Teaching Act or the BEST Act This bill directs the Department of Education to award renewable two-year grants to states to establish or improve Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language. States must provide to participating students who demonstrate such proficiency: (1) documentation of that proficiency on their official academic transcripts, and (2) a permanent seal or other marker on their secondary school diplomas. Students who gain proficiency in a second language outside of school may participate in such programs. States may not charge students a program application fee. |
SECTION 1. CREDIT FOR EMPLOYER COSTS OF PROVIDING MAMMOGRAPHY SCREENING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new section: ``SEC. 30. CREDIT FOR EMPLOYER COSTS OF PROVIDING MAMMOGRAPHY SCREENING. ``(a) Allowance of Credit.--There shall be allowed as a credit against a tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified mammography screening costs of an employer for the taxable year. ``(b) Qualified Mammography Screening Costs.-- ``(1) In general.--For purposes of this section, the term `qualified mammography screening costs' means the amount paid or incurred during the taxable year directly or through insurance to provide screening mammography conducted consistent with the frequency required under paragraph (3) and the quality standards established under paragraph (4). ``(2) Screening mammography.--The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(3) Frequency permitted.-- ``(A) In general.--Except as otherwise provided in this paragraph, the frequency required under this paragraph is annually. ``(B) Review and revision.-- ``(i) Review.--The Secretary of Health and Human Services, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing screening mammography, based on age and such other factors as such Secretary believes to be pertinent. ``(ii) Revision of frequency.--Such Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which screening mammography may be required for purposes of this paragraph, but no such revision shall apply to screening mammography performed before January 1, 1995. ``(4) Quality standards.--The Secretary of Health and Human Services shall establish standards to assure the safety and accuracy of screening mammography taken into account under this section. Such standards shall include the requirements that-- ``(A) the equipment used to perform the mammography must be specifically designed for mammography and must meet radiologic standards established by such Secretary for mammography; ``(B) the mammography must be performed by an individual who-- ``(i) is licensed by a State to perform radiological procedures, or ``(ii) is certified as qualified to perform radiological procedures by such an appropriate organization as such Secretary specifies in regulations; ``(C) the results of the mammography must be interpreted by a physician-- ``(i) who is certified as qualified to interpret radiological procedures by such an appropriate board as such Secretary specifies in regulations, or ``(ii) who is certified as qualified to interpret screening mammography procedures by such a program as such Secretary recognizes in regulation as assuring the qualifications of the individual with respect to such interpretation; and ``(D) with respect to the first screening mammography performed on a woman which is taken into account under this section, there are satisfactory assurances that the results of the mammography will be placed in permanent medical records maintained with respect to the woman. ``(c) Other Definitions.--For purposes of this section-- ``(1) Employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). ``(2) Employee.--The term `employee' includes an individual who is a self-employed individual (as defined in section 401(c)(1)(B)). ``(d) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A, and sections 27, 28, and 29, over ``(2) the tentative minimum tax for the taxable year.'' (b) Clerical Amendment.--The table of sections for such subpart B is amended by adding at the end thereof the following new item: ``Sec. 30. Credit for employer costs for mammography screening.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow an employer a tax credit for 50 percent of qualified mammography screening costs. Requires the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of such mammography screening. |
SECTION 1. FINDINGS. The Congress finds that: (1) By Interstate Compact (Chapter 170 of the Laws of 1937 of the State of New York; Chapter 148 of the Laws of 1937 of the State of New Jersey) and by Resolution of the 75th Congress (H.J. Resolution 445), the Palisades Interstate Park Commission was formed in 1937. (2) The Palisades Interstate Park Commission is the only interstate park management agency in the United States and is responsible for the management of 23 parks and historic sites in New York and New Jersey, consisting of 82,000 acres. More than 8,000,000 national and international visitors per year seek outdoor recreational opportunities in the Palisades Park System. The management of these sites is consistent with standards maintained by the National Park Service. (3) Sterling Forest is a biologically diverse 17,500 acre corporate-owned open space property on the New York/New Jersey border. The property is a highly significant watershed area for northern New Jersey, and an important outdoor recreational asset in the Northeastern United States. Clean drinking water flows from the property into a reservoir system which serves 25 percent of the population of the State of New Jersey. Twenty- seven rare and endangered wildlife species have been identified at Sterling Forest by The Nature Conservancy. The land supports a mixed hardwood forest, wetlands, lakes, glaciated valleys and ridge lines, and is strategically located on a north-south wildlife migratory route. (4) The Appalachian Trail, administered by the National Park Service, passes through Sterling Forest. Sterling Forest shares a common boundary with the 51,680 acre Harriman/Bear Mountain State Parks in which the first segment of the Appalachian Trail was constructed in 1923. If protected, Sterling Forest would greatly enhance the Appalachian Trail and would become the largest park created in the Northeastern United States since World War II. (5) Sterling Forest is located in the most densely populated metropolitan region in the United States, and is a very critical open space buffer for a large urban population. A 14 percent growth rate is projected for the region in the next 20 years. (6) Lands held and managed by the Palisades Interstate Park Commission in the State of New York traditionally remain on the tax rolls. Taxes are paid by the State. (7) Stewardship and management costs for lands in the Palisades Park System traditionally are paid by the States of New York and New Jersey. (8) The Palisades Interstate Park Commission is committed to a willing seller--willing buyer transaction with the corporate owners of Sterling Forest. Use of eminent domain authority is not anticipated, nor would it be acceptable to the Palisades Interstate Park Commission. (9) In establishing the Federal Agencies Program for the Land and Water Conservation Fund, the Congress specified the need to address the increasing demand for the creation of recreation areas of national significance easily accessible to large centers of the population, and to provide a partial basis for financing the extension of Federal recreational facilities in the East and Midwest. (10) Given the nationally significant watershed, outdoor recreational, and wildlife attributes of Sterling Forest, the demand for park open space in the Northeastern United States, the lack of open space in the densely populated New York-New Jersey-Connecticut Tri-State Region, and the presence of a willing seller and a federally chartered interstate park management agency, there is clear Federal interest in acquiring land in Sterling Forest for permanent protection of watershed, recreational, and wild flora and fauna open space. SEC. 2. AUTHORIZATION. (a) Funding.--In order to enhance protection of watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New York/New Jersey Highlands Region, there is hereby authorized to be appropriated to the Secretary of the Interior for transfer to the Palisades Interstate Park Commission (hereinafter in this Act referred to as the ``Commission'') for fiscal year 1995 not more than $35,000,000 to be used by the Commission for purposes of acquiring an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation. Such sums shall remain available for expenditure through fiscal year 1999. (b) Property Taxes.--Nothing in this Act shall be construed to authorize the United States Government, or relieve the Commission and the State of New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in the State of New York which may be acquired through this authorization. (c) Management.--The Commission shall hold and manage all property acquired with funds made available under this Act for the purposes referred to in subsection (a). | Authorizes appropriations to the Secretary of the Interior to be transferred to the Palisades Interstate Park Commission to be used to acquire an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation to protect the watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New York/New Jersey Highlands Region. States that nothing in this Act shall be construed to authorize the Government, or relieve the Commission and New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in New York that may be acquired through this authorization. Requires the Commission to hold and manage all property acquired with funds made available in this Act for the purposes specified in it. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Accountability through Sustainable Funding Act''. SEC. 2. REQUIREMENT THAT THE COMMODITY FUTURES TRADING COMMISSION IMPOSE FEES AND ASSESSMENTS TO RECOVER THE COST OF APPROPRIATIONS TO THE COMMISSION. Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended by adding at the end the following: ``(i) Recovery of Costs of Annual Appropriations.-- ``(1) Imposition of fees.-- ``(A) In general.--The Commission shall, by order, impose a fee on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option on such a contract, or a swap, so that the total of the fees so imposed during each fiscal year is sufficient to recover the costs to the Government of the annual appropriation to the Commission by Congress for the fiscal year. ``(B) Limitation.--The fees imposed under this paragraph on all transactions of the same kind shall be determined in a uniform manner. ``(C) Mid-year adjustment.-- ``(i) In general.--By March 1 of each fiscal year, the Commission shall determine whether, based on the fees collected under this subsection during the first 5 months of the fiscal year, the total of the amounts collected and to be collected under this subsection for the fiscal year is reasonably likely to be 10 percent (or more) greater or less than the costs described in subparagraph (A) for the fiscal year. If the Commission so determines, the Commission shall by order, no later than March 1 of the fiscal year, adjust the fee rates otherwise applicable under this paragraph for the fiscal year so that the total of the amounts so collected and to be collected is reasonably likely to equal to the costs so described. ``(ii) Effective date.--Subject to paragraphs (2)(C) and (4), an adjusted rate prescribed under clause (i) of this subparagraph in a fiscal year shall take effect on the later of-- ``(I) the 1st day of the fiscal year to which the rate applies; or ``(II) 60 days after the date on which a regular appropriation to the Commission for the fiscal year is enacted. ``(D) Publication.--The Commission shall publish in the Federal Register notices of the fee rates applicable under this paragraph for a fiscal year not later than 30 days after the date on which a regular appropriation to the Commission for the fiscal year is enacted, together with any estimates or projections on which the fee rates are based. ``(E) Inapplicability of rule making requirements.--In exercising its authority under this paragraph, the Commission shall not be required to comply with section 553 of title 5, United States Code. ``(F) No judicial review.--A fee rate prescribed under this paragraph and published in accordance with subparagraph (D) shall not be subject to judicial review. ``(2) Payment and collection of fees.-- ``(A) Cleared transactions; uncleared swaps reported to swap data repositories.-- ``(i) Payment of fees.-- ``(I) Cleared transactions.--In the case of a contract of sale of a commodity for future delivery, an option on such a contract, or a swap that is cleared by a derivatives clearing organization registered or exempt from registration under this Act, each party to the agreement, contract, or transaction shall pay the fee determined under paragraph (1) to the derivatives clearing organization. ``(II) Uncleared swaps reported to swap data repositories.--In the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this Act and that is accepted by a swap data repository registered under section 21, each party to the swap shall pay the transaction fee determined under paragraph (1) to the swap data repository. ``(ii) Collection of fees.--The Commission shall collect the fees paid in accordance with clause (i) in such manner and within such time as the Commission deems appropriate. ``(B) Uncleared swaps reported to commission.--In the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this Act and that is reported to the Commission pursuant to section 4r, each party to the swap shall pay the fee determined under paragraph (1) to the Commission in a manner and within such time as the Commission deems appropriate. ``(C) Subject to appropriations.--Except as provided in paragraph (4), a fee shall not be collected under this subsection for a fiscal year, except to the extent provided in advance in appropriation Acts. ``(3) Deposit of fees.-- ``(A) Offsetting collections.--A fee collected under paragraph (2) for a fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission. ``(B) General revenues prohibited.--A fee collected under paragraph (2) for a fiscal year shall not be deposited and credited as general revenue of the Treasury. ``(4) Lapse of appropriation.--If on the first day of a fiscal year a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect (as offsetting collections) the fees imposed under paragraph (1) at the rate in effect during the preceding fiscal year, until 60 days after the date such a regular appropriation is enacted.''. | Wall Street Accountability through Sustainable Funding Act - Amends the Commodity Exchange Act to require the Commodity Futures Trading Commission (CFTC) to impose a fee on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option on such a contract, or a swap to recover the government's cost of the annual CFTC appropriation for the fiscal year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Law Reform Commission Act''. SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Federal Election Law Reform Commission'' (hereinafter in this Act referred to as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to recommend reforms in those laws. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 8 members appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult-- (1) the Speaker of the House of Representatives with respect to the appointment of 2 members; (2) the majority leader of the Senate with respect to the appointment of 2 members; (3) the minority leader of the House of Representatives with respect to the appointment of one member; and (4) the minority leader of the Senate with respect to the appointment of one member. (b) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 4. POWERS OF 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) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 5. REPORT AND RECOMMENDED LEGISLATION. Not later than one year after the date of the enactment of this Act, the Commission shall submit to the Congress a report of the activities of the Commission, together with a draft of legislation (including technical and conforming provisions) recommended by the Commission to reform the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other laws relating to elections for Federal office. SEC. 6. MATTERS TO BE CONSIDERED BY THE COMMISSION. In formulating its draft of legislation under section 5, the Commission shall consider-- (1) the growth pattern of expenditures in elections for Federal office; (2) the appropriateness of public financing, communications vouchers, and postage subsidies with respect to elections for Federal office; (3) the option of expenditure limitations for achieving a balance of campaign resources between challengers and incumbents in elections for Federal office; (4) possible mechanisms of enforcement with respect to expenditures in elections for Federal office, including (A) voluntary compliance through incentives such as direct public financing, communications vouchers, and postage subsidies, and (B) mandatory compliance through imposition of penalties, such as taxes on excess expenditures; (5) the nature and extent of election related spending (for party building, get-out-the-vote, and similar activities) that is not currently regulated under Federal law (commonly known as ``soft money''); (6) the impact of non-party multicandidate political committees (commonly known as ``political action committees'') on elections for Federal office; (7) the adequacy of existing limitations on the contributions and activities of such committees, as well as the adequacy of existing limitations on the contributions and activities of individuals and other persons; (8) the influence of independent expenditures on elections for Federal office, through television advertising and otherwise, and the possibility of taking independent expenditures into account in the computation of contribution and expenditures with respect to candidates who benefit from independent expenditures; and (9) the impact of out-of-State and out-of-District contributions on congressional elections. SEC. 7. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft of legislation referred to in section 5. (c) Introduction and Referral.--Within 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced (by request) in the House by the majority leader of the House and shall be introduced (by request) in the Senate by the majority leader of the Senate. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.-- No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House; nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.-- (1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 20th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.-- (1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a Federal election bill shall be decided without debate. (g) Floor Consideration in the Senate.-- (1) A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate is not debatable. A motion to recommit a Federal election bill is not in order. SEC. 8. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff.--(1) Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (d) Details.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (e) Experts and Consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. SEC. 9. TERMINATION. The Commission shall cease to exist 3 months after the date of the submission of its report under section 5. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act. | Federal Election Law Reform Commission Act - Establishes the Federal Election Law Reform Commission to recommend Federal election law reform. Requires a Federal election bill to be introduced in the House and the Senate within a specified time of the Commission's submittal of draft legislation. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying Prevention and Intervention Act of 2010''. SEC. 2. BULLYING PREVENTION AND INTERVENTION PROGRAMS; REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS. (a) Allowing Juvenile Accountability Block Grants To Be Used for Bullying Prevention and Intervention Programs.--Section 1801 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by inserting ``(and for the purpose described in subsection (d)(1))'' after ``juvenile justice system''; and (2) by adding at the end the following new subsection: ``(d) Bullying Prevention and Intervention Programs.-- ``(1) In general.--Amounts paid to a State or a unit of local government under this part may be used by the State or unit of local government for bullying prevention and intervention programs described in paragraph (2)(C) that, subject to paragraph (3), follow the guidelines established under such paragraph (2)(C). ``(2) Guidelines.--Not later than 6 months after the date of this subsection, the Attorney General shall establish voluntary guidelines for use by States and units of local government-- ``(A) on ways for relevant entities to identify occurrences of bullying; ``(B) on ways to provide for the participation in programs described in subparagraph (C) of juveniles who are involved in such occurrences of bullying; and ``(C) for purposes of developing bullying prevention and intervention programs that, at a minimum-- ``(i) provide services to juveniles; ``(ii) provide educational services that focus on the accountability of such juveniles for their actions, with respect to occurrences of bullying, including when the outcome of such actions is not intended by such juveniles; ``(iii) provide counseling services for both juveniles who commit acts of bullying and juveniles who are victims of such bullying; ``(iv) include notification and involvement of parents and guardians of juveniles who are participating in such programs; ``(v) address behavior and behavior modification of juveniles described in clause (iii); and ``(vi) educate students, adult personnel (including school administration and staff and child care providers), and law enforcement officers about how to identify occurrences of bullying and how to address such occurrences. ``(3) Variation permitted.--A State or unit of local government may modify the guidelines established under paragraph (2) for use by such State or unit, respectively (or entities within such State or unit, respectively) in order to meet the specific needs or circumstances of relevant populations. ``(4) Bullying defined.--For purposes of this subsection, the term `bullying' includes the following behavior by juvenile against another juvenile (or group of juveniles): ``(A) Verbal acts, name-calling, and graphic and written statements that may be threatening, harmful, or humiliating and which may include use of cell phones, the Internet, and other forms of electronic communication. ``(B) Conduct that may be physically threatening, harmful, or humiliating. ``(C) Conduct that creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of such other juvenile to participate in or benefit from the services, activities, or opportunities offered by a school. ``(D) Harassment based on race, color, national origin, disability, sex, sexual orientation, or gender. ``(E) Statements or other conduct that are based on real or perceived imbalance of power, repeated over time, and result in humiliation of the other juvenile. Behavior described in the previous sentence does not have to include the intent to harm or be directed at a specific juvenile to be considered bullying.''. (b) Reauthorization of Juvenile Accountability Block Grants.-- Section 1810(a) of such Act is amended by inserting before the period at the end the following: ``and for each of fiscal years 2011 through 2015''. | Bullying Prevention and Intervention Act of 2010 - Amends the Omnnibus Crime Control and Safe Streets Act of 1968 to: (1) allow the use of juvenile accountability block grants for bullying prevention and intervention programs; (2) require the Attorney General to establish voluntary guidelines for use by states and local governments in developing such programs; and (3) authorize appropriations for FY2011-FY2015 for the juvenile accountability block grant program. |
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