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SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW
MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON.
(a) Melrose Air Force Range, New Mexico.--
(1) Transfer.--Administrative jurisdiction over the surface
estate of the following lands is hereby transferred from the
Secretary of the Interior to the Secretary of the Air Force:
new mexico principal meridian
T. 1 N., R. 30 E.
Sec. 2: S\1/2\.
Sec. 11: All.
Sec. 20: S\1/2\SE\1/4\.
Sec. 28: All.
T. 1 S., R. 30 E.
Sec. 2: Lots 1-12, S\1/2\.
Sec. 3: Lots 1-12, S\1/2\.
Sec. 4: Lots 1-12, S\1/2\.
Sec. 6: Lots 1 and 2.
Sec. 9: N\1/2\, N\1/2\S\1/2\.
Sec. 10: N\1/2\, N\1/2\S\1/2\.
Sec. 11: N\1/2\, N\1/2\S\1/2\.
T. 2 N., R. 30 E.
Sec. 20: E\1/2\SE\1/4\.
Sec. 21: SW\1/4\, W\1/2\SE\1/4\.
Sec. 28: W\1/2\E\1/2\, W\1/2\.
Sec. 29: E\1/2\E\1/2\.
Sec. 32: E\1/2\E\1/2\.
Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/
4\.
Aggregating 6,713.90 acres, more or less.
(2) Status of surface estate.--Upon transfer of the surface
estate of the lands described in paragraph (1), the surface
estate shall be treated as real property subject to the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
(3) Withdrawal of mineral estate.--Subject to valid
existing rights, the mineral estate of the lands described in
paragraph (1) is withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the
mineral and geothermal leasing laws, but not the Act of July
31, 1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 601 et seq.).
(4) Use of mineral materials.--Notwithstanding any other
provision of this subsection or the Act of July 31, 1947, the
Secretary of the Air Force may use, without application to the
Secretary of the Interior, the sand, gravel, or similar mineral
material resources on the lands described in paragraph (1), of
the type subject to disposition under the Act of July 31, 1947,
when the use of such resources is required for construction
needs on Melrose Air Force Range, New Mexico.
(b) Yakima Training Center, Washington.--
(1) Transfer.--Administrative jurisdiction over the surface
estate of the following lands is hereby transferred from the
Secretary of the Interior to the Secretary of the Army:
willamette meridian
T. 17 N., R. 20 E.
Sec. 22: S\1/2\.
Sec. 24: S\1/2\SW\1/4\ and that portion of
the E\1/2\ lying south of the Interstate
Highway 90 right-of-way.
Sec. 26: All.
T. 16 N., R. 21 E.
Sec. 4: SW\1/4\SW\1/4\.
Sec. 12: SE\1/4\.
Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and
E\1/2\W\1/2\.
T. 17 N., R. 21 E.
Sec. 30: Lots 3 and 4.
Sec. 32: NE\1/4\SE\1/4\.
T. 16 N., R. 22 E.
Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\
and S\1/2\.
Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\
and S\1/2\.
Sec. 10: All.
Sec. 14: All.
Sec. 20: SE\1/4\SW\1/4\.
Sec. 22: All.
Sec. 26: N\1/2\.
Sec. 28: N\1/2\.
T. 16 N., R. 23 E.
Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/
2\SE\1/4\, and that portion of the E\1/2\SE\1/
4\ lying westerly of the westerly right-of-way
line of Huntzinger Road.
Sec. 20: That portion of the SW\1/4\ lying
westerly of the easterly right-of-way line of
the railroad.
Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/
2\NW\1/4\.
Aggregating 6,640.02 acres.
(2) Status of surface estate.--Upon transfer of the surface
estate of the lands described in paragraph (1), the surface
estate shall be treated as real property subject to the Federal
Property and Administrative Services Act of 1949 (40 U.S.C 471
et seq.).
(3) Withdrawal of mineral estate.--Subject to valid
existing rights, the mineral estate of the lands described in
paragraph (1) and of the following lands are withdrawn from all
forms of appropriation under the public land laws, including
the mining laws and the geothermal leasing laws, but not the
Act of July 31, 1947 (commonly known as the Materials Act of
1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30
U.S.C. 181 et seq.):
willamette meridian
T. 16 N., R. 20 E.
Sec. 12: All.
Sec. 18: Lot 4 and SE\1/4\.
Sec. 20: S\1/2\.
T. 16 N., R. 21 E.
Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\.
Sec. 8: All.
T. 16 N., R. 22 E.
Sec. 12: All.
T. 17 N., R. 21 E.
Sec. 32: S\1/2\SE\1/4\.
Sec. 34: W\1/2\.
Aggregating 3,090.80 acres.
(4) Use of mineral materials.--Notwithstanding any other
provision of this subsection or the Act of July 31, 1947, the
Secretary of the Army may use, without application to the
Secretary of the Interior, the sand, gravel, or similar mineral
material resources on the lands described in paragraphs (1) and
(3), of the type subject to disposition under the Act of July
31, 1947, when the use of such resources is required for
construction needs on the Yakima Training Center, Washington.
Passed the Senate October 5 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2757
_______________________________________________________________________
AN ACT
To provide for the transfer and other disposition of certain lands at
Melrose Air Force Range, New Mexico, and Yakima Training Center,
Washington. | Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements. | A bill to provide for the transfer or other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Community Development Tax
Credit Act of 1995''.
SEC. 2. CREDIT FOR NONRESIDENTIAL BUILDINGS CONSTRUCTED OR RENOVATED IN
DISTRESSED AREAS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45C. CREDIT FOR NONRESIDENTIAL BUILDINGS IN DISTRESSED AREAS.
``(a) In General.--For purposes of section 38, the amount of the
distressed area building credit determined under this section for any
taxable year in the credit period shall be an amount equal to--
``(1) the applicable percentage of
``(2) the eligible basis of each qualified distressed area
building.
``(b) Applicable Percentage: 70 Percent Present Value Credit for
Certain New Buildings; 30 Percent Present Value Credit for Certain
Other Buildings.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means
the appropriate percentage prescribed by the Secretary for the
earlier of--
``(A) the month in which such building is placed in
service, or
``(B) at the election of the taxpayer--
``(i) the month in which the taxpayer and
the credit allocating agency enter into an
agreement with respect to such building (which
is binding on such agency, the taxpayer, and
all successors in interest) as to the building
credit dollar amount to be allocated to such
building, or
``(ii) in the case of any building to which
the rules of section 42(h)(4)(B) apply, the
month in which the tax-exempt obligations are
issued.
A month may be elected under clause (ii) only if the election
is made not later than the 5th day after the close of such
month. Such an election, once made, shall be irrevocable.
``(2) Method of prescribing percentages.--
``(A) In general.--The percentages prescribed by
the Secretary for any month shall be percentages which
will yield over a 10-year period amounts of credit
under subsection (a) which have a present value equal
to--
``(i) 70 percent of the eligible basis of a
new building, and
``(ii) 30 percent of the eligible basis of
an existing building.
``(B) Increased credit for buildings in more
distressed areas.--In the case of buildings located in
a census tract which would be a distressed area if `50
percent' were substituted for `80 percent' in
subsection (c)(2), subparagraph (A) shall be applied by
substituting `75 percent' for `70 percent' and `35
percent' for `30 percent'.
``(c) Qualified Distressed Area Building; Distressed Area.--For
purposes of this section--
``(1) Qualified distressed area building.--The term
`qualified distressed area building' means any building (other
than residential rental property) which, when placed in
service, is located in a distressed area.
``(2) Distressed area.--The term `distressed area' means
any census tract in which, for the most recent year for which
census data are available on household income in such tract, 70
percent or more of the households have an income which is 80
percent or less of the area median gross income (within the
meaning of section 142(d)) for such year.
``(d) Eligible basis.--For purposes of this section, the eligible
basis of any building shall be determined under the rules of paragraphs
(1) and (2) of section 42(d).
``(e) Rehabilitation expenditures treated as separate new
building.--
``(1) In general.--Rehabilitation expenditures paid or
incurred by the taxpayer with respect to any building shall be
treated for purposes of this section as a separate new
building.
``(2) Rehabilitation expenditures.--For purposes of
paragraph (1)--
``(A) In general.--The term `rehabilitation
expenditures' means amounts chargeable to capital
account and incurred for property (or additions or
improvements to property) of a character subject to the
allowance for depreciation in connection with the
rehabilitation of a building.
``(B) Cost of acquisition, etc., not included.--
Such term does not include the cost of acquiring any
building (or interest therein).
``(3) Minimum expenditures to qualify.--
``(A) In general.--Paragraph (1) shall apply to
rehabilitation expenditures with respect to any
building only if the amount of such expenditures during
any 24-month period is not less than 10 percent of the
adjusted basis of the building (determined as of the
1st day of such period and without regard to paragraphs
(2) and (3) of section 1016(a)).
``(B) Date of determination.--The determination
under subparagraph (A) shall be made as of the close of
the 1st taxable year in the credit period with respect
to such expenditures.
``(4) Special rules.--Rules similar to the rules of
paragraph (4)(A) and (5) of section 42(e) shall apply for
purposes of this subsection.
``(f) Definition and Special Rules Relating to Credit Period.--
``(1) Credit period defined.--For purposes of this section,
the term `credit period' means, with respect to any building,
the period of 10 taxable years beginning with--
``(A) the taxable year in which the building is
placed in service, or
``(B) at the election of the taxpayer, the
succeeding taxable year,
but only if the building is a qualified distressed area
building as of the close of the 1st year of such period. The
election under subparagraph (B), once made, shall be
irrevocable.
``(2) Special rules.--Rules similar to the rules of
paragraphs (3), (4), and (5) of section 42(f) shall apply for
purposes of this subsection.
``(g) Limitation on Aggregate Credit Allowable With Respect To
Buildings Located in a State.--
``(1) Credit may not exceed credit amount allocated to
building.--
``(A) In general.--The amount of the credit
determined under this section for any taxable year with
respect to any building shall not exceed the distressed
area building credit dollar amount allocated to such
building under this subsection.
``(B) Time for making allocation.--Rules similar to
the rules of subparagraphs (B) through (F) of section
42(h)(1) shall apply for purposes of this paragraph.
``(2) Allocated credit amount to apply to all taxable years
ending during or after credit allocation year.--Any distressed
area building credit dollar amount allocated to any building
for any calendar year--
``(A) shall apply to such building for all taxable
years in the credit period ending during or after such
calendar year, and
``(B) shall reduce the aggregate distressed area
building credit dollar amount of the credit allocating
agency only for such calendar year.
``(3) Distress area building credit dollar amount for
agencies.--
``(A) In general.--The aggregate distressed area
building credit dollar amount which a credit agency may
allocate for any calendar year is the portion of the
State distressed area building credit ceiling allocated
under this paragraph for such calendar year to such
agency.
``(B) State ceiling initially allocated to State
housing credit agencies.--The State distressed area
building credit ceiling for each calendar year shall be
allocated to the housing credit agency of such State.
If there is more than 1 housing credit agency of a
State, all such agencies shall be treated as a single
agency.
``(C) State distressed area building credit
ceiling.--The State distressed area building credit
ceiling applicable to any State for any calendar year
shall be an amount equal to the sum of--
``(i) $1.25 multiplied by the State
population,
``(ii) the unused State distressed area
building credit ceiling (if any) of such State
for the preceding calendar year,
``(iii) the amount of State distressed area
building credit ceiling returned in the
calendar year, plus
``(iv) the amount (if any) allocated under
subparagraph (D) to such State by the
Secretary.
For purposes of clause (ii), the unused State
distressed area building credit ceiling for any
calendar year is the excess (if any) of the sum of the
amounts described in clauses (i) and (iii) over the
aggregate distressed area building credit dollar amount
allocated for such year.
``(D) Unused credit carryovers allocated among
certain states.--Rules similar to the rules of section
42(h)(2)(D) shall apply for purposes of this paragraph.
``(4) Other rules to apply.--Rules similar to the rules of
subparagraphs (E), (F), and (G) of section 42(h)(2), and
paragraphs (4), (5), and (7) of section 42(h), shall apply for
purposes of this subsection.
``(5) Definitions.--For purposes of this subsection--
``(A) Credit allocating agency.--The term `credit
allocating agency' means any agency authorized to carry
out this subsection.
``(B) Possessions treated as states.--The term
`State' includes a possession of the United States.
``(h) Definitions and special rules.--For purposes of this section
--
``(1) New building.--The term `new building' means a
building the original use of which begins with the taxpayer.
``(2) Existing building.--The term `existing building'
means any building which is not a new building.
``(3) Application to estates and trusts.--In the case of an
estate or trust, the amount of the credit determined under
subsection (a) shall be apportioned between the estate or trust
and the beneficiaries on the basis of the income of the estate
or trust allocable to each.
``(i) Application of At-Risk Rules.--Rules similar to the rules of
section 42(j) shall apply for purposes of this section.
``(j) Certifications and Other Reports to Secretary.--
``(1) Certification with respect to 1st year of credit
period.--Following the close of the 1st taxable year in the
credit period with respect to any qualified distressed area
building, the taxpayer shall certify to the Secretary (at such
time and in such form and in such manner as the Secretary
prescribes)--
``(A) the taxable year, and calendar year, in which
such building was placed in service,
``(B) the adjusted basis and eligible basis of such
building as of the close of the 1st year of the credit
period,
``(C) the maximum applicable percentage and
eligible basis permitted to be taken into account by
the appropriate credit allocating agency, and
``(D) such other information as the Secretary may
require.
In the case of a failure to make the certification required by
the preceding sentence on the date prescribed therefor, unless
it is shown that such failure is due to reasonable cause and
not to willful neglect, no credit shall be allowable by reason
of subsection (a) with respect to such building for any taxable
year ending before such certification is made.
``(2) Reports to the secretary.--The Secretary may require
taxpayers and credit allocating agencies to submit such reports
as the Secretary determines necessary or appropriate to carry
out the purposes of this section.
``(k) Credit Allocated to Building Not to Exceed Amount Necessary
To Assure Project Feasibility.--
``(1) In general.--The distressed area building credit
dollar amount allocated to a building shall not exceed the
amount the credit allocating agency determines is necessary for
the financial feasibility of the building throughout the credit
period.
``(2) Agency evaluation.--In making the determination under
paragraph (1), the credit allocating agency shall consider--
``(A) the sources and uses of funds and the total
financing planned for the building,
``(B) any proceeds or receipts expected to be
generated by reason of tax benefits, and
``(C) the percentage of the distressed area
building credit dollar amount used for building costs
other than the cost of intermediaries.
Subparagraph (C) shall not be applied so as to impede the
development of buildings in hard-to-develop areas. Such a
determination shall not be construed to be a representation or
warranty as to the feasibility or viability of the building.
``(3) Determination made when credit amount applied for and
when building placed in service.--
``(A) In general.--A determination under paragraph
(1) shall be made as of each of the following times:
``(i) The application for the distressed
area building credit dollar amount.
``(ii) The allocation of the distressed
area building credit dollar amount.
``(iii) The date the building is placed in
service.
``(B) Certification as to amount of other
subsidies.--Prior to each determination under
subparagraph (A), the taxpayer shall certify to the
credit allocating agency the full extent of all
Federal, State, and local subsidies which apply (or
which the taxpayer expects to apply) with respect to
the building.
``(l) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Credit To Be Part of General Business Credit.--
(1) Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (10), by striking the
period at the end of paragraph (11) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(12) the distressed area building credit determined under
section 45C(a).''
(2) Subsection (d) of section 39 of such Code is amended by
adding at the end the following new paragraph:
``(7) Distressed area building credit.--No portion of the
unused business credit which is attributable to the credit
determined under section 45C (relating to distressed area
building credit) may be carried to any taxable year ending
before January 1, 1996.''
(3) Subsection (c) of section 196 of such Code (relating to
deduction for certain unused business credits) is amended by
striking ``and'' at the end of paragraph (6), by striking the
period at the end of paragraph (7) and inserting ``, and'', and
by adding at the end the following new paragraph:
``(8) the distressed area building credit determined under
section 45C(a).''
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45C. Credit for nonresidential
buildings in distressed
areas.''
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1995. | Low Income Community Development Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow, as part of the general business credit, a tax credit (equal to a percentage of its basis) for placing a nonresidential building in service in a distressed area, with a greater credit allowed for a new building than an existing building. Provides for calculation of the basis of such buildings according to the rules governing the low-income housing credit.
Defines a distressed area as one in which at least 70 percent of the households have an income that is no more than 80 percent of the area median gross income. Increases the credit with respect to buildings in areas in which income is lower.
Treats rehabilitation expenditures, provided they are above a certain threshold, as a separate new building.
Imposes an annual State distressed area building credit ceiling. | Low Income Community Development Tax Credit Act of 1995 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Opportunities for Military
Members to Use Transportation Efficiently Act of 2014'' or the
``COMMUTE Act of 2014''.
SEC. 2. MILITARY COMMUNITY INFRASTRUCTURE PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish a Military
Community Infrastructure Program under which the Secretary may provide
grants to eligible entities for transportation infrastructure
improvement projects in military communities.
(b) Application.--To be eligible for a grant under the Program, an
eligible entity shall submit to the Secretary an application at such
time, in such form, and containing such information as the Secretary
may require.
(c) Eligible Projects.--
(1) In general.--Grants awarded under the Program may be
used for transportation infrastructure improvement projects,
including--
(A) the construction of roads;
(B) the construction of mass transit and parking
facilities;
(C) the construction of, or upgrades to, pedestrian
access and bicycle access; and
(D) upgrades to public transportation systems.
(2) Location.--To be eligible for a grant under the
Program, a project described in paragraph (1) shall be--
(A) related to improving access to a military
installation, as determined by the Secretary; and
(B) in a location that is--
(i) within or abutting an urbanized area
(as designated by the Bureau of the Census);
and
(ii) designated as a growth community by
the Office of Economic Adjustment.
(d) Considerations.--In awarding grants under the Program, the
Secretary shall give consideration to--
(1) the magnitude of the problem addressed by the project;
(2) the proportion of the problem addressed by the project
that is caused by military installation growth since the year
2000;
(3) the number of servicemembers and civilian employees of
the Department of Defense affected by the problem addressed by
the project;
(4) the size of the community affected by the problem
addressed by the project;
(5) the ability of the relevant eligible entity to execute
the project; and
(6) the extent to which the project resolves the
transportation problem addressed.
(e) Federal Share.--The Federal share of the cost of a project
carried out using grant amounts made available under the Program may
not exceed 80 percent.
SEC. 3. TRAFFIC IMPACT STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct a traffic impact study for any
urbanized area (as designated by the Bureau of the Census) that expects
a significant increase in traffic related to a military installation
within or abutting the urbanized area.
(b) Contents.--A traffic impact study under subsection (a) shall
determine any transportation improvements needed because of an increase
in the number of military personnel, including study of commute sheds
affected by installation-related traffic.
(c) Consultation.--In developing a traffic impact study under
subsection (a), the Secretary shall consult with--
(1) the metropolitan planning organization or regional
transportation planning organization with jurisdiction over the
urbanized area; and
(2) the commander of the appropriate military installation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision thereof;
(B) an owner or operator of public transportation;
(C) a local governmental authority (as such term is
defined in section 5302 of title 49, United States
Code);
(D) a metropolitan planning organization; or
(E) a regional transportation planning
organization.
(2) Metropolitan planning organization and regional
transportation planning organization.--The terms ``metropolitan
planning organization'' and ``regional transportation planning
organization'' have the meanings given those terms in section
134(b) of title 23, United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Defense, acting through the Director of the Office of
Economic Adjustment.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, and any territory or
possession of the United States.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, to carry out this Act,
$200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal
years 2016 through 2019, to remain available until expended. | Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 - Directs the Secretary of Defense, acting through the Director of the Office of Economic Adjustment, to establish a Military Community Infrastructure Program to provide grants to a state or political subdivision, a public transportation owner or operator, a local governmental authority, a metropolitan planning organization (MPO), or a regional transportation planning organization for transportation infrastructure improvement projects in military communities. Directs the Secretary to conduct a traffic impact study for any urbanized area that expects a significant increase in traffic due to a military installation within or abutting such area. | COMMUTE Act of 2014 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Documentation and
Program Improvement Act of 2017''.
SEC. 2. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE ELIGIBILITY
FOR HOME HEALTH SERVICES.
(a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C.
1395f(a)) is amended by inserting before ``For purposes of paragraph
(2)(C),'' the following new sentence: ``For purposes of documentation
for physician certification and recertification made under paragraph
(2) on or after January 1, 2018, and made with respect to home health
services furnished by a home health agency, in addition to using
documentation in the medical record of the physician who so certifies
or the medical record of the acute or post-acute care facility (in the
case that home health services were furnished to an individual who was
directly admitted to the home health agency from such a facility), the
Secretary shall use documentation in the medical record of the home
health agency as supporting material, as appropriate to the case
involved.''.
(b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C.
1395n(a)) is amended by inserting before ``For purposes of paragraph
(2)(A),'' the following new sentence: ``For purposes of documentation
for physician certification and recertification made under paragraph
(2) on or after January 1, 2018, and made with respect to home health
services furnished by a home health agency, in addition to using
documentation in the medical record of the physician who so certifies
or the medical record of the acute or post-acute care facility (in the
case that home health services were furnished to an individual who was
directly admitted to the home health agency from such a facility), the
Secretary shall use documentation in the medical record of the home
health agency as supporting material, as appropriate to the case
involved.''.
SEC. 3. VOLUNTARY SETTLEMENT OF HOME HEALTH CLAIMS.
(a) Settlement Process for Home Health Claims.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall establish a settlement process under which a
home health agency entitled to an eligible administrative
appeal has the option to enter into a settlement with the
Secretary that is reached in a manner consistent with the
succeeding paragraphs of this subsection.
(2) Process and consideration of home health claims.--A
settlement under paragraph (1) with a home health agency that
is with respect to an eligible administrative appeal may only
be reached in accordance with the following process:
(A) A settlement under such paragraph with the home
health agency shall be with respect to all claims by
such agency, subject to paragraph (4), that, as of the
date of such settlement, are under an eligible
administrative appeal.
(B) For the duration of the settlement process with
such agency, an eligible administrative appeal that is
with respect to any such claim by such agency shall be
suspended.
(C) Under the settlement process, the Secretary
shall determine an aggregate amount to be paid to the
home health agency with respect to all claims by such
agency that are under an eligible administrative appeal
in the following manner:
(i) The Secretary shall, for purposes of
applying clause (ii) with respect to all
settlements under paragraph (1), select a
percentage. In selecting such percentage, the
Secretary shall consider the percentage used
under the Centers for Medicare & Medicaid
Services hospital appeals settlement that began
on October 31, 2014.
(ii) The Secretary shall, with respect to
each denied claim for such agency that is under
an eligible administrative appeal, calculate an
amount (referred to in this subparagraph as an
``individual claim amount'') by multiplying the
net payable amount for such claim by the
percentage selected under clause (i).
(iii) Such aggregate amount with respect to
such agency shall be determined by calculating
the total sum of all the individual claim
amounts calculated under clause (ii) with
respect to such agency.
(3) Effect of process.--
(A) Effect of settlement.--
(i) Further appeal.--As part of any
settlement under paragraph (1) between a home
health agency and the Secretary, such home
health agency shall be required to forego the
right to an administrative appeal under section
1869 of the Social Security Act (42 U.S.C.
1395ff) or section 1878 of such Act (42 U.S.C.
1395oo) (including any redetermination,
reconsideration, hearing, or review) with
respect to any claims for home health services
that are subject to the settlement.
(ii) Judicial review.--There shall be no
administrative or judicial review under such
section 1869 or otherwise of a settlement under
paragraph (1) and the claims covered by the
settlement.
(B) Effect of no settlement.--In the event that the
process described in paragraph (2) does not, with
respect to a home health agency, result in a settlement
under paragraph (1) with such agency, any appeal under
such section 1869 that is with respect to a claim by
such agency that was suspended pursuant to paragraph
(2)(B) shall resume under such section.
(4) Coordination with law enforcement.--The Secretary of
Health and Human Services shall establish a process under which
individuals in the Department of Health and Human Services
responsible for executing a settlement under paragraph (1) may,
in order to avoid the inadvertent settlement of cases that
involve fraud or other criminal activity, coordinate with
appropriate law enforcement agencies.
(b) No Entitlement to Settlement Process.--Nothing in this section
shall be construed as creating an entitlement to enter into a
settlement process established pursuant to subsection (a).
(c) Eligible Administrative Appeal Defined.--For purposes of this
section, the term ``eligible administrative appeal'' means an appeal
under section 1869 of the Social Security Act (42 U.S.C. 1395ff)
(including any redetermination, reconsideration, hearing, or review)--
(1) that is with respect to one or more claims that--
(A) are for home health services that--
(i) were furnished on or after January 1,
2011, and before January 1, 2015; and
(ii) were reasonable and necessary under
section 1862(a)(1)(A) of such Act (42 U.S.C.
1395y(a)(1)(A)); and
(B) were timely filed consistent with section
1814(a)(1) of such Act (42 U.S.C. 1395f(a)(1)) or
sections 1835(a)(1) and 1842(b)(3) of such Act (42
U.S.C. 1395n(a)(1), 1395u(b)(3)); and
(2) either--
(A) was timely filed consistent with section 1869
of such Act (42 U.S.C. 1395ff) and is pending; or
(B) for which the applicable time frame to file an
appeal has not expired.
(d) Conforming Amendment.--Section 1869 of the Social Security Act
(42 U.S.C. 1395ff) is amended by adding at the end the following new
subsection:
``(j) Application With Respect to Certain Home Health Claims.--For
the application of the provisions of this section with respect to
certain claims for home health services that were furnished on or after
January 1, 2011, and before January 1, 2015, see section 3 of the Home
Health Documentation and Program Improvement Act of 2017.''. | Home Health Documentation and Program Improvement Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to use an individual's medical record from a home-health agency, as appropriate, to support certification of such individual's Medicare eligibility for home-health services. The bill requires the CMS to establish a process for home-health agencies that are entitled to an administrative appeal after being denied eligibility for Medicare reimbursement to, instead, enter into a settlement with the CMS. | Home Health Documentation and Program Improvement Act of 2017 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Mammography Coverage Act of
1993''.
SEC. 2. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)), as amended by the Omnibus Budget Reconciliation Act
of 1990, is amended--
(1) by striking ``and'' at the end of paragraph (21);
(2) in paragraph (24), by striking the comma at the end and
inserting a semicolon;
(3) by redesignating paragraphs (22), (23), and (24) as
paragraphs (21), (22), and (23), respectively, and by
transferring and inserting paragraph (25) after paragraph (23),
as so redesignated; and
(4) by inserting after paragraph (23) the following new
paragraph:
``(24) screening mammography (as defined in subsection
(t)(1)) that meets the quality standards established under
section 1834(c)(3), to the extent consistent with the frequency
permitted under subsection (t)(2); and''.
(b) Frequency of Coverage.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended by adding at the end the following new
subsection:
``(t) Coverage of Screening Mammography.--
``(1) Definition.--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.
``(2) Frequency covered.--
``(A) In general.--Subject to revision by the
Secretary under subparagraph (B)--
``(i) Medical assistance is not required to
be made under this title for screening
mammography performed on a woman under 35 years
of age.
``(ii) Medical assistance is available
under this title for only 1 screening
mammography performed on a woman over 34 years
of age, but under 40 years of age.
``(iii) In the case of a woman over 39
years of age, but under 50 years of age, who--
``(I) is at a high risk of
developing breast cancer (as determined
pursuant to factors identified by the
Secretary), medical assistance is not
required to be made available under
this title for a screening mammography
performed within 11 months of a
previous screening mammography, or
``(II) is not at a high risk of
developing breast cancer, medical
assistance is not required to be made
available under this title for a
screening mammography performed within
23 months of a previous screening
mammography.
``(iv) In the case of a woman over 49 years
of age, medical assistance is not required to
be made available under this title for
screening mammography performed within 11
months of a previous screening mammography.
``(B) Revision of frequency.--
``(i) Review.--The Secretary, in
consultation with the Director of the National
Cancer Institute, shall review periodically
appropriate frequency for performing screening
mammography, based on age and such other
factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which medical
assistance is required to be made available
under this title, but no such revision shall
apply to screening mammography performed before
January 1, 1993.''.
(c) Conforming Amendments.--(1) Section 1902(a)(10(A) of such Act
(42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)''
and inserting ``(17), (21) and (24)''.
(2) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is
amended--
(A) by striking ``(5) and (17)'' and inserting ``(5), (17),
and (24)''; and
(B) by striking ``through (21)'' and inserting ``through
(24)''.
(3) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking
``through (22)'' and inserting ``through (24)''.
(4) Sections 1916(a)(2)(D) and 1916(b)(2)(D) (42 U.S.C.
1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting
``services described in section 1905(a)(24)'' before ``family planning
services''.
(d) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsections (a), (b), and (c) shall apply to
screening mammography performed on or after January 1, 1994, without
regard to whether or not final regulations to carry out such amendments
have been promulgated by such date.
(2) 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
requirement 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 this
additional requirement 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 the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature. | Medicaid Mammography Coverage Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests. | Medicaid Mammography Coverage Act of 1993 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hass Avocado Quality Assurance Act
of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Hass avocados are an integral food source in the United
States that are a valuable and healthy part of the human diet
and are enjoyed by millions of persons every year for a
multitude of everyday and special occasions.
(2) Hass avocados are a significant tree fruit crop grown
by many individual producers both domestically and abroad.
(3) Hass avocados move in interstate and foreign commerce
and Hass avocados that do not move in interstate or foreign
channels of commerce but only in intrastate commerce directly
affect interstate commerce of Hass avocados.
(4) The maintenance and expansion of markets in existence
on the date of enactment of this Act, and the development of
new or improved markets or uses for Hass avocados, are needed
to preserve and strengthen the economic viability of the
domestic Hass avocado industry for the benefit of producers,
importers, and other persons associated with the producing,
importing, marketing, processing, and consuming of Hass
avocados.
(5) The marketing of immature Hass avocados adversely
affects demand for all Hass avocados because immature avocados
are unpalatable and unfit for human consumption and, when
marketed, result in dissatisfied customers who will cease
purchasing Hass avocados.
(6) There is no better method of ensuring the maturity of
Hass avocados than through requiring that Hass avocados meet an
established mandatory minimum maturity standard, as measured by
percentage of dry matter.
(7) The application of consistent and mandatory minimum
maturity standards for all Hass avocados is necessary for the
maintenance, expansion, and development of markets for Hass
avocados.
(b) Purpose.--It is the purpose of this Act to set forth certain
mandatory quality standards in the form of mandatory minimum maturity
requirements for all Hass avocados, and to provide the Secretary with
the authority necessary to ensure that such standards are met, with the
intention of--
(1) strengthening the position of the Hass avocado industry
in the domestic marketplace; and
(2) maintaining, developing, and expanding markets and uses
for Hass avocados.
SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS.
Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) is amended by adding at the end the following:
``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS.
``(a) In General.--Not later than 180 days after the date of the
enactment of the Hass Avocado Quality Assurance Act of 2007, the
Secretary of Agriculture shall issue final regulations to ensure that
all Hass avocados sold to consumers in the United States meet the
minimum maturity standards (as measured by percentage of dry matter)
for sale to a consumer of the State of California, as required by
regulations issued pursuant to chapter 9 of division 17 of the
California Food and Agricultural Code or any succeeding provision of
California law governing the minimum maturity standards of Hass
avocados for sale to a consumer.
``(b) Exceptions.--Subsection (a) and the regulations issued
pursuant to subsection (a) shall not apply to Hass avocados--
``(1) intended for consumption by charitable institutions;
``(2) intended for distribution by relief agencies;
``(3) intended for commercial processing into products; or
``(4) that the Secretary determines should not be subject
to such subsection or such regulations.
``(c) Use of Existing Inspectors.--The Secretary shall, to the
greatest extent practicable, use inspectors that inspect avocados for
compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C.
608e-1), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, to conduct inspections under this section.
``(d) Penalties.--
``(1) Diversion.--The Secretary may divert, export, or
repack and reinspect any Hass avocados that do not meet the
requirements of this section or the regulations issued pursuant
to this section.
``(2) Civil penalties.--The Secretary may require any
person who violates this section or the regulations issued
pursuant to this section to--
``(A) forfeit to the United States a sum equal to
the value of the commodity at the time of violation,
which forfeiture shall be recoverable in a civil suit
brought in the name of the United States; or
``(B) on conviction, be fined not less than $50 or
more than $5,000 for each violation.
``(e) Fees.--The Secretary may prescribe and collect fees to cover
the costs of providing for the inspection of Hass avocados under this
section. All fees and penalties collected shall be credited to the
accounts that incur such costs and shall remain available until
expended without fiscal year limitation.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 4. SEVERABILITY.
If any provision of this Act or the amendment made by this Act, or
the application of such provision to any person or circumstance, is
held invalid, the remainder of this Act and the amendment made by this
Act, and the application of such provision to other persons not
similarly situated or to other circumstances, shall not be affected by
such invalidation. | Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California.
Provides exceptions for commercial processing and charitable and relief uses.
Sets forth penalty provisions. | A bill to amend the Agricultural Marketing Act of 1946 to provide for the application of mandatory minimum maturity standards applicable to all domestic and imported Hass avocados. | [
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SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN
OR LOSS.
(a) In General.--Part II of subchapter O of chapter 1 (relating to
basis rules of general application) is amended by redesignating section
1023 as section 1024 and by inserting after section 1022 the following
new section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by a taxpayer (other than a corporation) of an
indexed asset which has been held for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) common stock in a C corporation (other than a
foreign corporation), and
``(B) tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) stock of a foreign investment
company,
``(ii) stock in a passive foreign
investment company (as defined in section
1296),
``(iii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2), and
``(iv) stock in a foreign personal holding
company.
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (c)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for corporate shareholders.--Under
regulations--
``(i) in the case of a distribution by a
qualified investment entity (directly or
indirectly) to a corporation--
``(I) the determination of whether
such distribution is a dividend shall
be made without regard to this section,
and
``(II) the amount treated as gain
by reason of the receipt of any capital
gain dividend shall be increased by the
percentage by which the entity's net
capital gain for the taxable year
(determined without regard to this
section) exceeds the entity's net
capital gain for such year determined
with regard to this section, and
``(ii) there shall be other appropriate
adjustments (including deemed distributions) so
as to ensure that the benefits of this section
are not allowed (directly or indirectly) to
corporate shareholders of qualified investment
entities.
For purposes of the preceding sentence, any amount
includible in gross income under section 852(b)(3)(D)
shall be treated as a capital gain dividend and an S
corporation shall not be treated as a corporation.
``(C) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(D) Exception for certain taxes imposed at entity
level.--
``(i) Tax on failure to distribute entire
gain.--If any amount is subject to tax under
section 852(b)(3)(A) for any taxable year, the
amount on which tax is imposed under such
section shall be increased by the percentage
determined under subparagraph (B)(i)(II). A
similar rule shall apply in the case of any
amount subject to tax under paragraph (2) or
(3) of section 857(b) to the extent
attributable to the excess of the net capital
gain over the deduction for dividends paid
determined with reference to capital gain
dividends only. The first sentence of this
clause shall not apply to so much of the amount
subject to tax under section 852(b)(3)(A) as is
designated by the company under section
852(b)(3)(D).
``(ii) Other taxes.--This section shall not
apply for purposes of determining the amount of
any tax imposed by paragraph (4), (5), or (6)
of section 857(b).
``(2) Adjustments to interests held in entity.--
``(A) Regulated investment companies.--Stock in a
regulated investment company (within the meaning of
section 851) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the average of the fair market values
of the indexed assets held by such company at
the close of each month during such quarter,
bears to
``(ii) the average of the fair market
values of all assets held by such company at
the close of each such month.
``(B) Real estate investment trusts.--Stock in a
real estate investment trust (within the meaning of
section 856) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the fair market value of the indexed
assets held by such trust at the close of such
quarter, bears to
``(ii) the fair market value of all assets
held by such trust at the close of such
quarter.
``(C) Ratio of 80 percent or more.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 80
percent or more, such ratio for such quarter shall be
100 percent.
``(D) Ratio of 20 percent or less.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 20
percent or less, such ratio for such quarter shall be
zero.
``(E) Look-thru of partnerships.--For purposes of
this paragraph, a qualified investment entity which
holds a partnership interest shall be treated (in lieu
of holding a partnership interest) as holding its
proportionate share of the assets held by the
partnership.
``(3) Treatment of return of capital distributions.--Except
as otherwise provided by the Secretary, a distribution with
respect to stock in a qualified investment entity which is not
a dividend and which results in a reduction in the adjusted
basis of such stock shall be treated as allocable to stock
acquired by the taxpayer in the order in which such stock was
acquired.
``(4) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(f) Other Pass-Thru Entities.--
``(1) Partnerships.--
``(A) In general.--In the case of a partnership,
the adjustment made under subsection (a) at the
partnership level shall be passed through to the
partners.
``(B) Special rule in the case of section 754
elections.--In the case of a transfer of an interest in
a partnership with respect to which the election
provided in section 754 is in effect--
``(i) the adjustment under section
743(b)(1) shall, with respect to the transferor
partner, be treated as a sale of the
partnership assets for purposes of applying
this section, and
``(ii) with respect to the transferee
partner, the partnership's holding period for
purposes of this section in such assets shall
be treated as beginning on the date of such
adjustment.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders. This section shall
not apply for purposes of determining the amount of any tax
imposed by section 1374 or 1375.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Indexing adjustment disregarded in determining loss
on sale of interest in entity.--Notwithstanding the preceding
provisions of this subsection, for purposes of determining the
amount of any loss on a sale or exchange of an interest in a
partnership, S corporation, or common trust fund, the
adjustment made under subsection (a) shall not be taken into
account in determining the adjusted basis of such interest.
``(g) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(i) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (c)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(6) Collapsible corporations.--The application of section
341(a) (relating to collapsible corporations) shall be
determined without regard to this section.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 is amended by striking the item relating to
section 1023 and by inserting after the item relating to section 1022
the following new item:
``Sec. 1022. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1023. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions after December 31, 2006, in taxable years ending
after such date. | Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets (including C corporation common stock and tangible property used in a trade or business) held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets.
Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons. | To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Teacher
Preparation Enhancement Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Well qualified teachers and paraprofessionals are
critical to the success of the Nation's students.
(2) In order to meet the changing demands of their jobs and
the Federal requirements under the No Child Left Behind Act of
2001 (Public Law 107-110), teachers and prospective teachers
must have access to high-quality teacher training.
(3) The 1,200 community colleges across the United States
play an important role in training teachers, offering
professional development, and continuing education.
(4) Community colleges enroll more than 6,000,000 credit
students or 44 percent of all undergraduates in the United
States.
(5) At least 25 percent of undergraduates receiving a
teaching degree began their postsecondary education at a
community college.
(6) Due to teacher attrition, teacher retirement, and a
growing student population, the Nation will require an
additional 2,400,000 teachers over the next decade.
(7) If left unchanged, the production rate of teachers is
200,000 short of meeting the expected future demand.
(8) In subjects such as mathematics, science, special
education, and bilingual education, the Nation risks a severe
teacher shortfall.
(9) Community colleges offer accessibility and a link to
education opportunities present at 4-year institutions of
higher education.
(10) There is no systematic infrastructure or resources in
place to advance more students from community colleges to 4-
year institutions of higher education and into the teaching
profession.
(11) Many 4-year institutions of higher education and
community colleges have engaged in collaborative agreements for
teacher training.
(12) To meet the Nation's needs for highly qualified
teachers, it is appropriate that the community college role in
teacher training be enhanced and that cooperation between
community colleges and 4-year institutions of higher education
be increased.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) foster collaboration between 4-year institutions of
higher education and community colleges to enhance teacher
preparation as required under the No Child Left Behind Act of
2001 (Public Law 107-110);
(2) enhance the opportunity for community college students
in teacher training programs to complete a baccalaureate degree
in kindergarten through grade 12 education;
(3) promote the development of best practices for
coordinating teacher training between community colleges and 4-
year institutions of higher education; and
(4) expand community college teaching infrastructure to
provide, among other things, professional development as called
for under the No Child Left Behind Act of 2001 (Public Law 107-
110) to existing teachers.
SEC. 4. TEACHER TRAINING ENHANCEMENT.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--TEACHER TRAINING ENHANCEMENT
``SEC. 231. DEFINITIONS.
``In this part:
``(1) 4-year institution of higher education.--The term `4-
year institution of higher education' means an institution of
higher education, as defined in section 101(a), whose highest
undergraduate degree offered is predominantly the baccalaureate
degree.
``(2) Community college.--The term `community college' has
the meaning given the term `junior or community college' in
section 312(f).
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity'
means--
``(i) a statewide governing or coordinating
board with jurisdiction over community colleges
and 4-year institutions of higher education;
``(ii) a partnership between a statewide
governing or coordinating board with
jurisdiction over community colleges and a
statewide governing or coordinating board with
jurisdiction over 4-year institutions of higher
education;
``(iii) a partnership between 1 or more
community colleges and 1 or more 4-year
institutions of higher education; or
``(iv) a community college offering a
teacher preparation program that provides all,
or a significant portion of, teacher training,
postbaccalaureate certification, and
professional development.
``(B) Inclusions.--The term `eligible entity' under
clauses (i) and (ii) of subparagraph (A) may include
other institutions with responsibility for teacher
preparation or teacher standards.
``(4) Highly qualified.--The term `highly qualified' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(5) Professional development.--The term `professional
development' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
``SEC. 232. GRANT PROGRAM.
``The Secretary is authorized to award grants to eligible entities
to enable such entities to pay the Federal share of the costs of
carrying out teacher training or preparation programs.
``SEC. 233. APPLICATION.
``An eligible entity that desires to receive a grant under this
part shall submit to the Secretary an application at such time, in such
manner, and containing such information or assurances as the Secretary
may require.
``SEC. 234. AWARDING OF GRANTS.
``(a) Priority.--In awarding grants under this part, the Secretary
shall give priority to eligible entities that propose any of the
following:
``(1) Grant funds will be used to provide for teacher
preparation in geographic areas with shortages of highly
qualified teachers.
``(2) Grant funds will be used to prepare teachers in
kindergarten through grade 12 subject content areas that have a
shortage of highly qualified teachers.
``(3) Grant funds will be used to carry out innovative
programs to address teacher training or teacher preparation.
``(4) Grant funds will be used to conduct outreach into
secondary schools.
``(5) Grant funds will be used to carry out a plan to
disseminate information.
``(b) Geographic Diversity.--The Secretary shall ensure that grants
are awarded in a geographically diverse manner.
``(c) Duration.--Grants awarded under this part shall be for 5
years in duration.
``SEC. 235. USES OF FUNDS.
``(a) Mandatory Use.--An eligible entity that receives a grant
under this section shall use the grant funds to carry out not less than
1 of the following:
``(1) Enhancing the collaboration of teacher training
between community colleges and 4-year institutions of higher
education.
``(2) The development of programs that provide
opportunities for community college students to complete a
baccalaureate degree in kindergarten through grade 12
education.
``(3) The establishment of partnerships in teacher training
between community colleges and 4-year institutions of higher
education.
``(4) The establishment of programs at community colleges
that prepare students to enter teacher preparation programs at
4-year institutions of higher education.
``(5) Developing programs to provide pathways for secondary
school students to pursue careers in teaching.
``(6) Establishing postbaccalaureate teacher certification
programs.
``(b) Permissive Use of Funds.--An eligible entity that receives a
grant under this section may use the grant funds to carry out any of
the following:
``(1) The creation of kindergarten through grade 12 teacher
education programs and teacher aid programs to meet
requirements under the Elementary and Secondary Education Act
of 1965.
``(2) The coordination of teacher and paraprofessional
curricula for use at community colleges and 4-year institutions
of higher education.
``(3) The establishment of curricula and programs for
professional development for teachers.
``SEC. 236. REPORT AND EVALUATION.
``(a) Annual Report.--An eligible entity that receives a grant
under this section shall submit an annual report to the Secretary on--
``(1) the progress made toward the goals of the grant;
``(2) the activities supported by the grant;
``(3) the number of students served;
``(4) when applicable, the ability to place students
graduating from schools supported by a grant under this part;
and
``(5) when applicable, the number of students graduating
from schools supported by a grant under this part who meet the
requirements for highly qualified teachers under the Elementary
and Secondary Education Act of 1965.
``(b) Evaluation.--The Secretary shall review and evaluate the
reports submitted under subsection (a).
``SEC. 237. MATCHING REQUIREMENT.
``(a) In General.--The Federal share of the costs of carrying out a
teacher training or preparation program shall be--
``(1) 65 percent for the first year of the grant;
``(2) 60 percent for the second year of the grant;
``(3) 55 percent for the third year of the grant;
``(4) 50 percent for the fourth year of the grant; and
``(5) 45 percent for the fifth year of the grant.
``(b) In Cash or In-Kind.--The non-Federal share of the costs of
carrying out a teacher training or preparation program may be provided
in cash or in the form of in-kind contributions.
``SEC. 238. REPORT BY THE SECRETARY.
``The Secretary shall review and submit an annual report to
Congress on the activities supported under this part and the impact of
this part with respect to--
``(1) producing highly qualified teachers and teachers
aids;
``(2) helping address teacher shortages, particularly in
rural and urban areas; and
``(3) enhancing the diversity of the Nation's teaching
force.
``SEC. 239. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$25,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''. | Community College Teacher Preparation Enhancement Act of 2004 - Amends the Higher Education Act of 1965 to establish a teacher training enhancement program. Authorizes the Secretary of Education to award matching grants to eligible entities for teacher training or preparation.
Includes among eligible entities: (1) statewide boards with jurisdiction over community colleges and four-year institutions of higher education (IHEs); (2) partnerships between statewide boards with jurisdiction over community colleges and statewide boards with jurisdiction over four-year IHEs; (3) partnerships between community colleges and four-year IHEs; or (4) community colleges offering teacher preparation programs that provide all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development.
Gives priority to proposals for using grants for: (1) teacher preparation in geographic areas with shortages of highly qualified teachers; (2) preparing teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers; (3) innovative programs to address teacher training or teacher preparation; (4) outreach into secondary schools; or (5) plans to disseminate information. Requires grantees to use grant funds for at least one of specified mandatory uses. Sets forth permissive uses of grants. | A bill to amend title II of the Higher Education Act of 1965 to enhance teacher training programs, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Fraud Enforcement and
Prevention Act of 2010''.
SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID
FRAUD.
(a) In General.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended--
(1) in subsection (a), by striking ``$10,000 or imprisoned
for not more than one year'' and inserting ``$20,000 or
imprisoned for not more than two years''; and
(2) in each of subsections (a), (b)(1), (b)(2), (c), and
(d), by striking ``$25,000 or imprisoned for not more than five
years'' and inserting ``$50,000 or imprisoned for not more than
10 years''.
(b) Illegal Distribution of Medicare or Medicaid Beneficiary
Identification or Billing Privileges.--Section 1128B of such Act (42
U.S.C. 1320a-7b) is amended by adding at the end the following new
subsection:
``(g) Whoever knowingly, intentionally, and with the intent to
defraud purchases, sells, or distributes, or arranges for the purchase,
sale, or distribution of two or more Medicare or Medicaid beneficiary
identification numbers or billing privileges under title XVIII or title
XIX shall be imprisoned for not more than three years or fined under
title 18, United States Code (or, if greater, an amount equal to the
monetary loss to the Federal and any State government as a result of
such acts), or both.''.
(c) Effective Date.--The amendments made by this section shall
apply to acts committed on or after the date of the enactment of this
Act.
SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID
FRAUD.
(a) Civil Monetary Penalties Law Alignment and Other Changes.--
(1) Section 1128A(a) of the Social Security Act (42 U.S.C.
1320a-7a(a)) is amended--
(A) in paragraph (1), by striking ``to an officer,
employee, or agent of the United States, or of any
department or agency thereof, or of any State agency
(as defined in subsection (i)(1)),'';
(B) by inserting after paragraph (10), as added by
section 6402(d)(2) of the Patient Protection and
Affordable Care Act (Public Law 111-148) the following
new paragraphs:
``(11) conspires to commit a violation of this section; or
``(12) knowingly makes, uses, or causes to be made or used,
a false record or statement material to an obligation to pay or
transmit money or property to a Federal health care program, or
knowingly conceals or knowingly and improperly avoids or
decreases an obligation to pay or transmit money or property to
a Federal health care program;'';
(C) in the first sentence--
(i) by striking ``or in cases under
paragraph (9)'' and inserting ``in cases under
paragraph (9)''; and
(ii) by striking ``fact)'' and inserting
``fact), in cases under paragraph (11), $50,000
for any violation described in this section
committed in furtherance of the conspiracy
involved, and in cases under paragraph (12),
$50,000 for each false record or statement, or
concealment, avoidance, or decrease''; and
(D) in the second sentence, by striking ``material
fact).'' and inserting ``material fact); or in cases
under paragraph (11), an assessment of not more than 3
times the total amount that would otherwise apply for
any violation described in this section committed in
furtherance of the conspiracy involved; or in cases
under paragraph (12), an assessment of not more than 3
times the total amount of the obligation to which the
false record or statement was material or that was
avoided or decreased.''.
(2) Section 1128A(c)(1) of the Social Security Act (42
U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and
inserting ``10 years''.
(3) Section 1128A(i) of the Social Security Act (42 U.S.C.
1320a-7a(i)) is amended--
(A) by amending paragraph (2) to read as follows:
``(2) The term `claim' means any application, request, or
demand, whether under contract, or otherwise, for money or
property for items and services under a Federal health care
program (as defined in section 1128B(f)), whether or not the
United States or a State agency has title to the money or
property, that--
``(A) is presented or caused to be presented to an
officer, employee, or agent of the United States, or of
any department or agency thereof, or of any State
agency (as defined in subsection (i)(1)); or
``(B) is made to a contractor, grantee, or other
recipient if the money or property is to be spent or
used on the Federal health care program's behalf or to
advance a Federal health care program interest, and if
the Federal health care program--
``(i) provides or has provided any portion
of the money or property requested or demanded;
or
``(ii) will reimburse such contractor,
grantee, or other recipient for any portion of
the money or property which is requested or
demanded.'';
(B) by amending paragraph (3) to read as follows:
``(3) The term `item or service' means, without limitation,
any medical, social, management, administrative, or other item
or service used in connection with or directly or indirectly
related to a Federal health care program.'';
(C) in paragraph (7)--
(i) by striking ``term `should know'
means'' and inserting ``terms `knowing',
`knowingly', and `should know' mean'';
(ii) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
(iii) by inserting before subparagraph (B),
as redesignated by clause (ii), the following
new subparagraph:
``(A) has actual knowledge of the information;'';
and
(iv) in the matter following subparagraph
(C), as redesignated by clause (ii)--
(I) by inserting ``require'' after
``and''; and
(II) by striking ``is required'';
and
(D) by adding at the end the following new
paragraphs:
``(8) The term `obligation' means an established duty,
whether or not fixed, arising from an express or implied
contractual, grantor-grantee, or licensor licensee
relationship, from a fee-based or similar relationship, from
statute or regulation, or from the retention of any
overpayment.
``(9) The term `material' means having a natural tendency
to influence, or be capable of influencing, the payment or
receipt of money or property.''.
(b) Exclusion of Responsible Corporate Officials.--Section 1128(b)
of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by
striking clauses (i) and (ii) of paragraph (15)(A) and inserting the
following:
``(i) who has or had a direct or indirect
ownership or control interest in a sanctioned
entity at the time of and who knew or should
have known (as defined in section 1128(i)(7))
of any of the conduct that formed a basis for
the conviction or exclusion described in
subparagraph (B); or
``(ii) who is or was an officer or managing
employee (as defined in section 1126(b)) of
such an entity at the time of any of the
conduct that formed a basis for the conviction
or exclusion so described.''.
(c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the
Social Security Act (42 U.S.C. 42 U.S.C. 1395y), as added by section
6402(h) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended by striking ``may'' and inserting ``shall''.
(d) Civil Monetary Penalties for False Statements or Delaying
Inspections.--Paragraph (9) of section 1128A(a) of the Social Security
Act (42 U.S.C. 1320a-7a(a)), as added by section 6408(a) of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
inserting ``or to timely provide information in response to a request
authorized by section 1128J(b),'' after ``regulations),''.
SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC
TECHNOLOGY PILOT PROGRAM.
(a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395cc(j)), as inserted by section 6401(a)(3)
of the Patient Protection and Affordable Care Act (Public Law 111-148),
is amended by striking ``may'' and inserting ``shall''.
(b) Access to Real Time Claims and Payment Data.--
Section1128J(a)(2) of the Social Security Act, as added by section
6402(a) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended--
(1) by inserting ``including real time claims and payment
data,'' after ``access to claims and payment data''; and
(2) by adding at the end the following sentence: ``In
carrying out this section, the Inspector General of the
Department of Health and Human Services, in consultation with
the Attorney General, shall implement mechanisms for the
sharing of information about suspected fraud relating to the
Federal health care programs under titles XVIII, XIX, and XXI
with other appropriate law enforcement officials.''.
(c) Biometric Technology Pilot Program.--
(1) In general.--By not later than one year after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall carry out a 5-year pilot program that implements
biometric technology to ensure that individuals entitled to
benefits under part A of title XVIII of the Social Security Act
or enrolled under part B of such title are physically present
at the time and place of receipt of certain items and services
(specified by the Secretary) for which payment may be made
under such title. Under such pilot program the Secretary may
provide for financial incentives to encourage voluntary
participation of providers of services (as defined in section
1861(u) of such Act) and suppliers (as defined in section
1861(d) of such Act).
(2) Reports.--The Secretary of Health and Human Services
shall, for each of the third, fourth, and fifth years of the
pilot program under paragraph (1), submit to Congress a report
on the effectiveness of the pilot program in reducing the
occurrence of waste, fraud, and abuse in the Medicare program
under title XVIII of the Social Security Act.
(3) Authorization of appropriations.--For purpose of
carrying out paragraph (1), there is authorized to be
appropriated such sums as may be necessary.
SEC. 5. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on Medicare administrative contractors under section
1874A of the Social Security Act, including Recovery Audit Contractors,
regarding the following areas:
(1) Training and expertise in identifying fraud, including
the education levels of the key individuals tasked to identify
or refer potential cases of fraud, and whether the Centers for
Medicare & Medicaid Services should be providing more training
to contractors, or require contractors to hire experts with
greater medical training.
(2) Acquisition and implementation of data mining software
among Medicare administrative contractors, if applicable, and
the ability or availability of such software to provide real-
time data mining capabilities.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete the study under this section and submit a report to
Congress regarding the findings of the study and recommendations for
legislation and administrative action. | Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid).
Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud.
Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim.
Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements.
Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data.
Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials.
Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made.
Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors. | To provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and a GAO study on Medicare administrative contractors. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arsenic-Treated Wood Prohibition
Act''.
SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED WOOD; AMENDMENT
TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT.
(a) In General.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 as sections 34 and
35, respectively; and
(2) by inserting after section 32 the following:
``SEC. 33. PROHIBITION AGAINST USE OF ARSENIC-TREATED WOOD TO
MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES.
``(a) In General.--Notwithstanding any other provision of law, not
later than 90 days after the date of the enactment of this section, the
Administrator shall promulgate regulations that prohibit--
``(1) the use of arsenic-treated wood to manufacture any
product or structure that may be used for or by children,
including--
``(A) playground equipment, play houses, or other
structures designed for frequent use specifically by
children;
``(B) fences;
``(C) walkways;
``(D) decks;
``(E) docks and boat houses; and
``(F) structures or products used in residential
landscaping;
``(2) the use of arsenic-treated wood to manufacture mulch,
compost, or soil-amendment products;
``(3) the use of arsenic-treated wood to manufacture
railroad ties, marine pilings, or utility poles, except that
this subsection does not apply to such a product or structure
to the extent that the Administrator determines that the use of
arsenic-treated wood in the product or structure is safe; and
``(4) such additional uses of arsenic-treated wood to
manufacture products or structures as the Administrator
determines to be appropriate, whether such products or
structures are intended for residential use or commercial use.
``(b) Definitions.--For purposes of this section:
``(1) Arsenic-treated wood.--The term `arsenic-treated
wood' means wood that is treated with a pesticide that is a
chromated copper arsenical or is treated with any other
arsenical pesticide.
``(2) Manufacture.--The term `manufacture', with respect to
the use of arsenic-treated wood in products and structures
described in subsection (a), includes--
``(A) the creation of a product designed to be
assembled by a consumer; and
``(B) the building of a product on behalf of a
consumer in accordance with specifications given by the
consumer.''.
(b) Risk Assessment.--
(1) In general.--Not later than March 15, 2004, the
Administrator, in consultation with the Consumer Products
Safety Commission, shall publish in the Federal Register an
assessment of the risks posed by the production, cutting,
milling, sanding, mulching, and use of CCA-treated wood.
(2) Methodology.--In conducting the risk assessment, the
Administrator shall follow the methodology recommended by the
Scientific Advisory Panels that were organized by the
Environmental Protection Agency and that met in October 2001.
(3) Definitions.--For purposes of this subsection:
(A) The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(B) The term ``CCA-treated wood'' means wood that
is treated with a pesticide that is a chromated copper
arsenical.
(c) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the items relating to sections 30 and 31
and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
``(a) In general.
``(b) Definitions.
``(1) Arsenic-treated wood.
``(2) Manufacture.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
SEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMENDMENT TO SOLID WASTE
DISPOSAL ACT.
Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e))
is amended by adding at the end the following:
``(3)(A) Discarded arsenic-treated wood and sawdust from such wood
shall be deemed, for purposes of this Act, to be a listed hazardous
waste under subsection (b)(1) and shall be disposed of in a lined
landfill with a leachate collection system and groundwater monitoring
system (or such other system as the Administrator determines is
appropriate to capture arsenic and prevent arsenic from contaminating
groundwater).
``(B) As used in subparagraph (A):
``(i) The term `arsenic-treated wood' means wood that is
treated with a pesticide that is a chromated copper arsenical
or is treated with any other arsenical pesticide.
``(ii) The term `pesticide' has the meaning given such term
in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).''.
SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND
SCHOOL SYSTEMS.
(a) Educational Program.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation with the
Consumer Product Safety Commission, shall develop and conduct an
educational program to assist consumers, State and local governments,
school systems, and other institutions in--
(1) testing arsenic levels in arsenic-treated wood and soil
surrounding arsenic-treated wood;
(2) making decisions relating to the containment and
removal of arsenic-treated wood from homes, playgrounds,
schools, and other facilities designed primarily for use by
children; and
(3) providing guidance regarding the decontamination of
soils, mulches, and other media under structures made of
arsenic-treated wood where children or pets may be exposed to
arsenic.
(b) Assistance for Schools.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
pilot program to provide grants and technical assistance to
school systems to assist the school systems in--
(A) removing playground and other equipment
containing arsenic-treated wood from grounds of the
school systems;
(B) applying sealant to arsenic-treated wood
structures; and
(C) conducting any necessary remediation relating
to use of arsenic-treated wood.
(2) Certain uses of grant.--The Administrator may authorize
a grant under paragraph (1) to be used for the purpose of
replacing playground equipment and related items that are
removed because the equipment or items contain arsenic-treated
wood. With respect to any portion of a grant under such
paragraph that is authorized to be used for such purpose, the
Administrator may require that the applicant involved make non-
Federal contributions toward the cost of replacing the
equipment or items.
(c) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``arsenic-treated wood'' means wood that is
treated with a pesticide that is a chromated copper arsenical
or is treated with any other arsenical pesticide.
(3) The term ``pesticide'' has the meaning given such term
in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2004 and each subsequent fiscal year.
SEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION
MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD.
Not later than August 1, 2004, the Consumer Product Safety
Commission shall submit to the Congress a report on the status of the
efforts of the Commission to identify stains, sealants, or other
measures for reducing the exposure of children to arsenic from products
or structures that--
(1) are constructed in whole or part with arsenic-treated
wood, as defined in section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as added by section 2 of this
Act;
(2) may be used for or by children; and
(3) will remain in use after the effective date of the
prohibition established in regulations under such section 33. | Arsenic-Treated Wood Prohibition Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the use of arsenic-treated wood (wood treated with a pesticide that is a chromated copper arsenical or another arsenical pesticide) in the manufacture of any product that may be used for or by children or for mulch, compost, a soil amendment, certain other construction and utility uses, and additional uses as determined to be appropriate.
Requires the Administrator to conduct an assessment of the risks posed by the production, processing, and use of CCA-treated wood (wood treated with a pesticide that is a chromated copper arsenical).
Amends the Solid Waste Disposal Act to: (1) list arsenic-treated wood as a hazardous waste; and (2) require disposal of discarded arsenic-treated wood in a lined landfill with a leachate system and groundwater monitoring system.
Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning arsenic-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing arsenic-treated wood and remediation activities.
Requires the Consumer Product Safety Commission to report to Congress on its efforts to identify measures (including stains and sealants) for reducing children's exposure to arsenic from products or structures constructed with arsenic-treated wood that will remain in use after the prohibition established by this Act. | To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to establish prohibitions and requirements relating to arsenic-treated wood, and for other purposes. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Select Agent
Program and Biosafety Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION
Sec. 101. Reauthorization of select agent program.
Sec. 102. Select agent program review.
Sec. 103. Revision of the list of biological agents and toxins.
Sec. 104. Sharing information with trusted state partners.
Sec. 105. Improvements to inventorying and monitoring of agents.
Sec. 106. Smallpox definition clarification.
Sec. 107. Plan for surge in samples of biological agents and toxins.
TITLE II--BIOSAFETY IMPROVEMENTS
Sec. 201. Improvement of oversight of biocontainment laboratories.
Sec. 202. Improvement of training for laboratory personnel.
Sec. 203. Biological laboratory incident reporting system.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control and Prevention
regulates the possession, use, and transfer of select agents
and toxins that have the potential to pose a severe threat to
public health and safety.
(2) The Animal and Plant Health Inspection Service
regulates the possession, use, and transfer of select agents
and toxins that have the potential to pose a severe threat to
animal or plant health, or to animal or plant products.
(3) As of April 2008, there are 72 select agents and
toxins, 13 of which are found naturally in the United States.
(4) As of April 2008, there are 325 entities registered
with the Centers for Disease Control and Prevention to work
with select agents and toxins and 75 entities registered with
the Animal and Plant Health Inspection Service. There are 9,918
individuals approved to work with select agents and toxins
through the Centers for Disease Control and Prevention and
4,336 through the Animal and Plant Health Inspection Service.
(5) Biocontainment laboratories are used by scientists to
study infectious materials safely and effectively. Laboratory
biological research is categorized by the safety level at which
it is performed. There are 4 safety levels, termed Biosafety
Level (BSL) 1 through 4.
TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION
SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM.
(a) Reauthorization of Select Agent Program.--
(1) Amendment to the public health service act.--Section
351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is
amended by striking ``2002 through 2007'' and inserting ``2009
through 2013''.
(2) Amendment to the agricultural bioterrorism protection
act of 2002.--Section 212(m) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by
striking ``2002 through 2007'' and inserting ``2009 through
2013''.
(b) Appropriate Training.--
(1) Amendment to the public health service act.--Section
351A(e)(2)(A) of the Public Health Service Act (42 U.S.C.
262a(e)(2)(A)) is amended by inserting ``, and appropriate
training,'' after ``have a legitimate need''.
(2) Amendment to the agricultural bioterrorism protection
act of 2002.--Section 212(e)(2)(A) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is
amended by inserting ``, and appropriate training,'' after
``have a legitimate need''.
(c) Covered Agencies.--
(1) Amendment to the public health service act.--Section
351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health
Service Act is amended by inserting ``the Department of
Homeland Security,'' after ``the Department of Agriculture,''.
(2) Amendment to the agricultural bioterrorism protection
act of 2002.--Section 212(h)(2)(A) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is
amended by inserting ``the Department of Homeland Security,''
after ``the Department of Agriculture,''.
SEC. 102. SELECT AGENT PROGRAM REVIEW.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Secretary of Agriculture, shall enter into a
contract with the National Academy of Sciences to conduct a review of
the select agent program under section 351A of the Public Health
Service Act (42 U.S.C. 262a) and section 212 of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall
focus on--
(1) the extent to which the program has enhanced
biosecurity and biosafety in the United States;
(2) the effects of the program on--
(A) international scientific collaboration; and
(B) scientific advances in the United States; and
(3) other issues as requested by the Secretary of Health
and Human Services and the Secretary of Agriculture.
(b) Report; Recommendations.--Not later than 240 days after the
date of enactment of this Act, the National Academy of Sciences shall
submit a report to the Secretary of Health and Human Services, the
Secretary of Agriculture, the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on Energy and Commerce of the
House of Representatives, and other congressional committees of
relevant interest, on the results of the review conducted under
subsection (a). Such report shall include recommendations for improving
the structure of the select agent program for--
(1) enhancing the biosecurity and biosafety of the United
States;
(2) eliminating or reducing adverse effects of the program,
if any, on--
(A) international scientific collaboration; and
(B) scientific advances in the United States; and
(3) other issues as requested by the Secretary of Health
and Human Services and the Secretary of Agriculture.
SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS.
(a) Amendment to the Public Health Service Act.--Section
351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C.
262a(a)(1)(B)(i)) is amended--
(1) in subclause (III), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating subclause (IV) as subclause (VII); and
(3) by inserting after subclause (III) the following:
``(IV) whether the agent or toxin
is endemic to the United States, as
defined by the Secretary;
``(V) information available from
biological risk assessments conducted
by the Department of Homeland Security;
``(VI) newly discovered agents of
disease, including genetically modified
organisms or agents created
synthetically; and''.
(b) Amendment to the Agricultural Bioterrorism Protection Act of
2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended--
(1) in subclause (III), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating subclause (IV) as subclause (VII); and
(3) by inserting after subclause (III) the following:
``(IV) whether the agent or toxin
is endemic to the United States, as
defined by the Secretary;
``(V) information available from
biological risk assessments conducted
by the Department of Homeland Security;
``(VI) newly discovered agents of
disease, including genetically modified
organisms or agents created
synthetically; and''.
(c) Rule of Construction.--The amendments made by subsections (a)
and (b) shall not be construed to preclude the listing of a biological
agent or toxin that is endemic to the United States.
SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS.
(a) Amendment to the Public Health Service Act.--Section 351A(h)(5)
of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by inserting at the end the following:
``(C) to withhold information regarding a State
that will assist with the State's emergency
preparedness planning from the health director (or
equivalent State official) of such State, if such State
has in place a law to protect against the further
release of such information as determined by the
Secretary.''.
(b) Amendment to the Agricultural Bioterrorism Protection Act of
2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401(h)(5)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by inserting at the end the following:
``(C) to withhold information regarding a State
that will assist with the State's emergency
preparedness planning from an elected or appointed
senior State agricultural official or equivalent State
official (such as a State veterinarian or a State plant
health regulatory official) of such State, if such
State has in place a law to protect against the further
release of such information as determined by the
Secretary.''.
SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS.
(a) Improved Method to Inventory and Monitor Listed Biological
Agents.--Not later than 180 days after enactment of this Act, the
Secretary of Health and Human Services, in coordination with the
Secretary of Agriculture, and in consultation with individuals with
appropriate scientific expertise, shall issue guidance on inventorying
and monitoring the biological agents listed under section 351A(a)(1) of
the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological
agents listed under section 212(a)(1) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(a)(1)).
(b) Considerations.--In issuing the guidance under subsection (a),
the Secretaries shall consider--
(1) the effectiveness of measures to inventory and monitor
listed biological agents that can propagate relative to the
burden of these measures on laboratory personnel;
(2) qualitative and quantitative control procedures for
such listed agents, rather than only quantitative control
procedures; and
(3) in what situations registered persons are required to
keep inventory records.
SEC. 106. SMALLPOX DEFINITION CLARIFICATION.
Not later than 90 days after the date of enactment of this Act, the
Attorney General, in coordination with the Secretary of Health and
Human Services, shall issue public guidance regarding how the Attorney
General interprets the scope of the statutory definition of ``variola
virus'' in section 175c of title 18, United States Code.
SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS.
The Secretary of Health and Human Services, in coordination with
the Secretary of Agriculture and State officials, shall develop and
disseminate guidelines for how laboratories and laboratory personnel
that do not regularly test for listed agents and toxins (as such terms
are defined in section 351A of the Public Health Service Act (42 U.S.C.
262a) and section 212 of the Agricultural Bioterrorism Protection Act
of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during
emergencies in which laboratories and laboratory personnel that
regularly test for such agents and toxins are overwhelmed by a surge of
samples of such listed agents and toxins.
TITLE II--BIOSAFETY IMPROVEMENTS
SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES.
(a) Definition.--For purposes of this section, the term ``high
containment biological laboratory'' means a laboratory that has
Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the
Secretary of Health and Human Services and the Secretary of
Agriculture.
(b) Evaluation.--The Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, and in consultation
with the Secretary of Defense and the Secretary of Homeland Security
(referred to in this section as the ``Secretaries'') shall, either
directly or through a contract, evaluate national needs of, and
oversight of, high containment biological laboratories.
(c) Considerations.--In conducting the evaluation under subsection
(b), the Secretaries shall consider--
(1) whether the construction of high containment biological
laboratories that are in existence or planned as of the date of
enactment of this Act, is likely to provide sufficient capacity
for the needs of Government biodefense and infectious disease
research;
(2) how laboratory capacity and lessons learned can be best
shared across the biodefense and infectious disease research
communities, domestically and internationally;
(3) whether guidance on laboratory infrastructure,
commissioning, operation, and maintenance of such laboratories
is adequate, and if such guidance is found to be inadequate,
how to improve and streamline such guidance; and
(4) ways to improve and streamline the training of the
personnel of such laboratories, including recommendations
regarding the minimum standards for laboratory biosafety and
biosecurity training under section 202.
(d) Report to Congress.--Not later than 240 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the findings and recommendations from
the evaluation under this section.
SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL.
(a) Definition.--For purposes of this section, the term ``high
containment biological laboratory'' means a laboratory that has
Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the
Secretary of Health and Human Services and the Secretary of
Agriculture.
(b) Development of Minimum Standards.--The Secretary of Health and
Human Services, acting through the Director of the Centers for Disease
Control and Prevention and the Director of the National Institutes of
Health, and in coordination with the Secretary of Agriculture and
scientific experts representing appropriate professional groups and
international health organizations, shall develop minimum standards for
laboratory biosafety and biosecurity training for relevant personnel of
high containment biological laboratories. In developing such standards,
the Secretary of Health and Human Services shall consider existing
laboratory guidelines and training modules.
(c) Requirement for Approval.--A person may not register with the
Secretary of Health and Human Services or the Secretary of Agriculture
for the possession, use, or transfer of listed agents in accordance
with section 351A of the Public Health Service Act (42 U.S.C. 262a) and
section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401) unless the person provides to its appropriate personnel
biosafety and biosecurity training that meets the minimum standards
under subsection (b) in addition to any other requirements determined
appropriate by the Secretary of Health and Human Services or the
Secretary of Agriculture.
(d) Dissemination.--The Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, may disseminate the
minimum standards under subsection (b) for voluntary use, such as when
use is not required under subsection (b), in laboratories and academic
programs in the United States and in other countries.
SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Secretary of Agriculture, (referred to in this
section as the ``Secretaries'') shall establish an integrated
Biological Laboratory Incident Reporting System through which personnel
of biological laboratories may voluntarily report biosafety or
biosecurity incidents of concern and the Secretaries may identify
trends in such incidents and protocols for biosafety or biosecurity
improvements. In developing such reporting system, the Secretaries
shall consider options for integrating existing voluntary and required
reporting mechanisms.
(b) Functions.--In implementing the reporting system under
subsection (a), the Secretaries shall enter into a contract with a
public or private entity that does not regulate biological laboratories
to administer the reporting system. Such entity shall--
(1) receive and process incident reports;
(2) analyze, interpret incident data, and identify incident
trends;
(3) issue alert messages within an appropriate time period;
(4) disseminate reports and other appropriate information,
which shall not include facility-specific information;
(5) not have authority to direct corrective action or to
initiate enforcement action;
(6) ensure anonymity of individuals reporting to the
system, to the extent permitted by law; and
(7) conduct other activities as requested by the
Secretaries. | Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins.
Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins.
Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program.
Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States.
Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents.
Directs the Attorney General to issue guidance regarding the scope of the statutory definition of "variola virus."
Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories.
Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories.
Requires the Secretary to establish a Biological Laboratory Incident Reporting System. | A bill to reauthorize the Select Agent Program by amending the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 and to improve oversight of high containment laboratories. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Health and Real Medication
Access Cost Savings Act of 2009'' or the ``PHARMACY Bill''.
SEC. 2. PATIENT CHOICE.
A consumer shall have the right to choose to purchase prescription
drugs from any domestic pharmacy that meets all applicable Federal and
State licence and permit requirements.
SEC. 3. REGULATION OF PHARMACY BENEFIT MANAGERS.
Not later than January 1, 2011, the Secretary of Health and Human
Services shall issue regulations to ensure the following:
(1) Access to and choice of pharmacy.--
(A) Incentives.--A pharmacy benefit manager
(referred to in this section as a ``PBM'') may not
provide incentives (including variations in premiums,
deductibles, co-payments, or co-insurance rates) to
enrollees of pharmacy benefit plans administered by
such PBM for the purpose of encouraging such enrollees
to use certain pharmacies (including mail order
pharmacies, speciality drug pharmacies, or other
entities) unless the PBM offers the same incentives for
all pharmacies in the network for such plan.
(B) Mandates.--A PBM may not refer, coerce, or
mandate that an enrollee of a pharmacy benefit plan
administered by such PBM use a specific mail order
pharmacy, specialty drug pharmacy, or other entity--
(i) if the PBM has an ownership interest in
a such pharmacy or entity; or
(ii) if the pharmacy or entity has an
ownership interest in such PBM.
(C) Pharmacy networks.--A PBM or pharmacy benefit
plan sponsor may not exclude a pharmacy from a pharmacy
network if--
(i) the pharmacy agrees to the terms of the
network contract;
(ii) the pharmacy meets all applicable
Federal and State licence and permit
requirements; and
(iii) the owners of the pharmacy have not
been convicted of a Federal crime related to
owning or managing a pharmacy.
(2) Encourage generic drugs.--
(A) Cost to consumers.--
(i) In general.--Subject to clause (iii), a
PBM shall ensure that enrollees of pharmacy
benefit plans administered by such a PBM pay a
copayment of 20 percent for brand name drugs,
not to exceed a maximum amount of $150 per
prescription.
(ii) Annual updates to amount.--The maximum
amount under clause (i) shall be updated
annually for inflation based on the consumer
price index.
(iii) Exception for state medicaid
programs.--Clause (i) shall not apply to a PBM
with respect to enrollees of a State Medicaid
program that limits or prohibits copayments for
prescription drugs.
(B) Payments to pharmacies.--
(i) In general.--With respect to a pharmacy
benefit plan that is at least partially funded
with Federal funds, the PBM administering such
plan shall reimburse a pharmacy that is in the
network for such a plan at least--
(I) 107 percent of the Wholesale
Acquisition Cost plus a minimum
professional dispensing fee of $4.25
for a prescription for a brand-name
drug;
(II) 190 percent of the Federal
Upper Limit plus a minimum professional
dispensing fee of $8.50 for a
prescription for a generic drug; and
(III) a professional service fee
for any additional pharmacy services
provided by the pharmacy, in an amount
set by the Secretary of Health and
Human Services.
(ii) Adjustment for inflation.--The
professional dispensing fees under clause (i)
shall be adjusted annually for inflation, based
on the consumer price index.
(3) Payments and charges between pbms and pharmacy benefit
plan sponsors.--
(A) Payments.--A PBM shall be reimbursed by a
pharmacy benefit plan sponsor for adjudicating and
processing claims in behalf of such sponsor at a rate
that is determined by such sponsor.
(B) Charges to pharmacy benefit plan sponsors for
drugs dispensed to plan enrollees.--The amount that a
PBM charges a pharmacy benefit plan sponsor for a drug
that is dispensed to enrollee of a pharmacy benefit
plan administered by such PBM may not be greater than
the amount that the PBM paid the pharmacy for such drug
(including any associated professional dispensing fee).
(4) Treatment of drug manufacturer rebates.--
(A) No rebates to pbms.--A manufacturer of
prescription drugs--
(i) shall pay all rebates, as defined in
section 5(6), directly to the pharmacy benefit
plan sponsor; and
(ii) shall not pay such rebates to a PBM.
(B) Negotiation allowed.--A PBM may negotiate
rebate amounts with a manufacturer of prescription
drugs on behalf of a pharmacy benefit plan sponsor.
(5) Provision of cost information to physicians.--In the
case that the premium, deductible, co-payments, co-insurance,
or other insurance-related charge under a pharmacy benefit plan
is underwritten, in whole or in part, by a Federal, State, or
local government, the pharmacy benefit plan sponsor shall
provide a list of the wholesale acquisition costs of the top
500 most frequently prescribed drugs to physicians who are
licenced to prescribe drugs and who provide treatment to
enrollees in such a plan.
(6) Treatment of pharmacists as professional health care
providers.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(DD);
(B) by adding ``and'' at the end of subparagraph
(EE); and
(C) by inserting after subparagraph (EE), the
following new subparagraph:
``(FF) pharmacist services;''.
SEC. 4. PHARMACEUTICAL ACCESS PROGRAM.
(a) Establishment.--Not later than January 1, 2011, the Secretary
of Health and Human Services shall establish a pharmaceutical access
program to provide affordable access to prescription drugs to
individuals who receive drug benefits under Federal programs (except
for the Medicaid program under title XIX of the Social Security Act).
(b) Eligibility.--Any individual in a State shall be eligible to
enroll in the program under subsection (a).
(c) Fees.--
(1) In general.--A pharmacy that dispenses prescription
drugs in the United States shall remit to the Secretary of
Health and Human Services--
(A) $0.50 for each prescription dispensed by such
pharmacy for a brand name drug; and
(B) $1.00 for each prescription dispensed by such
pharmacy for a generic drug.
(2) Treatment for inflation.--The fees under paragraph (1)
shall be adjusted annually for inflation, based on the consumer
price index.
(3) Treatment of medicaid programs.--The rule under
paragraph (1) shall not apply to drugs dispensed under a State
Medicaid program under title XIX of the Social Security Act.
(4) Increase in professional dispensing fee for private
plans.--The professional dispensing fee paid to pharmacies by a
pharmacy benefit plan that is not funded by any Federal funds
shall be increased by such plan sponsor--
(A) by $0.50 for each brand name prescription; and
(B) by $1.00 for each generic prescription.
(d) Use of Funds.--Funds generated under subsection (c) shall be
used solely to provide affordable access to prescription drugs to low-
income individuals who have enrolled in the program under subsection
(a).
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Brand name drugs.--The term ``brand name drug'' means a
prescription drug that is under patent by the drug's original
manufacturer and is protected from competition by other
manufacturers of prescription drugs.
(2) Generic drug.--The term ``generic drug'' means a
prescription drug that has lost patient protection provided to
a single manufacturer or multiple manufacturers and is widely
available from multiple manufacturers.
(3) Pharmacy benefit plan.--The term ``pharmacy benefit
plan'' means an insurance plan or insurance coverage that
provides benefits for prescription drugs, including a group
health plan (as such term is defined in section 733(a) of the
Patient Health and Real Medication Access Cost Savings Act of
2009 (29 U.S.C. 1191b(a))) that provides prescription drug
benefits.
(4) Professional dispensing fee.--The term ``professional
dispensing fee'' means the fee paid for the dispensing of a
drug by the pharmacist and excludes any reimbursement for the
cost of the drug.
(5) Professional service fee.--The term ``professional
service fee'' means a fee paid to a pharmacy for professional
services preformed by a pharmacist, excluding dispensing drugs
and any reimbursement for the cost of the drug. Such term may
include medication reviews, injections, and cholesterol checks.
(6) Rebate.--The term ``rebate'' means any item of value,
including monetary value, that is distributed by the
manufacturer conditional upon the receipt of a payment for
drugs produced by such manufacturer. | Patient Health and Real Medication Access Cost Savings Act of 2009 or the PHARMACY Bill - Declares that a consumer shall have the right to choose to purchase prescription drugs from any domestic pharmacy that meets all applicable federal and state license and permit requirements.
Directs the Secretary of Health and Human Services (HHS) to issue regulations that: (1) prohibit a pharmacy benefit manager (PBM) from providing incentives to, encouraging, or requiring pharmacy benefit plan enrollees to use certain pharmacies or from excluding an eligible pharmacy from a plan's pharmacy network; (2) require a PBM to ensure that pharmacy benefit plan enrollees pay a specified copayment for brand name drugs; (3) require a PBM to reimburse a pharmacy in the network of a pharmacy benefit plan that is federally funded, at specified rates, for brand-name drugs, generic drugs, and additional professional services; (4) require a PBM to be reimbursed by a pharmacy benefit plan sponsor for adjudicating and processing claims; (5) limit the amount that a PBM charges a pharmacy benefit plan sponsor for a drug that is dispensed to enrollees to the amount the PBM paid the pharmacy for such drug; (6) require a manufacturer of prescription drugs to pay all rebates directly to the pharmacy benefit plan sponsor and not to a PBM; and (7) require a pharmacy benefit plan sponsor to provide a list of the wholesale acquisition costs of the top 500 most frequently prescribed drugs to physicians in a plan any insurance-related charge of which is underwritten by a federal, state, or local government.
Amends title XVIII (Medicare) of the Social Security Act to include pharmacist services as "medical and other health services" under Medicare.
Directs the Secretary, by January 1, 2011, to establish a pharmaceutical access program to provide affordable prescription drugs to individuals who receive drug benefits under federal programs (except Medicaid). Requires: (1) a pharmacy that dispenses prescription drugs in the United States to remit to the Secretary 50 cents for each brand name prescription and $1.00 for generic drug prescription dispensed; and (2) the sponsor of a pharmacy benefit plan that is not federally funded to increase the professional dispensing fee paid to pharmacies by the same amounts. Requires the use of funds generated from such fees to provide affordable access to prescription drugs to low-income individuals who have enrolled in the program. | To ensure patient choice in pharmacies by regulating pharmacy benefit managers and to establish a program to improve access to prescription drugs for certain individuals. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preventing
Unemployment Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Treatment of short-time compensation programs.
Sec. 3. Temporary financing of certain short-time compensation
payments.
Sec. 4. Temporary Federal short-time compensation.
Sec. 5. Grants for implementation of State short-time compensation
programs.
Sec. 6. Assistance and guidance in implementing programs.
Sec. 7. Reports.
SEC. 2. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.
(a) Definition.--
(1) In general.--Section 3306 of the Internal Revenue Code
of 1986 (26 U.S.C. 3306) is amended by adding at the end the
following new subsection:
``(v) Short-Time Compensation Program.--For purposes of this
chapter, the term `short-time compensation program' means a program
under which--
``(1) the participation of an employer is voluntary;
``(2) an employer reduces the number of hours worked by
employees in lieu of temporary layoffs;
``(3) such employees whose workweeks have been reduced by
at least 10 percent, and by not more than the percentage, if
any, that is determined by the State to be appropriate, are
eligible for unemployment compensation;
``(4) the amount of unemployment compensation payable to
any such employee is a pro rata portion of the unemployment
compensation which would be payable to the employee if such
employee were totally unemployed;
``(5) such employees are not expected to meet the
availability for work or work search test requirements while
collecting short-time compensation benefits, but are required
to be available for their normal workweek;
``(6) eligible employees may participate, as appropriate,
in an employer-sponsored training program to enhance job skills
if such program has been approved by the State agency;
``(7) the State agency shall require an employer to certify
that the employer will continue to provide health benefits and
retirement benefits under a defined benefit plan (as defined in
section 414(j)) and contributions under a defined contribution
plan (as defined in section 414(i)) to any employee whose
workweek is reduced under the program under the same terms and
conditions as though the workweek of such employee had not been
reduced;
``(8) the State agency shall require an employer (or an
employer's association which is party to a collective
bargaining agreement) to submit a written plan describing the
manner in which the requirements of this subsection will be
implemented and containing such other information as the
Secretary of Labor determines is appropriate;
``(9) in the case of employees represented by a union, the
appropriate official of the union has agreed to the terms of
the employer's written plan and implementation is consistent
with employer obligations under the National Labor Relations
Act; and
``(10) only such other provisions are included in the State
law as the Secretary of Labor determines appropriate for
purposes of a short-term compensation program.''.
(2) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), the amendment made by paragraph (1) shall take
effect on the date of the enactment of this Act.
(B) Delay permitted.--In the case of a State that
is administering a short-time compensation program as
of the date of the enactment of this Act and the State
law cannot be administered consistent with the
amendment made by paragraph (1), such amendment shall
take effect on the earlier of--
(i) the date the State changes its State
law in order to be consistent with such
amendment; or
(ii) the date that is 2 years after the
date of the enactment of this Act.
(b) Conforming Amendments.--
(1) Internal revenue code of 1986.--
(A) Subparagraph (E) of section 3304(a)(4) of the
Internal Revenue Code of 1986 is amended to read as
follows:
``(E) amounts may be withdrawn for the payment of
short-time compensation under a short-time compensation
program (as defined under section 3306(v));''.
(B) Subsection (f) of section 3306 of the Internal
Revenue Code of 1986 is amended--
(i) by striking paragraph (5) (relating to
short-term compensation) and inserting the
following new paragraph:
``(5) amounts may be withdrawn for the payment of short-
time compensation under a short-time compensation program (as
defined in subsection (v)); and''; and
(ii) by redesignating paragraph (5)
(relating to self-employment assistance
program) as paragraph (6).
(2) Social security act.--Section 303(a)(5) of the Social
Security Act is amended by striking ``the payment of short-time
compensation under a plan approved by the Secretary of Labor''
and inserting ``the payment of short-time compensation under a
short-time compensation program (as defined in section 3306(v)
of the Internal Revenue Code of 1986)''.
(3) Unemployment compensation amendments of 1992.--
Subsections (b) through (d) of section 401 of the Unemployment
Compensation Amendments of 1992 (26 U.S.C. 3304 note) are
repealed.
SEC. 3. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION
PAYMENTS.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount of
short-time compensation paid under a short-time compensation
program (as defined in section 3306(v) of the Internal Revenue
Code of 1986, as added by section 2(a)) under the provisions of
the State law. Notwithstanding section 2(a)(2), a State
administering a short-term compensation program as of the date
of the enactment of this Act shall not be eligible to receive
payments under this section until the program administered by
such State meets the requirements of section 3306(v) of the
Internal Revenue Code of 1986 (as so added). Payments shall
also be made for additional State administrative expenses
incurred (as determined by the Secretary).
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled
to receive under this section for each calendar month, reduced
or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior
calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be made
on the basis of such statistical, sampling, or other method as
may be agreed upon by the Secretary and the State agency of the
State involved.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall
be made to a State under this section for benefits paid
to an individual by the State in excess of 26 weeks of
benefits.
(B) Employer limitations.--No payments shall be
made to a State under this section for benefits paid to
an individual by the State under a short-time
compensation program if such individual is employed by
an employer--
(i) whose workforce during the 3 months
preceding the date of the submission of the
employer's short-time compensation plan has
been reduced by temporary layoffs of more than
20 percent; or
(ii) on a seasonal, temporary, or
intermittent basis.
(b) Applicability.--Payments to a State under subsection (a) shall
be available for weeks of unemployment--
(1) beginning on or after the date of the enactment of this
Act; and
(2) ending on or before the date that is 3 years after the
date of the enactment of this Act.
(c) Funding and Certifications.--
(1) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(d) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 4. TEMPORARY FEDERAL SHORT-TIME COMPENSATION.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section with
the Secretary provided that such State's law does not provide
for the payment of short-time compensation under--
(A) a short-time compensation program (as defined
in section 3306(v) of the Internal Revenue Code of
1986, as added by section 2(a)); or
(B) subsections (b) through (d) of section 401 of
the Unemployment Compensation Amendments Act of 1992,
as in effect on the day before the date of the
enactment of this Act.
(2) Ability to terminate.--Any State which is a party to an
agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall
provide that the State agency of the State will make payments
of short-time compensation under a plan approved by the State.
Such plan shall provide that payments are made in accordance
with the requirements under section 3306(v) of the Internal
Revenue Code of 1986, as added by section 2(a).
(2) Limitations on plans.--
(A) General payment limitations.--A short-time
compensation plan approved by a State shall not permit
the payment of short-time compensation in excess of 26
weeks.
(B) Employer limitations.--A short-time
compensation plan approved by a State shall not provide
payments to an individual if such individual is
employed by an employer--
(i) whose workforce during the 3 months
preceding the date of the submission of the
employer's short-time compensation plan has
been reduced by temporary layoffs of more than
20 percent; or
(ii) on a seasonal, temporary, or
intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that the employer
will pay the State an amount equal to one-half of the amount of
short-time compensation paid under such plan. Such amount shall
be deposited in the State's unemployment fund and shall not be
used for purposes of calculating an employer's contribution
rate under section 3303(a)(1) of the Internal Revenue Code of
1986.
(c) Payments to States.--
(1) In general.--There shall be paid to each State with an
agreement under this section an amount equal to--
(A) one-half of the amount of short-time
compensation paid to individuals by the State pursuant
to such agreement; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled
to receive under this section for each calendar month, reduced
or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior
calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be made
on the basis of such statistical, sampling, or other method as
may be agreed upon by the Secretary and the State agency of the
State involved.
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(4) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(d) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
(1) beginning on or after the date on which such agreement
is entered into; and
(2) ending on or before the date that is 2 years after the
date of the enactment of this Act.
(e) Transition Rule.--If a State has entered into an agreement
under this section and subsequently enacts a State law providing for
the payment of short-time compensation under a short-time compensation
program (as defined in section 3306(v) of the Internal Revenue Code of
1986, as added by section 2(a)), the State shall not be eligible for
payments under this section for weeks of unemployment beginning after
the effective date of such State law.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 5. GRANTS FOR IMPLEMENTATION OF STATE SHORT-TIME COMPENSATION
PROGRAMS.
(a) Grants.--
(1) In general.--The Secretary shall award start-up grants
to State agencies--
(A) in States that enact short-time compensation
programs (as defined in section 3306(v) of the Internal
Revenue Code of 1986, as added by section 2(a)) on or
after May 1, 2010, for the purpose of creating such
programs; and
(B) that apply for such grants not later than
September 30, 2012.
(2) Amount.--The amount of a grant awarded under paragraph
(1) shall be an amount determined by the Secretary based on the
costs of implementing a short-time compensation program.
(3) Only 1 grant per state.--A State agency is only
eligible to receive 1 grant under this section.
(b) Funding.--There are appropriated, out of moneys in the Treasury
not otherwise appropriated, such sums as may be necessary for purposes
of carrying out this section.
(c) Reporting.--The Secretary may establish reporting requirements
for State agencies receiving a grant under this section in order to
provide oversight of grant funds used by States for the creation of the
short-time compensation programs.
(d) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency.--The terms ``State'' and ``State
agency'' have the meanings given those terms in section 205 of
the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note).
SEC. 6. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
In order to assist States in establishing, qualifying, and
implementing short-time compensation programs (as defined in section
3306(v) of the Internal Revenue Code of 1986, as added by section
2(a)), the Secretary of Labor shall--
(1) develop model legislative language which may be used by
States in developing and enacting such programs and
periodically review and revise such model legislative language;
(2) provide technical assistance and guidance in
developing, enacting, and implementing such programs;
(3) establish reporting requirements for States, including
reporting on--
(A) the number of averted layoffs;
(B) the number of participating companies and
workers; and
(C) such other items as the Secretary of Labor
determines are appropriate.
SEC. 7. REPORTS.
(a) Initial Report.--Not later than 4 years after the date of the
enactment of this Act, the Secretary of Labor shall submit to Congress
and to the President a report or reports on the implementation of the
provisions of this Act, including an analysis of the significant
impediments to State enactment and implementation of short-time
compensation programs (as defined in section 3306(v) of the Internal
Revenue Code of 1986, as added by section 2(a)).
(b) Subsequent Reports.--After the submission of the report under
subsection (a), the Secretary of Labor may submit such additional
reports on the implementation of short-time compensation programs as
the Secretary deems appropriate.
(c) Funding.--There are appropriated, out of any moneys in the
Treasury not otherwise appropriated, to the Secretary of Labor,
$1,500,000 to carry out this section, to remain available without
fiscal year limitation. | Preventing Unemployment Act of 2010 - Amends the Federal Unemployment Tax Act (FUTA), the Internal Revenue Code, and the Unemployment Compensation Amendments of 1992 to prescribe requirements for the treatment and temporary financing of voluntary short-time compensation (STC) programs, under which: (1) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; and (2) such employees are eligible for pro-rata unemployment compensation if their workweeks are reduced by between 10% and an appropriate state-determined percentage.
Requires payments to states meeting the requirements of this Act in an amount equal to 100% of the STC paid to individuals.
Prohibits such STC payments: (1) for more than 26 weeks; or (2) for an employee whose employer's workforce during the three months preceding submission of the employer's STC plan has been reduced by temporary layoffs of more than 20%, or on a seasonal, temporary, or intermittent basis.
Authorizes temporary federal-state agreements for STC programs if a state does not currently provide for STC payments under an existing program.
Requires employers under an STC plan to pay the state one-half of the amount of STC paid under the plan.
Requires federal payments to states in an amount equal to: (1) one-half of the amount of STC paid to individuals by the state; and (2) any additional related administrative expenses incurred by the state.
Requires the Secretary of Labor to award one start-up grant to state agencies: (1) in states that enact STC programs on or after May 1, 2010; and (2) that apply for such grants before FY2013.
Specifies assistance and guidance the Secretary shall give states in establishing and implementing STC programs. | A bill to provide for the treatment and temporary financing of short-time compensation programs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manufacturing Modernization and
Diversification Act of 2010''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Bank.--The term ``bank'' means--
(A) an insured depository institution, as such term
is defined under section 3(c)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)(2)); and
(B) an insured credit union, as such term is
defined under section 101(7) of the Federal Credit
Union Act (12 U.S.C. 1752(7)).
(2) Collateral support program.--The term ``Collateral
Support Program'' means a program described under section 4.
(3) Loan participation program.--The term ``Loan
Participation Program'' means a program described under section
5.
(4) Qualified manufacturer.--The term ``qualified
manufacturer'' means a business that is engaged in
manufacturing and--
(A) has less than $50,000,000 in annual revenue;
and
(B) has less than $50,000,000 in assets.
(5) Revolving loan fund.--The term ``revolving loan fund''
means the revolving loan fund established under section 3(d).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(7) SPV.--The term ``SPV'' means a special purpose vehicle
created by a State.
(8) Termination date.--The term ``termination date'' means
the date that is the end of the 2-year period beginning on the
date the Secretary issues regulations pursuant to section
3(b)(4).
SEC. 3. FEDERAL LOAN PROGRAM TO SPVS.
(a) In General.--The Secretary shall certify SPVs to take part in a
program to carry out Collateral Support Programs and Loan Participation
Programs for the benefit of qualified manufacturers (hereinafter in
this section described as the ``loan program'').
(b) Application Process.--
(1) In general.--Each SPV wishing to participate in the
loan program shall submit an application to the Secretary, in
such form and manner as the Secretary may require, containing--
(A) a detailed proposal for the structure of the
Collateral Support Program the SPV proposes to carry
out, including what criteria the SPV intends to use to
determine which qualified manufacturers will be
eligible to participate;
(B) a detailed proposal for the structure of the
Loan Participation Program the SPV proposes to carry
out, including what criteria the SPV intends to use to
determine which qualified manufacturers will be
eligible to participate; and
(C) such other information as the Secretary may
require.
(2) Additional requirements.--
(A) Interest rate.--Loans made to SPVs by the
Secretary under the loan program shall be made with an
interest rate of 0.5 percent.
(B) Treatment of payments from qualified
manufacturers.--The amount of all fees and interest
payments paid by qualified manufacturers to an SPV
under Collateral Support Programs and Loan
Participation Programs that is more than the amount
required by the SPV to repay the principal and interest
amounts on loans made to the SPV under the loan program
shall be retained by the SPV.
(C) No disqualification by reason of
participation.--Participation in a Collateral Support
Program or a Loan Participation Program by a qualified
manufacturer shall not disqualify such manufacturer
from receiving assistance related to such loan under
other Federal programs as well, including programs
carried out by the Small Business Administration and
the Department of Agriculture.
(D) Limitations on spvs.--Only 1 SPV per State may
be certified to participate in the loan program.
(E) Oversight.--The Secretary shall issue
regulations to require each SPV participating in the
loan program to make periodic reports to the Secretary
at any time such SPV has a loan outstanding under the
loan program. Such reports shall contain such
information as the Secretary determines appropriate to
maintain oversight of the funds used in the loan
program.
(3) Determination factors.--In making the determination of
which SPVs should be certified to take part in the loan
program, the Secretary shall consider--
(A) all information submitted in the application of
an SPV under paragraph (1);
(B) the number of jobs that will likely be created
by programs proposed by the SPV;
(C) the amount of economic distress experienced by
the State in which the SPV is located, including the
unemployment rate of such State; and
(D) the likelihood that the SPV will be able to
successfully administer the programs proposed by the
SPV.
(4) Rulemaking.--The Secretary shall issue all regulations
necessary for the submission of applications described under
paragraph (1) no later than 90 days after the date of the
enactment of this Act.
(c) Loan-Making Process.--
(1) In general.--Each time a certified SPV wishes to make a
loan under a Collateral Support Program or a Loan Participation
Program, the certified SPV shall make a request to the
Secretary, who shall loan the requested amount to the SPV from
the revolving loan fund, as long as sufficient amounts remain
in the fund.
(2) Time period.--An SPV may not make any new loans under a
Collateral Support Program or a Loan Participation Program
after the termination date.
(d) Revolving Loan Fund.--
(1) In general.--There is established in the Treasury a
revolving loan fund for the loan program.
(2) Initial transfer.--
(A) Funding from the tarp.--Of funds made available
to the Secretary under title I of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5211 et
seq.) that remain unobligated, the Secretary shall
transfer and credit $20,000,000,000 to the revolving
loan fund.
(B) Authorization.--The amounts transferred under
subparagraph (A) shall be deemed to be for actions
authorized under title I of the Emergency Economic
Stabilization Act of 2008.
(3) Expenditures.--The Secretary shall use the amounts in
the revolving loan fund to carry out the loan program.
(4) Deposits.--The Secretary shall deposit amounts received
as payment and interest on loans provided under the loan
program into the revolving loan fund.
(e) Termination of Loan Program.--On and after the termination
date--
(1) no additional loans may be made by the Secretary under
the loan program;
(2) all amounts in the revolving loan fund shall be paid
into the general fund of the Treasury; and
(3) all amounts that would otherwise have been paid into
the revolving loan fund shall be paid into the general fund of
the Treasury.
SEC. 4. COLLATERAL SUPPORT PROGRAM.
(a) In General.--With respect to an SPV, a program is described
under this section if, under such program--
(1) a qualified manufacturer that wishes to receive a loan
from a bank, but would not otherwise have sufficient collateral
to qualify for such a loan, may ask the bank to seek collateral
support for such loan from the SPV;
(2) the bank submits an application to the SPV to
participate in the collateral support program, in such form and
manner and containing such information as the SPV may require;
(3) the SPV, if approving such application, deposits cash
with the bank in an interest bearing account under the SPV's
name, and allows such cash to act as collateral support for the
qualified manufacturer's loan;
(4) the interest paid on such cash deposit is paid to the
SPV; and
(5) as the qualified manufacturer repays the loan over
time, the SPV draws down the amount deposited with the bank.
(b) Additional Requirements.--A program described under subsection
(a) shall additionally have the following requirements:
(1) Deposit limits.--The cash deposit made by the SPV may
not represent more than 49.9 percent of the total loan amount
and may not be in an amount more than 49.9 percent of the non-
equity capital of the qualified manufacturer at the time the
loan is made.
(2) Loan amount.--The SPV may not provide more than
$20,000,000 to any one qualified manufacturer under the
collateral support program.
(3) Fees.--The SPV shall require a fee or fees to be paid
by the qualified manufacturer to the SPV, at loan closing or
annually, which shall consist of no more than 3 percent of the
value of the cash deposit per fee. The SPV may determine
whether such fee should be paid in cash or in options to
purchase equity in the qualified manufacturer, but in no case
may such options allow for the purchase of equity in the
qualified manufacturer that would result in the SPV holding
more than 15 percent of the voting rights of the equity of such
qualified manufacturer.
(4) Exit fee.--In the event that the qualified manufacturer
defaults on the loan made under the collateral support program,
the bank shall repay to the SPV an amount equal to 5 percent of
the initial deposit made by the SPV.
(5) Oversight.--The SPV shall require--
(A) the bank to make periodic reports to the SPV
during the life of the loan; and
(B) such other reports from the bank and the
qualified manufacturer as the SPV determines
appropriate to maintain oversight.
SEC. 5. LOAN PARTICIPATION PROGRAM.
(a) In General.--With respect to an SPV, a program is described
under this section if, under such program--
(1) a qualified manufacturer that wishes to receive a loan
from a bank, but would not otherwise qualify for such a loan,
may ask the bank to seek loan participation for such loan from
the SPV;
(2) the bank submits an application to the SPV to
participate in the loan participation program, in such form and
manner and containing such information as the SPV may require;
(3) the SPV, if approving such application, will agree to
purchase between 1 to 49.9 percent of such loan, upon the bank
making such loan;
(4) the bank shall continue to service the entire loan; and
(5) the SPV may, in coordination with the bank, permit the
qualified manufacturer to forbear payments of interest or defer
payments of principal on the amount of such loan purchased by
the SPV for a period of no longer than 3 years from the date
such loan is made.
(b) Additional Requirements.--A program described under subsection
(a) shall additionally have the following requirements:
(1) Loan amount.--The SPV may not pay more than $20,000,000
for any portion of loans made to any one qualified manufacturer
under the loan participation program.
(2) Fee.--
(A) One-time fee.--The SPV shall require a one-time
fee from the qualified manufacturer in exchange for the
SPV participating in the loan participation program.
(B) Annual fee.--The bank shall require the
qualified manufacturer to pay an annual fee to the bank
of a minimum of 0.5 percent, and a maximum of 2
percent, of the amount of the portion of the loan
purchased by the SPV under the loan participation
program.
(3) Oversight.--The SPV shall require--
(A) the bank to make periodic reports to the SPV
during the life of the loan; and
(B) such other reports from the bank and the
qualified manufacturer as the SPV determines
appropriate to maintain oversight.
SEC. 6. REPORT.
Not later than the end of the 6-month period beginning on the date
of the enactment of this Act, and quarterly thereafter while any loan
remains outstanding under the loan program carried out under section 3,
the Secretary shall issue a report to the Congress containing--
(1) a list of the active participants in Collateral Support
Programs and Loan Participation Programs; and
(2) an estimate of the impact the loan program has had on--
(A) the overall economy; and
(B) the creation of new jobs or the preservation of
existing jobs. | Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers (manufacturers with less than $50 million in annual revenue and less than $50 million in assets). Outlines SPV application requirements.
Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support.
Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support.
Requires: (1) periodic reports from such banks to participating SPVs; and (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs. | To create a loan program to provide funds to State special purpose vehicles for use in collateral support programs and loan participation programs to benefit qualified manufacturers. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Runoff Management Act''.
SEC. 2. FEDERAL-AID HIGHWAY RUNOFF MANAGEMENT.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Federal-aid highway runoff management program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Covered project.--The term `covered project' means a
reconstruction, rehabilitation, reconfiguration, renovation,
major resurfacing, or new construction project on a Federal-aid
highway carried out under this title that results in--
``(A) a 10-percent or greater increase in
impervious surface of the aerial extent within the
right-of-way of the project limit on a Federal-aid
highway or associated facility; or
``(B) an increase of 1 acre or more in impervious
surface coverage.
``(2) Erosive force.--The term `erosive force' means the
flowrate within a stream or channel in which channel bed or
bank material becomes detached, which in most cases is less
than or equal to the flowrate produced by the 2-year storm
event.
``(3) Highway runoff.--The term `highway runoff ', with
respect to a Federal-aid highway, associated facility, or
management measure retrofit project, means a discharge of peak
flow rate or volume of runoff that exceeds flows generated
under preproject conditions.
``(4) Impacted hydrology.--The term `impacted hydrology'
means stormwater runoff generated from all areas within the
site limits of a covered project.
``(5) Management measure.--The term `management measure'
means a program, structural or nonstructural management
practice, operational procedure, or policy on or off the
project site that is intended to prevent, reduce, or control
highway runoff.
``(b) State Highway Stormwater Management Programs.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, each State shall--
``(A) develop a process for analyzing the erosive
force of highway runoff generated from covered
projects; and
``(B) apply management measures to maintain or
restore impacted hydrology associated with highway
runoff from covered projects.
``(2) Inclusions.--The management measures established
under paragraph (1) may include, as the State determines to be
appropriate, management measures that--
``(A) minimize the erosive force of highway runoff
from a covered project on a channel bed or bank of
receiving water by managing highway runoff within the
area of the covered project;
``(B) manage impacted hydrology in such a manner
that the highway runoff generated by a covered project
is below the erosive force flow and volume;
``(C) to the maximum extent practicable, seek to
address the impact of the erosive force of hydrologic
events that have the potential to create or exacerbate
downstream channel erosion, including excess pier and
abutment scour at bridges and channel downcutting and
bank failure of streams adjacent to highway
embankments;
``(D) ensure that the highway runoff from the post-
construction condition does not increase the risk of
channel erosion relative to the preproject condition;
and
``(E) employ simplified approaches to determining
the erosive force of highway runoff generated from
covered projects, such as a regionalized analysis of
streams within a State.
``(c) Guidance.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, in consultation
with the heads of other relevant Federal agencies, shall
publish guidance to assist States in carrying out this section.
``(2) Contents of guidance.--The guidance shall include
guidelines and technical assistance for the establishment of
State management measures that will be used to assist in
avoiding, minimizing, and managing highway runoff from covered
projects, including guidelines to help States integrate the
planning, selection, design, and long-term operation and
maintenance of management measures consistent with the design
standards in the overall project planning process.
``(3) Approval.--The Secretary, in consultation with the
heads of other relevant Federal agencies, shall--
``(A) review the management measures program of
each State; and
``(B) approve such a program, if the program meets
the requirements of subsection (b).
``(4) Updates.--Not later than 5 years after the date of
publication of the guidance under this subsection, and not less
frequently than once every 5 years thereafter--
``(A) the Secretary, in consultation with the heads
of other relevant Federal agencies, shall update the
guidance, as applicable; and
``(B) each State, as applicable, shall update the
management measures program of the State in accordance
with the updated guidance.
``(d) Reporting.--
``(1) In general.--Except as provided in paragraph (2)(A),
each State shall submit to the Secretary an annual report that
describes the activities carried out under the highway
stormwater management program of the State, including a
description of any reductions of stormwater runoff achieved as
a result of covered projects carried out by the State after the
date of enactment of this section.
``(2) Reporting requirements under permit.--
``(A) In general.--A State shall not be required to
submit an annual report described in paragraph (1) if
the State--
``(i) is operating Federal-aid highways in
the State in a post-construction condition in
accordance with a permit issued under the
Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
``(ii) is subject to an annual reporting
requirement under such a permit (regardless of
whether the permitting authority is a Federal
or State agency); and
``(iii) carries out a covered project with
respect to a Federal-aid highway in the State
described in clause (i).
``(B) Transmission of report.--A Federal or State
permitting authority that receives an annual report
described in subparagraph (A)(ii) shall, on receipt of
such a report, transmit a copy of the report to the
Secretary.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``330. Federal-aid highway runoff management program.''. | Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures. | Highway Runoff Management Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stock Option Accounting Reform
Act''.
SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED
OFFICERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Mandatory Expensing of Stock Options.--
``(1) Named executive officer.--As used in this subsection,
the term `named executive officer' means--
``(A) all individuals serving as the chief
executive officer of an issuer, or acting in a similar
capacity, during the most recent fiscal year,
regardless of compensation level; and
``(B) the 4 most highly compensated executive
officers, other than an individual identified under
subparagraph (A), that were serving as executive
officers of an issuer at the end of the most recent
fiscal year.
``(2) In general.--Subject to paragraph (4), every issuer
of a security registered pursuant to section 12 shall show as
an expense in the annual report of such issuer filed under
subsection (a)(2), the fair value of all options to purchase
the stock of the issuer granted after December 31, 2004, to a
named executive officer of the issuer.
``(3) Fair value.--
``(A) In general.--The fair value of an option to
purchase the stock of the issuer that is subject to
paragraph (2) shall be--
``(i) equal to the value that would be
agreed upon by a willing buyer and seller of
such option, who are not under any compulsion
to buy or sell such option; and
``(ii) shall take into account all of the
characteristics and restrictions imposed upon
the option.
``(B) Pricing model.--To the extent that an option
pricing model, such as the Black-Scholes method or a
binomial model, is used to determine the fair value of
an option, the assumed volatility of the underlying
stock shall be zero.
``(4) Exemptions.--
``(A) Small business issuers.--This subsection
shall not apply to an issuer, if--
``(i) the issuer has annual revenues of
less than $25,000,000;
``(ii) the issuer is organized under the
laws of the United States or Canada;
``(iii) the issuer is not an investment
company (as such term is defined under section
3 of the Investment Company Act of 1940 (15
U.S.C. 80a-3));
``(iv) the aggregate value of the
outstanding voting and non-voting common equity
securities of the issuer held by non-affiliated
parties is less than $25,000,000; and
``(v) in the case of an issuer that meets
the criteria in clauses (i) through (iv) and is
a majority owned subsidiary, the parent of the
issuer meets the requirements of this
paragraph.
``(B) Delayed effectiveness.--The requirements of
this subsection shall not apply to an issuer before the
end of the 3-year period beginning on the date of the
completion of the initial public offering of the
securities of the issuer, and shall only apply to an
option to purchase the stock of an issuer granted after
such date.''.
SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY.
(a) Prohibition.--Section 19(b) of the Securities Act of 1933 is
amended by adding at the end the following:
``(3) Prohibition on expensing standards.--
``(A) In general.--The Commission shall not
recognize as ``generally accepted'' any accounting
principle established by a standard setting body
relating to the expensing of stock options unless--
``(i) it complies with the requirements of
subparagraph (B); and
``(ii) the economic impact study required
under section 3(b) of the Stock Option
Accounting Reform Act of 2003 has been
completed.
``(B) Requirements.--A standard referred to in
subparagraph (A) shall require that--
``(i) if an option to purchase the stock of
an issuer that is subject to the requirements
of section 13(m) of the Securities Exchange Act
of 1934 is exercised, forfeited, or expires
unexercised, any expense that had been reported
under that section 13(m) with respect to such
option shall be reported in the fiscal year in
which the option expires or is forfeited as a
reduction of the total expense required to be
reported under that section 13(m) during that
fiscal year; and
``(ii) to the extent that any reduction
required under clause (i) exceeds total option
expenses for any fiscal year, such excess shall
be reported as income with respect to options
to purchase the stock of the issuer.''.
(b) Economic Impact Study.--The Secretary of Commerce and the
Secretary of Labor shall conduct and complete a joint study on the
economic impact of the mandatory expensing of all employee stock
options, including the impact upon--
(1) the use of broad-based stock option plans in expanding
employee corporate ownership to workers at a wide range of
income levels, with particular focus upon non-executive
employees;
(2) the role of such plans in the recruitment and retention
of skilled workers;
(3) the role of such plans in stimulating research and
innovation;
(4) the effect of such plans in stimulating the economic
growth of the United States; and
(5) the role of such plans in strengthening the
international competitiveness of businesses organized under the
laws of the United States. | Stock Option Accounting Reform Act - Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its mandatory annual report the fair value of all stock purchase options granted to certain of its senior executive officers after December 31, 2004.
Exempts small business issuers from such requirement.
Amends the Securities Act of 1933 to require reporting of: (1) stock option expenses as a reduction of the total expense in the fiscal year in which they expire or are forfeited; and (2) as income any excess by which such reduction exceeds total option expenses for any fiscal year.
Requires any accounting principle recognized as "generally accepted" by the Securities and Exchange Commission (SEC) regarding the expensing of stock purchase options to comply with this Act. Denies recognition to any such accounting principle until the Secretaries of Commerce and of Labor complete a joint study on the economic impact of mandatory expensing of all employee stock options. | A bill to require the mandatory expensing of stock options granted to executive officers, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scenic Columbia Gorge Restoration
Act of 2017''.
SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE TO CATASTROPHIC
EVENTS IN NATIONAL SCENIC AREAS.
(a) Definitions.--In this section:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak) or
any fire, flood, or explosion, regardless of cause.
(2) Conclusion.--The term ``conclusion'', with respect to a
catastrophic event, includes containment of the catastrophic
event if occurring before the actual end of the catastrophic
event.
(3) National scenic area.--The term ``National Scenic
Area'' means an area of the National Forest System federally
designated as a National Scenic Area in recognition of the
outstanding natural, scenic, and recreational values of the
area.
(4) Response activity.--The term ``response activity''
means any salvage operation or reforestation activity proposed
to be conducted within a National Scenic Area adversely
impacted by a catastrophic event to address conditions caused
or exacerbated by the catastrophic event.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Prompt Proposal of Response Activities.--Within 30 days after
the conclusion of a catastrophic event within a National Scenic Area,
the Secretary shall begin proposing response activities for lands
within the National Scenic Area adversely impacted by the catastrophic
event.
(c) Public Input and Response Process.--Notwithstanding any other
provision of law, the Secretary shall allow 30 days for public scoping
and comment regarding a National Scenic Area response activity, 15 days
for filing an objection to the response activity, and 15 days for the
agency response to the filing of an objection. Upon completion of this
process and expiration of the period specified in subsection (d)(1) if
applicable, the Secretary shall implement the response activity.
(d) Environmental Review.--
(1) Expedited environmental assessment.--Except as provided
in paragraph (2), notwithstanding any other provision of law,
an environmental assessment prepared by the Secretary concerned
pursuant to section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332) for a National Scenic Area
response activity shall be completed within 60 days after the
conclusion of the catastrophic event.
(2) Categorical exclusion.--A categorical exclusion is
available for any National Scenic Area response activity that--
(A) does not exceed 10,000 acres within the
National Scenic Area; and
(B) includes lands that--
(i) are visible from key viewing areas, as
described in the management plan for the
National Scenic Area;
(ii) provide screening for human
development;
(iii) are part of a municipal watershed; or
(iv) contain utility or power transmission
right-of-ways.
(e) Consultation Under the Endangered Species Act.--
(1) No consultation if response activity not likely to
adversely affect a listed species or designated critical
habitat.--Consultation under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536) shall not be required if
the Secretary determines that a response activity is not likely
to adversely affect a listed species or designated critical
habitat.
(2) Expedited consultation.--
(A) In general.--With respect to a response
activity that is not covered by paragraph (1),
consultation required under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536) shall be concluded
within the 90-day period beginning on the date on which
such consultation was requested by the Secretary.
(B) Effect of no conclusion.--In the case of a
consultation described in subparagraph (A) that is not
concluded within the 90-day period specified in such
subparagraph, the response activity for which such
consultation was initiated--
(i) shall be deemed to have not violated
section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536(a)(2)); and
(ii) may be carried out.
(f) Prohibition on Restraining Orders, Preliminary Injunctions, and
Injunctions Pending Appeal.--No restraining order, preliminary
injunction, or injunction pending appeal shall be issued by any court
of the United States with respect to any decision to prepare or conduct
a response activity. Section 705 of title 5, United States Code, shall
not apply to any challenge to the response activity.
(g) Funding Source.--Amounts in the special fund established
pursuant to section 3 of the Act of June 9, 1930 (commonly known as the
Knutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the
Secretary for response activities.
(h) Reforestation Objective.--In the case of response activities
conducted on National Scenic Area lands adversely impacted by a
catastrophic event, the Secretary shall achieve reforestation of at
least 75 percent of the impacted lands before the end of the two-year
period following the conclusion of the catastrophic event. | Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response (salvage operations or reforestation) activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity. | Scenic Columbia Gorge Restoration Act of 2017 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Commercial Driving
Training and Technical Assistance Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) despite the availability of abundant natural resources
on land under the jurisdiction of Indian tribes and the
existence of a rich cultural legacy that accords great value to
self-determination, self-reliance, and independence, Native
Americans suffer higher rates of unemployment, poverty, poor
health, substandard housing, and associated social problems
than any other group in the United States;
(2) the United States has an obligation to assist Native
American communities in the establishment of appropriate
economic and political conditions;
(3) the economic success and material well-being of Indian
communities depend on the combined efforts of the Federal
Government, tribal governments, the private sector, and
individuals;
(4) commercial vehicle driving programs are currently
offered at several tribal colleges and universities;
(5) the American Trucking Association reports that at least
until 2005, the trucking industry will need to hire 403,000
truck drivers each year to fill vacant positions;
(6) according to the Federal Government Occupational
Handbook, the commercial vehicle driving industry is expected
to expand at the average rate of expansion for all occupations
through the year 2008 because of economic growth and an
increase in the quantity of freight carried by trucks; and
(7) a career in commercial vehicle driving offers a
competitive salary, employment benefits, job security, and a
profession.
(b) Purposes.--The purposes of this Act are--
(1) to foster and promote job creation and economic
opportunities for Native Americans; and
(2) to provide education, technical, and training
assistance to Native Americans who are interested in commercial
vehicle driving careers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commercial vehicle driving.--The term ``commercial
vehicle driving'' means the driving of--
(A) a vehicle that is a tractor-trailer truck; or
(B) any other vehicle (such as a bus or a vehicle
used for the purpose of construction) the driving of
which requires a commercial license.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Native american.--The term ``Native American'' means an
individual who is a member of--
(A) an Indian tribe; or
(B) any people or culture that is indigenous to the
United States, as determined by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 4. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.
(a) Grants.--The Secretary may provide grants, on a competitive
basis, to entities described in subsection (b) to support programs
providing training and certificates leading to the licensing of Native
Americans with respect to commercial vehicle driving.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a tribal college or university (as defined in
section 316(b)(3) of the Higher Education Act (20 U.S.C.
1059(b)(3)); and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Priority.--In providing grants under subsection (a), the
Secretary shall give priority to grant applications that--
(1) propose training that exceeds proposed minimum
standards for training tractor-trailer drivers of the
Department of Transportation;
(2) propose training that exceeds the entry level truck
driver certification standards set by the Professional Truck
Driver Institute; and
(3) propose an education partnership with a private
trucking firm, trucking association, or similar entity in order
to ensure the effectiveness of the grant program under this
section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.
Passed the Senate September 17, 2002.
Attest:
Secretary.
107th CONGRESS
2d Session
S. 1344
_______________________________________________________________________
AN ACT
To provide training and technical assistance to Native Americans who
are interested in commercial vehicle driving careers. | Native American Commercial Driving Training and Technical Assistance Act - Authorizes the Secretary of Labor to award grants to eligible entities (tribal colleges and universities) to support commercial vehicle (tractor-trailer truck) driving training programs.Requires the Secretary to give priority to grant applications that propose: (1) training that exceeds proposed minimum standards for training tractor-trailer drivers of the Department of Transportation; (2) training that exceeds the entry level truck driver certification standards set by the Professional Truck Driver Institute; and (3) education partnerships with private trucking firms, trucking associations, or similar entities.Authorizes appropriations. | A bill to provide training and technical assistance to Native Americans who are interested in commercial vehicle driving careers. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biotechnology Future Investment
Expansion Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) American bioscience research corporations conduct long-
term research and development on breakthrough medical
technologies. This commercial bioscience research industry
forms an irreplaceable link between pure scientific discovery
and the development of powerful biomedical products and
technologies. It is critical to the maintenance of American
competitiveness internationally that these long-term research
and development projects be encouraged.
(2) Such long-term research projects have the greatest
potential to revolutionize whole fields of science and industry
for the benefit of the standard of living of Americans; and to
yield solutions for critical social needs, even though these
solutions might not result in large sales and profits (such as
``orphan'' drugs and other treatments alleviating great
suffering in their recipients).
(3) Long-term biomedical research companies are among the
most research-intensive and capital-intensive companies in the
world.
(4) In addition to the scientific and technical risks
attending their long-term research programs, many biomedical
research companies must subject their technologies to lengthy
and expensive regulatory reviews before they are permitted
access to the marketplace.
(5) Biomedical research companies typically operate in
financially challenging circumstances. These companies must
engage in intensive research activity for many years in order
to develop their products and earn profits. Many are small
businesses lacking the internal cash flow, stability and
borrowing capacity of large corporations.
(6) The long-term commercial bioscience research industry
is heavily dependent on outside sources of equity capital to
fund lengthy and intensive research prior to earning any
revenues. The industry's long lead times and high levels of
scientific and regulatory risk often impede access to capital.
(7) The longstanding national policy of Government support
and tax incentives for breakthrough commercial research
reflects a recognition that the capital marketplace tends to
allocate insufficient resources to sustain the Nation's need
for such foundational scientific research and development.
(8) American long-term bioscience research companies
constitute one of the core commercial sectors which Congress
intended to benefit from existing tax incentives for commercial
research.
(9) However, the current Federal income tax incentives are
simply not working in the case of many bioscience companies
focused on breakthrough medical technologies.
(10) Current Federal income tax incentives do not work as
intended for most high technology bioscience companies because
they typically incur net operating losses for a decade or more
during their lengthy research and development phases and
therefore receive no contemporaneous benefit from these tax
incentives.
(11) Further, Federal tax rules aimed chiefly at preventing
corporate loss trafficking and tax-motivated mergers and
acquisitions penalize these companies. The very process of
raising successive increments of private capital through
routine equity financings triggers these rules and subjects
biomedical research companies to severe limitations on net
operating loss and tax credit carryforwards. These limitations
practically eliminate for the commercial bioscience industry
any economic benefit from these tax incentives.
(12) These tax incentives instead tend to favor investment
by large, profitable companies, often engaged in secondary or
tertiary research activities, and thus to discriminate against
and to cause under-investment in longer-term breakthrough technologies,
a bias which is harmful to American competitiveness.
(13) The inability to benefit from existing Federal income
tax incentives for commercial research places long-term
bioscience research companies at a substantial disadvantage in
the capital marketplace where they must compete with other
companies able to use these tax incentives currently.
(14) A tax system that does not discriminate would ensure
that existing tax incentives in favor of research and
experimentation have the same cost-reducing impact on companies
conducting both short-term and long-term research and thus
render this tax incentive program neutral with regard to short-
term and long-term research objectives, minimizing capital
marketplace distortions caused by differences in tax and income
status.
(b) Purpose.--The purpose of this Act is to provide that long-term
biomedical research corporations will not incur limitations on
research-related tax incentive carryforwards simply because they engage
in the routine equity financings that are the financial lifeblood of
the industry.
SEC. 3. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH
AND CLINICAL TRIALS.
(a) In General.--Subsection (l) of section 382 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Certain financing transactions of biomedical research
corporations.--
``(A) General rule.--In the case of a biomedical
research corporation, any owner shift involving a 5-
percent shareholder which occurs as the result of a
qualified investment during the testing period shall be
treated for purposes of this section (other than this
paragraph) as occurring before the testing period.
``(B) Biomedical research corporation.--For
purposes of this paragraph, the term `biomedical
research corporation' means, with respect to any
qualified investment, any domestic corporation subject
to tax under this subchapter which is not in bankruptcy
and which, as of the time of the closing on such
investment--
``(i) holds the rights to a drug or
biologic for which an investigational new drug
application is in effect under section 505 of
the Federal Food, Drug, and Cosmetic Act, and
``(ii) certifies that, as of the time of
such closing, the drug or biologic is under
study in phase II or phase III of a clinical
investigation carried out under such section.
``(C) Qualified investment.--For purposes of this
paragraph, the term `qualified investment' means any
acquisition of stock in a biomedical research
corporation if such stock is acquired at its original
issue (directly or through an underwriter), solely in
exchange for cash, and the closing thereon occurs after
the date of the enactment of this paragraph.
``(D) Stock issued in exchange for convertible
debt.--For purposes of this paragraph, stock issued by
a biomedical research corporation in exchange for its
convertible debt (or stock deemed under this section to
be so issued) shall be treated as stock acquired by the
debt holder at its original issue and solely in
exchange for cash if the debt holder previously
acquired the convertible debt at its original issue and
solely in exchange for cash. In the case of an
acquisition of stock in exchange for convertible debt,
the requirements of this paragraph shall be applied
separately as of the time of closing on the investment
in convertible debt, and as of the time of actual
conversion (or deemed conversion under this section) of
the convertible debt for stock, except that the
requirements of subparagraph (H) shall be applied only
as of the time of closing on the issuance of the
convertible debt.
``(E) Biomedical research corporation must meet 5-
year expenditure test with respect to any qualified
investment.--
``(i) In general.--This paragraph shall not
apply to a qualified investment in a biomedical
research corporation unless such corporation
meets the expenditure test for each year of the
measuring period.
``(ii) Measuring period.--For purposes of
this subparagraph, the term `measuring period'
means, with respect to any qualified
investment, the taxable year of the biomedical
research corporation in which the closing on
the investment occurs, the 2 preceding taxable
years, and the 2 subsequent taxable years.
``(iii) Clinical testing.--For purposes of
this subparagraph, the term `clinical testing'
means any human clinical testing which is
carried out under any investigational new drug
application in effect under section 505 of the
Federal Food, Drug, and Cosmetic Act.
``(F) Effect of corporate redemptions on qualified
investments.--Rules similar to the rules of section
1202(c)(3) shall apply to qualified investments under
this paragraph except that `stock acquired in a
qualified investment' shall be substituted for
`qualified small business stock' each place it appears
therein.
``(G) Effect of other transactions between
biomedical research corporations and investors making
qualified investments.--
``(i) In general.--If, during the 2-year
period beginning 1 year before any qualified
investment, the biomedical research corporation
engages in another transaction with a member of
its qualified investment group and such
biomedical research corporation receives any
consideration other than cash in such
transaction, there shall be a presumption that
stock received in the otherwise qualified
investment transaction was not received solely
in exchange for cash.
``(ii) Qualified investment group.--For
purposes of this subparagraph, the term
`qualified investment group' means, with
respect to any qualified investment, one or
more persons who receive stock issued in
exchange for the qualified investment, and any
person related to such persons within the
meaning of section 267(b) or section 707(b).
``(iii) Regulations.--The Secretary shall
promulgate regulations exempting from this
subparagraph transactions which are customary
in the bioscience research industry and are of
minor value relative to the amount of the
qualified investment.
``(H) Proceeds of qualified investments shall be
devoted to research on preexisting technology.--
``(i) In general.--This paragraph shall not
apply to any qualified investment unless the
net proceeds of such qualified investment do
not exceed the excess of--
``(I) the sum of the biomedical
research corporation's aggregate
qualifying clinical expenditures for
the 3 years following the qualified
investment, over
``(II) three times the
corporation's qualifying clinical
expenditures for the year preceding the
qualified investment, plus the amount
of the corporation's cash and cash
equivalents immediately before the
closing on the qualified investment.
``(ii) Qualifying clinical expenditures.--
For purposes of this subparagraph, the term
`qualifying clinical expenditures' means
amounts described in section 41(b) which are
paid or incurred by a biomedical research
corporation for clinical testing in connection
with a drug or biologic for which an
investigational new drug application is in
effect under section 505 of the Federal Food,
Drug, and Cosmetic Act and which is (at the
time of the closing on the qualified
investment) under study in phase II or phase
III of a clinical investigation carried out
under such section.
``(I) Regulations.--The Secretary may issue such
regulations as may be appropriate to achieve the
purposes of this paragraph, to prevent abuse, and to
provide for treatment of biomedical research
corporations under sections 383 and 384 that is
consistent with the purposes of this paragraph.''.
(b) Proceeds of Equity Investments To Be Treated as Working
Capital.--Subparagraph (C) of section 382(l)(4) of such Code is amended
by adding at the end the following: ``Such term shall not include any
assets reasonably expected to be used within 3 years to fund qualifying
clinical expenditures (as defined in paragraph (9)(H)(ii) without
regard to the parenthetical therein).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Biotechnology Future Investment Expansion Act of 2003 - Amends the Internal Revenue Code to provide that in the case of a biomedical research corporation, any owner shift involving a five-percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated as occurring before the testing period. (Thus not counting toward net operating loss and tax credit carryover limitations.)
Defines: (1) "biomedical research corporation" as a domestic corporation not in bankruptcy which has a drug or biologic in certain clinical trials; and (2) "qualified investment" as a stock acquisition in a biomedical research corporation acquired in cash at its original issue.
Requires a biomedical research corporation to meet a five-year expenditure test with respect to any qualified investment. | A bill to permit biomedical research corporations to engage in certain equity financings without incurring limitations on net operating loss carryforwards and certain built-in losses, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduation Really Achieves Dreams
Act'' or the ``GRAD Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The national secondary school graduation rate is only
70 percent. For the class of 2001, the national graduation rate
was only 51 percent for African-American students and 52
percent for Latino students.
(2) In our Nation's high poverty urban districts, as few as
\1/3\ of students graduate from secondary school. In these
places, completion rates among certain disadvantaged groups of
students are often lower still.
(3) In rural areas, where \1/3\ of American students attend
school, only 58.8 percent of students attend institutions of
higher education, compared with 68.2 percent of American
students from urban and suburban areas.
(4) Each school day, approximately 3,000 secondary school
students drop out of school.
(5) Alaska Natives have a substantially higher dropout rate
than all other students in Alaska as a group. The dropout rate
is 8.8 percent for Alaska Natives compared to 4.7 percent for
the 2001-2002 school year for other students in Alaska.
(6) The 6,000,000 secondary students who make up the lowest
25 percent in terms of achievement scores are 3.5 times more
likely to drop out of secondary school than students in the
next highest quarter of academic achievement, and are 20 times
more likely to drop out than high achieving students.
(7) Approximately 25 percent of secondary school students
are reading at below basic levels. The problem is even more
severe for poor students of color. The average minority or low-
income 9th grader performs at only the 5th or 6th grade level
in reading.
(8) During the 2002-2003 school year Alaska Benchmark
Examinations, significantly lower percentages of Alaska Natives
were proficient in reading, writing, and mathematics at each of
the 3 tested grade levels when compared to all other students.
These achievement gaps persist into secondary school, where
significantly lower percentages of Alaska Natives were
proficient in the subjects tested on the Alaska High School
Graduation Qualifying Examination in all grade levels where
that test was administered in 2002-2003 school year.
(9) Achievement gaps persist across racial and
socioeconomic lines in rural schools. There are 2,500,000 poor
children in rural areas and the child poverty rate in some
rural areas is 2 to 3 times the national average.
(10) Recruiting and retaining good teachers is an enormous
challenge in rural areas. The average salary in rural districts
is 13.4 percent lower than in nonrural areas, and teachers
often teach more than 1 subject, teach in poor working
conditions, live far from colleges, have little access to
training, and face geographic and social isolation.
(11) Low graduation rates and college attendance rates are
evidence that, in the earlier grades, schools are not meeting
the fundamental achievement needs of low-income, minority, and
rural students.
(12) Even those students who do graduate from secondary
schools and go on to college are struggling because they lack
the basic skills to succeed. Approximately 40 percent of all 4-
year college students take a remedial course and 63 percent of
all community college students are assigned to at least 1
remedial course.
(13) A small percentage of low-income students who manage
to enter college are able to complete a degree. Of students
from families in the bottom 20 percent in terms of income who
enter college, only 27 percent go on to complete a 2- or 4-year
college degree within 8 years.
(14) Graduation rates impact early drop-out rates in the
military. The attrition rates in the military of both
individuals who are not secondary school graduates and GED
recipients are 8 percentage points higher than the attrition
rate of secondary school graduates. As a result, the Armed
Forces no longer accept secondary school dropouts and put less
value on alternative certificates.
(15) Students who fail to graduate from secondary school
are more likely to engage in criminal activity than students
who graduate. A 1-percent increase in secondary school
graduation rates would save approximately $1,400,000,000 in
costs associated with incarceration, or about $2,100 for each
male secondary school graduate.
(16) In today's workplace, nearly 8 in 10 adults with
baccalaureate degrees are employed, but for those who completed
secondary school only, the number falls to about 6 in 10. And
for students who dropped out of secondary school, the number
drops further to 4 in 10.
(17) Employment projections indicate that jobs requiring
only a secondary school degree will grow by just 9 percent by
the year 2008, while those jobs requiring a bachelor's degree
will grow by 25 percent and those jobs requiring an associate's
degree will grow by 31 percent.
(18) Personalization of the school environment has been
proven to increase success rates for low-performing secondary
school students. Nearly 50 percent of middle school youth and
40 percent of secondary school youth report feelings of
disengagement from school. Rates are even higher for teens and
minorities in urban schools. These feelings result in failure
to work hard, to seek assistance, or to take appropriate
courses.
(19) Effective research-based education programs that
improve secondary school graduation rates are comprehensive in
nature and include interventions that begin in kindergarten or
earlier and span all the grades through grade 12.
SEC. 3. DEFINITIONS.
In this Act:
(1) At-risk.--The term ``at-risk'' has the same meaning
given such term in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472).
(2) Feeder pattern.--The term ``feeder pattern'' means a
secondary school and the elementary schools and middle schools
that channel students into that secondary school.
(3) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given such terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PROJECT GRAD.
(a) Purposes.--The purposes of this Act are--
(1) to provide support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation, college attendance, and
college completion rates for at-risk students; and
(2) to promote the establishment of new programs to
implement such integrated education reform services.
(b) Grant Authorized.--The Secretary is authorized to award a grant
to Project GRAD USA (referred to in this Act as the ``grantee''), a
nonprofit educational organization that has as its primary purpose the
improvement of secondary school graduation, college attendance, and
college completion rates for at-risk students, to implement and sustain
the integrated education reform services described in subsection (d)(3)
at existing Project GRAD program sites and to promote the expansion of
Project GRAD programs to new sites.
(c) Requirements of Grant Agreement.--The Secretary shall enter
into an agreement with the grantee that requires that the grantee
shall--
(1) enter into subcontracts with nonprofit educational
organizations that serve a substantial number or percentage of
at-risk students (referred to in this Act as
``subcontractors''), under which the subcontractors agree to
implement the programs described in subsection (d) and provide
matching funds for such programs;
(2) directly carry out--
(A) activities to implement and sustain the
reading, mathematics, classroom management, social
service, and college access programs described in
subsection (d)(3);
(B) activities to build the organizational and
management capacity of the subcontractors to
effectively implement and sustain the programs;
(C) activities for the purpose of improving and
expanding the programs, including activities to further
articulate a program for 1 or more grade levels and
across grade levels, to tailor a program for a
particular target audience, and to provide tighter
integration across programs;
(D) activities for the purpose of implementing new
Project GRAD program sites;
(E) activities for the purpose of promoting greater
public awareness of integrated education reform
services to improve secondary school graduation,
college attendance, and college completion rates for
at-risk students; and
(F) other activities directly related to improving
secondary school graduation, college attendance, and
college completion rates for at-risk students; and
(3) use grant funds available under this Act to pay--
(A) to subcontractors the amount determined under
subsection (f); and
(B) the costs associated with carrying out the
activities described in paragraph (2).
(d) Supported Programs.--
(1) Designation.--The subcontractor programs referred to in
subsection (c)(1) shall be known as ``Project GRAD programs''.
(2) Feeder patterns.--Each subcontractor shall implement a
Project GRAD program and shall, with the agreement of the
grantee--
(A) identify or establish not less than 1 feeder
pattern of public schools; and
(B) provide the integrated educational reform
services described in paragraph (3) at the identified
feeder pattern or feeder patterns.
(3) Integrated education reform services.--The services
provided through a Project GRAD program shall include--
(A) research-based programs in reading,
mathematics, and classroom management;
(B) campus-based social services programs,
including a systematic approach to increase family and
community involvement in the schools served by the
Project GRAD program;
(C) a college access program that includes--
(i) providing college scholarships for
students who meet established criteria;
(ii) proven approaches for increasing
student and family college awareness; and
(iii) assistance for such students in
applying for higher education financial aid;
and
(D) such other services identified by the grantee
as necessary to increase secondary school graduation,
college attendance, and college completion rates.
(e) Grantee Use of Funds.--Of the funds made available under this
Act, not more than 8 percent, or $4,000,000, whichever is less, shall
be used by the grantee to pay for administration of the grant, with the
remainder of funds to be used for the purposes described in subsection
(c) (1) and (2).
(f) Grantee Contribution and Matching Requirement.--
(1) In general.--The grantee shall provide to each
subcontractor an average of $200 for each pupil served by the
subcontractor in the Project GRAD program, adjusted to take
into consideration--
(A) the resources available in the area where the
subcontractor will implement the Project GRAD program;
and
(B) the need for Project GRAD programs in such area
to improve student outcomes, including reading and
mathematics achievement and, where applicable,
secondary school graduation, college attendance, and
college completion rates.
(2) Matching requirement.--Each subcontractor shall provide
funds for the Project GRAD program in an amount that is equal
to the amount received by the subcontractor from the grantee.
Such matching funds may be provided in cash or in kind, fairly
evaluated.
(3) Waiver authority.--The grantee may waive, in whole or
in part, the requirement of paragraph (2) for a subcontractor,
if the subcontractor--
(A) demonstrates that the subcontractor would not
otherwise be able to participate in the program; and
(B) enters into an agreement with the grantee with
respect to the amount to which the waiver will apply.
(4) Decrease in grantee share.--Based on the funds or
resources available to a subcontractor, the grantee may elect
to provide the subcontractor with an amount that is less than
the amount determined under paragraph (1).
(g) Evaluation.--
(1) Evaluation by the secretary.--The Secretary shall
select an independent entity to evaluate, every 3 years, the
performance of students who participate in a Project GRAD
program under this Act. The evaluation shall--
(A) be conducted using the strongest possible
research design for determining the effectiveness of
the Project GRAD programs funded under this Act; and
(B) compare reading and mathematics achievement
and, where applicable, the secondary school graduation,
college attendance, and college completion rates of
students who participate in a Project GRAD program
funded under this Act with those indicators for
students of similar backgrounds who do not participate
in such programs.
(2) Evaluation by grantee and subcontractors.--
(A) In general.--The grantee shall require each
subcontractor to prepare an in-depth report of the
results and the use of funds of each Project GRAD
program funded under this Act that includes--
(i) data on the reading and mathematics
achievement of students involved in the Project
GRAD program;
(ii) statistics on secondary school
graduation, college attendance, and college
completion rates; and
(iii) such financial reporting as required
by the Secretary to review the effectiveness
and efficiency of the program.
(B) Form of report.--The report shall be in a form
and include such content as shall be determined by the
grantee, in consultation with the Secretary or the
entity selected by the Secretary to evaluate the
Project GRAD programs in accordance with paragraph (1).
(3) Availability of evaluations.--Copies of any evaluation
or report prepared under this subsection shall be made
available to--
(A) the Secretary;
(B) the chairperson and ranking member of the
Committee on Health, Education, Labor, and Pensions of
the Senate; and
(C) the chairperson and ranking member of the
Committee on Education and the Workforce of the House
of Representatives.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$27,000,000 for fiscal year 2006, and such sums as may be necessary for
each of the 5 succeeding fiscal years. | Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for at-risk students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services.
Requires the grantee to select only subgrantees that serve a substantial number or percentage of at-risk students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary. | A bill to provide for Project GRAD programs, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asbestos Management Incentive Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Although asbestos is hazardous, the risk of asbestos-
related disease depends upon exposure to airborne asbestos
fibers.
(2) Data available to the Environmental Protection Agency
suggest that average airborne asbestos levels in buildings are
very low. Accordingly, the health risk to most building
occupants also appears to be very low.
(3) The Environmental Protection Agency has estimated that
only 20 percent of all buildings (including public and
commercial buildings, residential apartment buildings of 10
units or more, and Federal buildings) contain friable asbestos-
containing material.
(4) The Environmental Protection Agency has found that
removal of asbestos is often not the best course of action to
reduce asbestos exposure. In fact, by releasing asbestos-
containing material fibers into the air, an improper or
unnecessary removal can create a dangerous situation where none
previously existed and could result in a net increase in human
exposures and risks.
(5) The Environmental Protection Agency requires asbestos
removal only to prevent significant public exposure to airborne
asbestos fibers during building demolition or renovation
activities.
(6) Many lending institutions require the removal of
asbestos, regardless of its condition, from commercial
buildings before approving loans secured by those buildings
because of the potential liability for the health of the
occupants or property damages for failure to remove the
asbestos.
(7) The Environmental Protection Agency recommends a pro-
active, in-place management program whenever intact asbestos-
containing material is discovered.
(8) The American Medical Association's Council on
Scientific Affairs has stated that ``it is better that society
use its limited financial resources in learning how to live
safely with [asbestos] than in attempting to remove it totally
from the environment.''
(9) The September 1991 report of the Health Effects
Institute's Asbestos Literature Review Panel stated that
``there does not appear to be sufficient risk to the health of
general occupants to justify arbitrarily removing intact
asbestos-containing material from well-maintained buildings''.
The report also acknowledged that ``because custodial and
maintenance workers may be transiently exposed to higher levels
of asbestos, their added life-time risk of cancer may be
appreciably higher.''
SEC. 3. EFFECT OF ASBESTOS INSPECTION ON LENDING INSTITUTIONS.
(a) Liability Immunity.--A lending institution that makes a loan or
other extension of credit secured by a mortgage or other lien on a
commercial building shall not be liable, from the time the loan or
other extension of credit is made until it is renegotiated or a
superseding loan or other extension of credit is made, under any
Federal, State, or local law to any person for injuries, costs,
damages, expenses, loss, or other obligation (including claims for
indemnification or contribution and claims by third parties for death,
personal injury, illness or loss of or damage to property or economic
loss) which results from the presence of asbestos-containing material
in the building in any case in which--
(1) the building was constructed during the 5-year period
ending on the date that the loan or other extension of credit
is made, and the building's construction manager certifies that
the building contains no asbestos-containing material; or
(2) the building--
(A) is one for which an asbestos inspection was
conducted in accordance with section 6 after January 1,
1989, and during the 5-year period ending on the date
that the loan or other extension of credit is made (as
demonstrated by appropriate documentation);
(B) has not been significantly rebuilt or renovated
in the area that contains asbestos-containing material
since that inspection was completed;
(C) is one in which that portion of asbestos-
containing material which the management planner
recommended for removal has been removed in accordance
with the Occupational Safety and Health Act and the
regulations promulgated pursuant to section 7(a); and
(D) is one in which an operations and maintenance
program is currently being conducted in accordance with
section 8 and the regulations promulgated pursuant to
section 7(a) for remaining asbestos-containing
materials which the management planner recommended be
handled in place.
(b) Limitation.--The immunity from liability provided in subsection
(a) shall not apply if--
(1) the lending institution requires removal of asbestos-
containing material that the management planner has recommended
be handled in place; or
(2) the lending institution requires an asbestos inspection
of the building despite the fact that--
(A) the loan applicant demonstrates, with
appropriate documentation, that the conditions in
subsection (a)(1) or (a)(2) have been satisfied; or
(B) the loan applicant demonstrates, with
appropriate documentation, that all asbestos-containing
material has been removed from the building.
(c) Exclusion.--The immunity from liability provided in subsection
(a) shall not apply to a subsidiary of a lending institution in any
case in which the lending institution makes a loan or other extension
of credit secured by a mortgage or other lien on a commercial building,
and the subsidiary is the person to which the loan or other extension
of credit is made. For purposes of this subsection, the term
``subsidiary'' means any company that is owned or controlled, directly
or indirectly, by a lending institution.
(d) Effective Date.--This section shall take effect upon the
promulgation of regulations by the Administrator of the Environmental
Protection Agency pursuant to section 7(a).
SEC. 4. LIABILITY IN THE EVENT OF FORECLOSURE.
In the case of a lending institution that is immune from liability
with respect to a commercial building under section 3 and acquires
title to such building through foreclosure or other exercise of rights
under a security interest, the immunity from liability shall continue
in effect so long as the lending institution maintains the operations
and maintenance program for the building in accordance with the
regulations promulgated pursuant to section 7(a), the Environmental
Protection Agency asbestos guidance documents, and this Act.
SEC. 5. CONSTRUCTION OF ACT.
The requirement by a lending institution that a loan applicant
conduct an asbestos inspection in accordance with this Act of a
building to be secured by a loan, and the conducting of an operations
and maintenance program in the building after foreclosure or other
exercise of rights under a security interest, shall not be construed as
participation in the management of the building by the lending
institution and shall be considered to be an activity carried out by
the lending institution solely to protect the institution's security
interest.
SEC. 6. ASBESTOS INSPECTION REQUIREMENTS.
(a) In General.--For purposes of this Act, an asbestos inspection
of a commercial building, if the loan applicant chooses to obtain one,
shall be conducted by a qualified management planner for the purpose of
determining whether asbestos-containing material is present in the
building. If an inspection reveals the presence of asbestos-containing
material, the management planner shall recommend specific response
actions for each individual area of the building where such material is
found. The recommendations shall be made in accordance with the
regulations promulgated pursuant to section 7(a) and with the
Environmental Protection Agency asbestos guidance documents.
(b) Management Planner Qualifications.--For purposes of this Act, a
qualified management planner is a person who meets all of the following
requirements:
(1) The person must be accredited, pursuant to title II of
the Toxic Substances Control Act, as an inspector and
management planner for asbestos-containing material in a public
or commercial building.
(2) The person must not own or control or be under the
control of (A) any entity which carries out response actions
for asbestos-containing material from buildings, (B) any owner
or manager of the building being inspected, or (C) any lending
institution making a loan or other extension of credit secured
by a mortgage or other lien on the building being inspected.
For purposes of this paragraph, a person controls an entity if
the person, directly or indirectly, owns any amount of the
voting stock or other type of ownership interest in the entity.
(c) Accreditation of Management Planners for Public and Commercial
Buildings.--Section 206 of the Toxic Substances Control Act (15 U.S.C.
2646) is amended as follows:
(1) Paragraph (2) of subsection (a) is amended by inserting
before the comma the following: ``or for a public or commercial
building''.
(2) Clause (ii) of subsection (a)(1)(A) is amended by
inserting before the period the following: ``or for public or
commercial buildings''.
SEC. 7. ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS.
(a) Asbestos Inspection and Management Standards for Public and
Commercial Buildings.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate regulations governing the inspection
and management of asbestos in public and commercial buildings for
purposes of this Act only. The regulations shall include--
(1) detailed guidelines for management planners to
determine whether asbestos-containing material should be
removed or managed in place in a public or commercial building;
(2) appropriate practices for conducting operations and
maintenance programs in public or commercial buildings in which
asbestos-containing material is managed in place; and
(3) standards, applicable to persons complying with section
8(1), for periodic surveillance of asbestos-containing material
that is managed in place in commercial buildings, including
standards for the training of maintenance and custodial staff
working in such buildings that are equivalent to the standards
for the training of maintenance and custodial staff of local
educational agencies under title II of the Toxic Substances
Control Act.
(b) Revision of Environmental Protection Agency Asbestos Guidance
Documents.--The Administrator of the Environmental Protection Agency
shall periodically update, revise, and republish the Environmental
Protection Agency asbestos guidance documents.
SEC. 8. OPERATION AND MAINTENANCE REQUIREMENTS.
For purposes of section 3(a)(2)(D), the following requirements must
be met after an asbestos inspection of the building concerned is
conducted:
(1) The owner or operator shall ensure that the remaining
asbestos-containing material is visually inspected, not less
frequently than every 6 months, by a member of the maintenance
or custodial staff, or another person, who has undergone
training in accordance with the standards contained in the
regulations promulgated pursuant to section 7(a)(4).
(2) All remaining accessible asbestos-containing material
in public and maintenance areas of the building, including
asbestos in thermal system insulation and spray-on and
trowelled-on asbestos-containing material but excluding intact
vinyl floor tile and ceiling tile in public areas, shall be
prominently labeled. The owner or operator shall ensure that
access to any remaining asbestos-containing material located in
inaccessible areas, such as in spaces between floors or walls
of the building, is permitted only to persons who have been
notified of the presence of the asbestos-containing material.
(3) After the inspection referred to in section 3(a)(2)(A),
a report on the inspection shall be kept on file in the
building. Such report shall include an accounting of remaining
asbestos-containing material, any such material recommended for
removal, and any removal that has taken place since the
previous inspection. Such report shall be available in the
building, in the administrative offices or other appropriate
place for inspection by tenants and employees in the building,
maintenance workers of the building, and building contractors.
The inspection report shall be updated after each subsequent
inspection pursuant to paragraph (1) and after any change in
condition of asbestos-containing material being managed in
place.
(4) After each inspection pursuant to paragraph (1), the
owner of the building shall notify maintenance workers of the
building, either in writing or by posting notice, that an
inspection has occurred and that an inspection report is
available for inspection.
SEC. 9. RELATIONSHIP TO OTHER LAW.
(a) Clean Air Act.--Nothing in this Act shall be construed or
interpreted to preempt, supersede, or otherwise affect any requirement
to remove asbestos from a building pursuant to section 112 of the Clean
Air Act (42 U.S.C. 7412), as implemented through regulations known as
the national emission standards for hazardous air pollutants (40 C.F.R.
61).
(b) Limited Requirements.--Nothing in this Act shall be construed
or interpreted as a general requirement for inspections or operations
and maintenance programs in public and commercial buildings. The
requirements of sections 6, 7, and 8 are established solely to enable
lending institutions to satisfy the conditions of this Act for purposes
of obtaining immunity from liability under section 3.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``asbestos-containing material'' has the
meaning given that term by section 202(4) of the Toxic
Substances Control Act (15 U.S.C. 2642(4)).
(2) The term ``commercial building'' means any building
that is not a publicly owned building and that is not a school
building as defined in section 202(13) of the Toxic Substances
Control Act, except that such term does not include any
residential building of fewer than 10 units that is not part of
a complex of other residential buildings under common
ownership.
(3) The term ``EPA asbestos guidance documents'' means--
(A) the most current version of the publication of
the Environmental Protection Agency titled ``Guidance
for Controlling Asbestos-Containing Materials in
Buildings'' (also known as the ``Purple Book'');
(B) the most current version of the publication of
the Environmental Protection Agency titled ``Managing
Asbestos in Place'' (also known as the ``Green Book'');
and
(C) any other publication of the Environmental
Protection Agency, including any guidance documents
published pursuant to section 7(a), published for the
purpose of enabling building owners to select and apply
appropriate asbestos control and abatement actions in
their buildings.
(4) The term ``lending institution'' means (A) a bank,
savings and loan association, credit union, or similar
institution insured by, or subject to the supervision,
approval, or regulation of, the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, the Comptroller of the Currency, the Office of
Thrift Supervision, or the National Credit Union
Administration; (B) any other person, including an insurance
company, that makes direct loans or other extensions of credit
secured by mortgages or other liens on commercial buildings;
(C) any Federal agency to the extent the agency makes direct
loans or other extensions of credit secured by mortgages or
other liens on commercial buildings; and (D) the Federal
Deposit Insurance Corporation, the National Credit Union
Administrator Board, and the Resolution Trust Corporation, in
such corporation's or Board's capability as conservator,
receiver, or liquidating agency for any insured depository
institution (as that term is defined in section 3 of the
Federal Deposit Insurance Act). The term does not include any
institution or Federal agency engaged primarily in the purchase
of mortgage loans.
(5) The term ``mortgage'' means a lien as is commonly given
to secure advances on, or the unpaid purchase price of, a
commercial building (and related real estate) under the laws of
the State in which the building is located, together with the
credit instrument, if any, secured thereby. The term includes
second mortgages and other subsequent liens on a commercial
building given to secure advances or loans.
(6) The term ``response action'' has the meaning given that
term by section 202(11) of the Toxic Substances Control Act (15
U.S.C. 2642(11)).
HR 1000 IH----2 | Asbestos Management Incentive Act - Absolves lending institutions that make loans or credit secured by liens on commercial buildings from liability resulting from asbestos material in any case in which the building was constructed during the five-year period ending on the date that the loan was made and the building's construction manager certifies that the building contains no asbestos-containing material, or in the case of any building: (1) for which an asbestos inspection was conducted after January 1, 1989, and during such five-year period; (2) that has not been significantly rebuilt in the area that contains such material since that inspection was completed; (3) for which that portion of material recommended for removal has been removed; and (4) for which an operations and maintenance program is currently being conducted.
Bars immunity from liability if the lending institution requires: (1) removal of material that the management planner has recommended be handled in place; or (2) an asbestos inspection of the building despite the fact that the loan applicant demonstrates that certain conditions have been satisfied or that all such material has been removed. Makes immunity inapplicable to a subsidiary of a lending institution if the subsidiary is the person to whom the loan is made.
Continues liability for institutions that acquire title to a building through foreclosure as long as the institution maintains an operation and maintenance program.
Sets forth requirements for asbestos inspections and management planner qualifications.
Amends the Toxic Substances Control Act to prohibit persons from preparing asbestos management plans for public or commercial buildings unless they are accredited.
Directs the Administrator of the Environmental Protection Agency to: (1) promulgate regulations governing the inspection and management of asbestos in public and commercial buildings; and (2) update and revise asbestos guidance documents periodically.
Requires, after an asbestos inspection: (1) the remaining asbestos-containing material to be visually inspected every six months; (2) all remaining material in public and maintenance areas of the building to be prominently labeled; and (3) a report to be completed and made available to maintenance workers. | Asbestos Management Incentive Act | [
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SECTION 1. FINANCIAL INFORMATION PRIVACY.
(a) In General.--The Consumer Credit Protection Act (15 U.S.C. 1601
et seq.) is amended by adding at the end the following:
``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION
``Sec.
``1001. Short title.
``1002. Definitions.
``1003. Privacy protection for customer information of financial
institutions.
``1004. Administrative enforcement.
``1005. Civil liability.
``1006. Criminal penalty.
``1007. Relation to State laws.
``1008. Agency guidance.
``Sec. 1001. Short title
``This title may be cited as the `Financial Information Privacy
Act'.
``Sec. 1002. Definitions
``For purposes of this title, the following definitions shall
apply:
``(1) Customer.--The term `customer' means, with respect to
a financial institution, any person (or authorized
representative of a person) to whom the financial institution
provides a product or service, including that of acting as a
fiduciary.
``(2) Customer information of a financial institution.--The
term `customer information of a financial institution' means
any information maintained by a financial institution which is
derived from the relationship between the financial institution
and a customer of the financial institution and is identified
with the customer.
``(3) Document.--The term `document' means any information
in any form.
``(4) Financial institution.--
``(A) In general.--The term `financial institution'
means any institution engaged in the business of
providing financial services to customers who maintain
a credit, deposit, trust, or other financial account or
relationship with the institution.
``(B) Certain financial institutions specifically
included.--The term `financial institution' includes
any depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act), any loan or
finance company, any credit card issuer or operator of
a credit card system, and any consumer reporting agency
that compiles and maintains files on consumers on a
nationwide basis (as defined in section 603(p)).
``(C) Further definition by regulation.--The Board
of Governors of the Federal Reserve System may
prescribe regulations further defining the term
`financial institution', in accordance with
subparagraph (A), for purposes of this title.
``Sec. 1003. Privacy protection for customer information of financial
institutions
``(a) Prohibition on Obtaining Customer Information by False
Pretenses.--It shall be a violation of this title for any person to
obtain or attempt to obtain, or cause to be disclosed or attempt to
cause to be disclosed to any person, customer information of a
financial institution relating to another person--
``(1) by knowingly making a false, fictitious, or
fraudulent statement or representation to an officer, employee,
or agent of a financial institution with the intent to deceive
the officer, employee, or agent into relying on that statement
or representation for purposes of releasing the customer
information;
``(2) by knowingly making a false, fictitious, or
fraudulent statement or representation to a customer of a
financial institution with the intent to deceive the customer
into relying on that statement or representation for purposes
of releasing the customer information or authorizing the
release of such information; or
``(3) by knowingly providing any document to an officer,
employee, or agent of a financial institution, knowing that the
document is forged, counterfeit, lost, or stolen, was
fraudulently obtained, or contains a false, fictitious, or
fraudulent statement or representation, if the document is
provided with the intent to deceive the officer, employee, or
agent into relying on that document for purposes of releasing
the customer information.
``(b) Prohibition on Solicitation of a Person To Obtain Customer
Information From Financial Institution Under False Pretenses.--It shall
be a violation of this title to request a person to obtain customer
information of a financial institution, knowing or consciously avoiding
knowing that the person will obtain, or attempt to obtain, the
information from the institution in any manner described in subsection
(a).
``(c) Nonapplicability to Law Enforcement Agencies.--No provision
of this section shall be construed so as to prevent any action by a law
enforcement agency, or any officer, employee, or agent of such agency,
to obtain customer information of a financial institution in connection
with the performance of the official duties of the agency.
``(d) Nonapplicability to Financial Institutions in Certain
Cases.--No provision of this section shall be construed so as to
prevent any financial institution, or any officer, employee, or agent
of a financial institution, from obtaining customer information of such
financial institution in the course of--
``(1) testing the security procedures or systems of such
institution for maintaining the confidentiality of customer
information;
``(2) investigating allegations of misconduct or negligence
on the part of any officer, employee, or agent of the financial
institution; or
``(3) recovering customer information of the financial
institution which was obtained or received by another person in
any manner described in subsection (a) or (b).
``(e) Nonapplicability to Certain Types of Customer Information of
Financial Institutions.--No provision of this section shall be
construed so as to prevent any person from obtaining customer
information of a financial institution that otherwise is available as a
public record filed pursuant to the securities laws (as defined in
section 3(a)(47) of the Securities Exchange Act of 1934).
``Sec. 1004. Administrative enforcement
``(a) Enforcement by Federal Trade Commission.--Except as provided
in subsection (b), compliance with this title shall be enforced by the
Federal Trade Commission in the same manner and with the same power and
authority as the Commission has under title VIII, the Fair Debt
Collection Practices Act, to enforce compliance with such title.
``(b) Enforcement by Other Agencies in Certain Cases.--
``(1) In general.--Compliance with this title shall be
enforced under--
``(A) section 8 of the Federal Deposit Insurance
Act, in the case of--
``(i) national banks, and Federal branches
and Federal agencies of foreign banks, by the
Office of the Comptroller of the Currency;
``(ii) member banks of the Federal Reserve
System (other than national banks), branches
and agencies of foreign banks (other than
Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial
lending companies owned or controlled by
foreign banks, and organizations operating
under section 25 or 25A of the Federal Reserve
Act, by the Board;
``(iii) banks insured by the Federal
Deposit Insurance Corporation (other than
members of the Federal Reserve System and
national nonmember banks) and insured State
branches of foreign banks, by the Board of
Directors of the Federal Deposit Insurance
Corporation; and
``(iv) savings associations the deposits of
which are insured by the Federal Deposit
Insurance Corporation, by the Director of the
Office of Thrift Supervision; and
``(B) the Federal Credit Union Act, by the
Administrator of the National Credit Union
Administration with respect to any Federal credit
union.
``(2) Violations of this title treated as violations of
other laws.--For the purpose of the exercise by any agency
referred to in paragraph (1) of its powers under any Act
referred to in that paragraph, a violation of this title shall
be deemed to be a violation of a requirement imposed under that
Act. In addition to its powers under any provision of law
specifically referred to in paragraph (1), each of the agencies
referred to in that paragraph may exercise, for the purpose of
enforcing compliance with this title, any other authority
conferred on such agency by law.
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such other
remedies as are provided under State law, if the chief law
enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating this title, the State--
``(A) may bring an action to enjoin such violation
in any appropriate United States district court or in
any other court of competent jurisdiction;
``(B) may bring an action on behalf of the
residents of the State to recover damages of not more
than $1,000 for each violation; and
``(C) in the case of any successful action under
subparagraph (A) or (B), shall be awarded the costs of
the action and reasonable attorney fees as determined
by the court.
``(2) Rights of federal regulators.--
``(A) Prior notice.--The State shall serve prior
written notice of any action under paragraph (1) upon
the Federal Trade Commission and, in the case of an
action which involves a financial institution described
in section 1004(b)(1), the agency referred to in such
section with respect to such institution and provide
the Federal Trade Commission and any such agency with a
copy of its complaint, except in any case in which such
prior notice is not feasible, in which case the State
shall serve such notice immediately upon instituting
such action.
``(B) Right to intervene.--The Federal Trade
Commission or an agency described in subsection (b)
shall have the right--
``(i) to intervene in an action under
paragraph (1);
``(ii) upon so intervening, to be heard on
all matters arising therein;
``(iii) to remove the action to the
appropriate United States district court; and
``(iv) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, no provision of this subsection
shall be construed as preventing the chief law enforcement
officer, or an official or agency designated by a State, from
exercising the powers conferred on the chief law enforcement
officer or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations or to
compel the attendance of witnesses or the production of
documentary and other evidence.
``(4) Limitation on state action while federal action
pending.--If the Federal Trade Commission or any agency
described in subsection (b) has instituted a civil action for a
violation of this title, no State may, during the pendency of
such action, bring an action under this section against any
defendant named in the complaint of the Federal Trade
Commission or such agency for any violation of this title that
is alleged in that complaint.
``Sec. 1005. Civil liability
``Any person, other than a financial institution, who fails to
comply with any provision of this title with respect to any financial
institution or any customer information of a financial institution
shall be liable to such financial institution or the customer to whom
such information relates in an amount equal to the sum of the amounts
determined under each of the following paragraphs:
``(1) Actual damages.--The greater of--
``(A) the amount of any actual damage sustained by
the financial institution or customer as a result of
such failure; or
``(B) any amount received by the person who failed
to comply with this title, including an amount equal to
the value of any nonmonetary consideration, as a result
of the action which constitutes such failure.
``(2) Additional damages.--Such additional amount as the
court may allow.
``(3) Attorneys' fees.--In the case of any successful
action to enforce any liability under paragraph (1) or (2), the
costs of the action, together with reasonable attorneys' fees.
``Sec. 1006. Criminal penalty
``(a) In General.--Whoever violates, or attempts to violate,
section 1003 shall be fined in accordance with title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or
attempts to violate, section 1003 while violating another law of the
United States or as part of a pattern of any illegal activity involving
more than $100,000 in a 12-month period shall be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of title 18, United States Code, imprisoned for not more than 10
years, or both.
``Sec. 1007. Relation to State laws
``(a) In General.--This title shall not be construed as
superseding, altering, or affecting the statutes, regulations, orders,
or interpretations in effect in any State, except to the extent that
such statutes, regulations, orders, or interpretations are inconsistent
with the provisions of this title, and then only to the extent of the
inconsistency.
``(b) Greater Protection Under State Law.--For purposes of this
section, a State statute, regulation, order, or interpretation is not
inconsistent with the provisions of this title if the protection such
statute, regulation, order, or interpretation affords any person is
greater than the protection provided under this title.
``Sec. 1008. Agency guidance
``In furtherance of the objectives of this title, each Federal
banking agency (as defined in section 3(z) of the Federal Deposit
Insurance Act) shall issue advisories to depository institutions under
the jurisdiction of the agency, in order to assist such depository
institutions in deterring and detecting activities proscribed under
section 1003.''.
(b) Report to the Congress.--Before the end of the 18-month period
beginning on the date of the enactment of this Act, the Comptroller
General, in consultation with the Federal Trade Commission, Federal
banking agencies, and appropriate Federal law enforcement agencies,
shall submit to the Congress a report on the following:
(1) The efficacy and adequacy of the remedies provided in
the amendments made by subsection (a) in addressing attempts to
obtain financial information by fraudulent means or by false
pretenses.
(2) Any recommendations for additional legislative or
regulatory action to address threats to the privacy of
financial information created by attempts to obtain information
by fraudulent means or false pretenses. | Financial Information Privacy Act - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Board of Governors of the Federal Reserve System to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act.
Declares it a violation of this Act to obtain or disclose under false pretenses customer information of a financial institution. Grants the Federal Trade Commission (FTC), certain banking regulatory agencies, and the States enforcement powers under this Act.
Subjects violations of this Act to civil liability for damages and Federal criminal penalties.
Requires each Federal banking agency to issue advisories to depository institutions within its purview in order to assist in deterring and detecting the acts proscribed by this Act.
Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information. | Financial Information Privacy Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport and Airway Trust Fund
Financing Act of 2007''.
SEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
(a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.--
(1) Aviation-grade kerosene.--Subparagraph (A) of section
4081(a)(2) of the Internal Revenue Code of 1986 (relating to
rates of tax) is amended by striking ``and'' at the end of
clause (ii), by striking the period at the end of clause (iii)
and inserting ``, and'', and by adding at the end the following
new clause:
``(iv) in the case of aviation-grade
kerosene, 35.9 cents per gallon.''.
(2) Aviation gasoline.--Clause (ii) of section
4081(a)(2)(A) of such Code is amended by striking ``19.3
cents'' and inserting ``24.1 cents''.
(3) Fuel removed directly into fuel tank of airplane used
in noncommercial aviation.--Subparagraph (C) of section
4081(a)(2) of such Code is amended to read as follows:
``(C) Taxes imposed on fuel used in commercial
aviation.--In the case of aviation-grade kerosene which
is removed from any refinery or terminal directly into
the fuel tank of an aircraft for use in commercial
aviation by a person registered for such use under
section 4101, the rate of tax under subparagraph
(A)(iv) shall be 4.3 cents per gallon.''.
(4) Conforming amendments.--
(A) Clause (iii) of section 4081(a)(2)(A) of such
Code is amended by inserting ``other than aviation-
grade kerosene'' after ``kerosene''.
(B) The following provisions of such Code are each
amended by striking ``kerosene'' and inserting
``aviation-grade kerosene'':
(i) Section 4081(a)(3)(A)(ii).
(ii) Section 4081(a)(3)(A)(iv).
(iii) Section 4081(a)(3)(D).
(C) Section 4081(a)(3)(D) of such Code is amended--
(i) by striking ``paragraph (2)(C)(i)'' in
clause (i) and inserting ``paragraph (2)(C)'',
and
(ii) by striking ``paragraph (2)(C)(ii)''
in clause (ii) and inserting ``paragraph
(2)(A)(iv)''.
(D) Section 4081(a)(4) of such Code is amended in
the heading by striking ``kerosene'' and inserting
``aviation-grade kerosene''.
(E) Section 4081(d)(2) of such Code is amended by
inserting ``, (a)(2)(A)(iv),'' after ``subsections
(a)(2)(A)(ii)''.
(b) Extension.--
(1) Fuels taxes.--Paragraph (2) of section 4081(d) of such
Code is amended by striking ``gallon--'' and all that follows
and inserting ``gallon after September 30, 2011''.
(2) Taxes on transportation of persons and property.--
(A) Persons.--Clause (ii) of section 4261(j)(1)(A)
of such Code is amended by striking ``September 30,
2007'' and inserting ``September 30, 2011''.
(B) Property.--Clause (ii) of section 4271(d)(1)(A)
of such Code is amended by striking ``September 30,
2007'' and inserting ``September 30, 2011''.
(c) Exemption for Aviation-Grade Kerosene Removed Into an
Aircraft.--Subsection (e) of section 4082 of such Code is amended--
(1) by striking ``kerosene'' and inserting ``aviation-grade
kerosene'',
(2) by striking ``section 4081(a)(2)(A)(iii)'' and
inserting ``section 4081(a)(2)(A)(iv)'', and
(3) by striking ``Kerosene'' in the heading and inserting
``Aviation-Grade Kerosene''.
(d) Retail Tax on Aviation Fuel.--
(1) Exemption for previously taxed fuel.--Paragraph (2) of
section 4041(c) of such Code is amended by inserting ``at the
rate specified in subsection (a)(2)(A)(iv) thereof'' after
``section 4081''.
(2) Rate of tax.--Paragraph (3) of section 4041(c) of such
Code is amended to read as follows:
``(3) Rate of tax.--The rate of tax imposed by this
subsection shall be the rate of tax in effect under section
4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any
sale or use for commercial aviation).''.
(e) Refunds Relating to Aviation-Grade Kerosene.--
(1) Kerosene used in commercial aviation.--Clause (ii) of
section 6427(l)(4)(A) of such Code is amended by striking
``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the
case may be,'' and inserting ``so imposed''.
(2) Kerosene used in aviation.--Paragraph (4) of section
6427(l) of such Code is amended--
(A) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B), and
(B) by amending subparagraph (B), as redesignated
by subparagraph (A), to read as follows:
``(B) Payments to ultimate, registered vendor.--
With respect to any kerosene used in aviation (other
than kerosene to which paragraph (6) applies), if the
ultimate purchaser of such kerosene waives (at such
time and in such form and manner as the Secretary shall
prescribe) the right to payment under paragraph (1) and
assigns such right to the ultimate vendor, then the
Secretary shall pay (without interest) the amount which
would be paid under paragraph (1) to such ultimate
vendor, but only if such ultimate vendor--
``(i) is registered under section 4101, and
``(ii) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1).''.
(3) Aviation-grade kerosene not used in aviation.--
Subsection (l) of section 6427 of such Code is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Refunds for aviation-grade kerosene not used in
aviation.--If tax has been imposed under section 4081 at the
rate specified in section 4081(a)(2)(A)(iv) and the fuel is
used other than in an aircraft, the Secretary shall pay
(without interest) to the ultimate purchaser of such fuel an
amount equal to the amount of tax imposed on such fuel reduced
by the amount of tax that would be imposed under section 4041
if no tax under section 4081 had been imposed.''.
(4) Conforming amendments.--
(A) Section 6427(i)(4) of such Code is amended--
(i) by striking ``(4)(C)'' the first two
places it occurs and inserting ``(4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii), and''
and inserting ``and''.
(B) Section 4082(d)(2)(B) of such Code is amended
by striking ``6427(l)(5)(B)'' and inserting
``6427(l)(6)(B)''.
(f) Airport and Airway Trust Fund.--
(1) Extension of trust fund authorities.--
(A) Expenditures from trust fund.--Paragraph (1) of
section 9502(d) of such Code is amended--
(i) in the matter preceding subparagraph
(A) by striking ``October 1, 2007'' and
inserting ``October 1, 2011'', and
(ii) in subparagraph (A) by inserting ``or
the FAA Reauthorization Act of 2007'' before
the semicolon at the end.
(B) Limitation on transfers to trust fund.--
Paragraph (2) of section 9502(f) of such Code is
amended by striking ``October 1, 2007'' and inserting
``October 1, 2011''.
(2) Transfers to trust fund.--Subparagraph (C) of section
9502(b)(1) of such Code is amended to read as follows:
``(C) section 4081 with respect to aviation
gasoline and aviation-grade kerosene, and''.
(3) Transfers on account of certain refunds.--
(A) In general.--Subsection (d) of section 9502 of
such Code is amended--
(i) in paragraph (2) by striking ``(other
than subsection (l)(4) thereof)'', and
(ii) in paragraph (3) by striking ``(other
than payments made by reason of paragraph (4)
of section 6427(l))''.
(B) Conforming amendments.--
(i) Section 9503(b)(4) of such Code is
amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting a comma,
and by inserting after subparagraph (D) the
following:
``(E) section 4081 to the extent attributable to
the rate specified in clause (ii) or (iv) of section
4081(a)(2)(A), or
``(F) section 4041(c).''.
(ii) Section 9503(c) of such Code is
amended by striking the last paragraph
(relating to transfers from the Trust Fund for
certain aviation fuel taxes).
(iii) Section 9502(a) of such Code is
amended by striking ``, section 9503(c)(7),''.
(4) Transfers on account of aviation-grade kerosene not
used in aviation.--Section 9502(d) of such Code is amended by
adding at the end the following new paragraph:
``(7) Transfers from airport and airway trust fund on
account of aviation-grade kerosene not used in aviation.--The
Secretary of the Treasury shall pay from time to time from the
Airport and Airway Trust Fund into the Highway Trust Fund
amounts as determined by the Secretary of the Treasury
equivalent to amounts transferred to the Airport and Airway
Trust Fund with respect to aviation-grade kerosene not used in
aviation.''.
(5) Expenditures for air traffic control modernization.--
Section 9502(d) of such Code, as amended by this Act, is
amended by adding at the end the following new paragraph:
``(8) Expenditures for air traffic control modernization.--
The following amounts may be used only for making expenditures
to carry out air traffic control modernization:
``(A) So much of the amounts appropriated under
subsection (b)(1)(C) as the Secretary estimates are
attributable to--
``(i) 14.1 cents per gallon of the tax
imposed at the rate specified in section
4081(a)(2)(A)(iv) in the case of aviation-grade
kerosene used other than in commercial aviation
(as defined in section 4083(b)), and
``(ii) 4.8 cents per gallon of the tax
imposed at the rate specified in section
4081(a)(2)(A)(ii) in the case of aviation
gasoline used other than in commercial aviation
(as so defined).
``(B) Any amounts credited to the Airport and
Airway Trust Fund under section 9602(b) with respect to
amounts described in this paragraph.''.
(g) Effective Date.--
(1) Modifications.--Except as provided in paragraph (2),
the amendments made by this section shall apply to fuels
removed, entered, or sold after December 31, 2007.
(2) Extensions.--The amendments made by subsections (b) and
(f)(1) shall take effect on the date of the enactment of this
Act.
(h) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation fuel which
is held on January 1, 2008, by any person, there is hereby
imposed a floor stocks tax on aviation fuel equal to--
(A) the tax which would have been imposed before
such date on such fuel had the amendments made by this
section been in effect at all times before such date,
reduced by
(B) the sum of--
(i) the tax imposed before such date on
such fuel under section 4081 of the Internal
Revenue Code of 1986, as in effect on such
date, and
(ii) in the case of kerosene held
exclusively for such person's own use, the
amount which such person would (but for this
clause) reasonably expect (as of such date) to
be paid as a refund under section 6427(l) of
such Code with respect to such kerosene.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation
fuel on January 1, 2008, shall be liable for such tax.
(B) Time and method of payment.--The tax imposed by
paragraph (1) shall be paid on April 30, 2008, and in
such manner as the Secretary of the Treasury shall
prescribe.
(3) Transfer of floor stock tax revenues to trust funds.--
For purposes of determining the amount transferred to the
Airport and Airway Trust Fund, the tax imposed by this
subsection shall be treated as imposed by the provision of
section 4081 of the Internal Revenue Code of 1986 which applies
with respect to the aviation fuel involved.
(4) Definitions.--For purposes of this subsection--
(A) Aviation fuel.--The term ``aviation fuel''
means aviation-grade kerosene and aviation gasoline, as
such terms are used within the meaning of section 4081
of the Internal Revenue Code of 1986.
(B) Held by a person.--Aviation fuel shall be
considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(5) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any aviation fuel held by any
person exclusively for any use to the extent a credit or refund
of the tax is allowable under the Internal Revenue Code of 1986
for such use.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any aviation fuel held on January 1,
2008, by any person if the aggregate amount of such
aviation fuel held by such person on such date does not
exceed 2,000 gallons. The preceding sentence shall
apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary)
such information as the Secretary shall require for
purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any aviation fuel
held by any person which is exempt from the tax imposed
by paragraph (1) by reason of paragraph (6).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of such Code on the aviation fuel
involved shall, insofar as applicable and not inconsistent with
the provisions of this subsection, apply with respect to the
floor stock taxes imposed by paragraph (1) to the same extent
as if such taxes were imposed by such section. | Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon (4.3 cents per gallon for commercial aviation uses); (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline; and (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene.
Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund.
Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization. | To amend the Internal Revenue Code of 1986 to extend financing for the Airport and Airway Trust Fund, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens Right to Know Act of
2010''.
SEC. 2. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING COMMUNICATIONS.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 17B the following:
``SEC. 17C. NOTIFICATION TO SHAREHOLDERS OF ELECTIONEERING
COMMUNICATIONS.
``(a) Disclosures to Shareholders.--Each issuer, the securities of
which are registered under section 12, or that is subject to the
reporting requirements of section 13(a) or 15(d), that makes or
participates in an electioneering communication shall disclose such
activity, in writing, to each shareholder of the issuer.
``(b) Definition.--As used in this section, the term
`electioneering communication' has the same meaning as in section
304(f)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(f)(3)(A)).''.
SEC. 3. PRIOR SHAREHOLDER APPROVAL OF ELECTIONEERING COMMUNICATIONS.
Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n)
is amended by adding at the end the following new subsection:
``(i) Limitations on Electioneering Communications.--
``(1) Prohibition on foreign-owned issuers.--
Notwithstanding any other provision of law, no issuer may make
or participate in any electioneering communication if 51
percent or more of the outstanding securities of such issuer
are owned or controlled by any foreign principal or agent of a
foreign principal.
``(2) Prior shareholder approval required.--Before an
issuer makes or participates in any electioneering
communication, as defined in section 304(f)(3)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)),
the issuer shall obtain prior approval, by majority vote of all
shareholders, for any such activity. Such vote shall be taken
with each shareholder entitled to one vote per share of common
stock held, regardless of any per-share voting rights of an
outstanding class or classes of common stock under any other
agreement or provision to the contrary.
``(3) Definitions.--As used in this subsection--
``(A) the term `electioneering communication' has
the same meaning as in section 304(f)(3)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
434(f)(3)(A));
``(B) the terms `foreign principal' and `agent of a
foreign principal' have the same meanings as in section
611 of the Foreign Agents Registration Act of 1938 (11
U.S.C. 611); and
``(C) the term `issuer' means only those issuers,
the securities of which are registered under section
12, or that are subject to the reporting requirements
of section 13(a) or 15(d).''.
SEC. 4. STAND BY YOUR AD REQUIREMENTS.
(a) Rules for Corporations.--Paragraph (2) of section 318(d) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended--
(1) by striking ``Any communication'' and inserting the
following:
``(A) In general.--Any communication''; and
(2) by adding at the end the following new subparagraph:
``(B) Special rule for communications by
corporations.--
``(i) In general.--In the case of any
communication described in subparagraph (A)
which is paid for by a corporation--
``(I) the audio statement required
under this paragraph shall be made by
the president or chief executive
officer of such corporation and shall
identify such individual by name and
position; and
``(II) for purposes of the second
sentence of subparagraph (A), the view
of the person making the statement
shall be a view of such president or
chief executive officer.
``(ii) Joint communications.--In the case
of any communication described in subparagraph
(A) which is paid for by more than 1
corporation, the president or chief executive
officer described in clause (i) shall be the
president or chief executive officer of the
corporation which pays for the largest portion
of the communication (or, if paid for equally
by all such corporations, the president or
chief executive officer of the corporation with
the highest gross revenue for the calendar year
prior to the date on which such communication
is made).''.
(b) Rules for Other Entities.--
(1) In general.--Paragraph (2) of section 318(d) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)), as
amended by subsection (a), is amended by adding at the end the
following new subparagraph:
``(C) Special rules for certain other
organizations.--In the case of any communication
described in paragraph (A) which is paid for by an
organization (other than a corporation), such
communication shall include, in addition to the other
requirements of this section, a statement listing the
name of the 3 persons making the largest aggregate
contributions to such organization during the 12-month
period before the date of the communication.''.
(2) Reporting of contributors on internet.--Section 304 of
such Act (2 U.S.C. 434) is amended by adding at the end the
following new subsection:
``(j) Internet Disclosure of Contributors for Certain Radio and
Television Ads.--In addition to any reports required to be filed with
the Commission under this section, any organization (other than a
corporation) which makes a communication to which section 318(d)(2)(C)
applies shall make available on the Internet, by means of a direct link
from the home page of such organization, the following information:
``(1) In the case of any such communication made by a
political committee, the information required under subsection
(b)(3).
``(2) In the case of any communication which is an
independent expenditure and which is made by a person other
than a political committee, the information required under
subsection (c)(2)(C).
``(3) In the case of any communication which is an
electioneering communication and which is made by a person
other than a political committee, the information required
under subsection (f)(2)(F).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to communications made after the date of the
enactment of this Act, without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments. | Citizens Right to Know Act of 2010 - Amends the Securities Exchange Act of 1934 to require issuers of securities to disclose to their shareholders electioneering communications they have made or in which they have participated.
Prohibits an issuer from making or participating in any electioneering communication if 51% or more of its outstanding securities are owned or controlled by a foreign principal or agent of a foreign principal.
Requires an issuer to obtain prior approval by majority vote of all shareholders before making or participating in any electioneering communication.
Amends the Federal Election Campaign Act of 1971 to require that: (1) audio and television communications be made by the president or chief executive officer of the corporation paying for such communications; and (2) they identify the individual by name and position.
Requires a communication paid for by an organization other than a corporation to include a statement listing the names of the three persons making the largest aggregate contributions to the organization during the 12-month period before the date of the communication.
Sets forth Internet disclosure requirements for contributors to certain radio and television ads that are electioneering communications. | A bill to require notification to and prior approval by shareholders of certain political expenditures by publicly traded companies, and for other purposes. | [
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SECTION 1. RECOGNITION OF ACCREDITING AGENCIES AND ASSOCIATIONS.
(a) Due Process.--Paragraph (6) of section 496(a) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(a)) is amended to read as
follows:
``(6) such agency or association shall apply procedures
throughout the accrediting process, including evaluation,
interim sanction, and withdrawal or termination of
accreditation proceedings, that comply with due process,
including the right to--
``(A) adequate specification of the agency's
accrediting requirements;
``(B) written notice of deficiencies at the
institution of higher education or program being
examined and a reasonable time period, expressly set
forth in the notice, to correct the deficiencies;
``(C) advance notice of and an opportunity for a
hearing by any such institution before the agency's
decision making body prior to the agency's final
consideration of imposition of an adverse action;
``(D) appeal any adverse action by the agency
against any such institution to an independent and
impartial arbitration panel appointed jointly by the
agency and the institution and conducted at the
location of the institution;
``(E) appeal, at a minimum, the adequacy of the
evidence supporting the adverse action decision, the
adequacy of the agency's compliance with its own
policies and procedures, and the extent to which the
decision of the agency was tainted by bias or prejudice
of any agent or official of the agency;
``(F) representation by counsel for any such
institution;
``(G) an arbitration panel decision that may affirm
or reverse, but not modify, the decision appealed by
the institution; and
``(H) an allocation of the costs of the appeal that
requires the agency and institution to each bear its
own attorney, witness, and other costs of presentation
of its case at the arbitration hearing and shifts the
cost of the arbitration panel and any court reporter to
the losing party;
except that the Secretary may issue regulations to further
define due process requirements as needed to protect accredited
institutions, but may not by regulation reduce due process
requirements available to accredited institutions, whether the
due process is required under this paragraph or another
provision of law or regulation;''.
(b) Additional Criteria.--Section 496(a) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(9) if an agency or association conducts an assessment of
an institution's governing board--
``(A) such assessment shall consistently apply the
accreditation standard, to the greatest extent
possible, to any State-appointed receiver, special
trustee, or similar interim governing authority, until
such time as governing authority is returned to the
regular governing board; and
``(B) such agency or association shall not
terminate accreditation solely on the ground that the
institution is under interim management of a State-
appointed receiver, special trustee, or similar
governing authority unless the agency or association
determines that there are other deficiencies at the
institution that provide grounds for termination, and
that, after providing due process required by this
section, the interim governing authority has not
corrected such deficiencies within a reasonable period
of time; and
``(10) such agency or association, and any officer or
subdivision of such agency or association that makes
accreditation recommendations to its decision-making board,
shall conduct meetings open to public observation and comment
and shall, at least 7 days before the time of any such meeting,
post and distribute its meeting agenda electronically and
otherwise to the public, and, for purposes of this paragraph--
``(A) the term `meetings' includes all meetings,
hearings, appeals, deliberations, and votes on
accreditation matters regarding any educational
institution or on accrediting standards, policies, or
procedures; and
``(B) the Secretary shall issue regulations to
implement this paragraph.''.
(c) Recognition of State Accrediting Agencies.--Section
496(a)(3)(B) (20 U.S.C. 1099b(a)(3)(B)) is amended by striking ``on or
before October 1, 1991''. | Amends the Higher Education Act of 1965 to revise due process standards governing the accreditation process of educational institutions.
Requires accrediting agencies and associations to provide educational institutions with: (1) written notice of deficiencies and a reasonable time period to correct such deficiencies; (2) advance notice of any adverse action and an opportunity for a hearing; and (3) a right to appeal an adverse action to an independent and impartial arbitration panel.
Requires accrediting agencies and associations to: (1) ensure consistent application of accreditation standards to an educational institution's governing board in receivership; and (2) allow public access to meetings involving accreditation recommendations.
Authorizes the Secretary of Education to issue regulations to further define due process requirements for the accreditation process. | To amend the Higher Education Act of 1965 to require accrediting agencies and associations to comply with due process throughout the accreditation process, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Amendments Act of 1994''.
SEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION FUND.
Section 612 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) in the second sentence by inserting after ``equipment
for'' the following: ``program activities included in the
courts of appeals, district courts, and other judicial services
account of''; and
(B) in the third sentence by striking out all after
``personal services'' and inserting in lieu thereof ``, support
personnel in the courts and in the Administrative Office of the
United States Courts, and other costs, for the effective
management, coordination, operation, and use of automatic data
processing equipment purchased by the Fund. In addition, all
agencies of the judiciary may make deposits into the Fund to
meet their automatic data processing needs in accordance with
subsections (b) and (c)(2).'';
(2) in subsection (b)(1) by striking out ``judicial branch''
and inserting in lieu thereof ``activities funded under subsection
(a) and shall include an annual estimate of any fees that may be
collected under section 404 of the Judiciary Appropriations Act,
1991 (Public Law 101-515; 104 Stat. 2133)'';
(3) in subsection (b)(2) by striking out ``judicial branch of
the United States'' and inserting in lieu thereof ``activities
funded under subsection (a)'';
(4) in subsection (c)(1)(A), by inserting after ``surplus
property'' the following: ``, all fees collected after the date of
the enactment of the Judicial Amendments Act of 1994 by the
judiciary under section 404 of the Judiciary Appropriations Act,
1991 (Public Law 101-515; 104 Stat. 2133)'';
(5) in subsection (e)(1)--
(A) by striking out ``(A)''; and
(B) by striking out ``$75,000,000'' and inserting in lieu
thereof ``amounts estimated to be collected under subsection
(c) for that fiscal year'';
(6) in subsection (h) by amending the subsection to read as
follows:
``(h) Annual Report.--
``(1) In general.--The Director shall submit to the Congress an
annual report on the operation of the Fund, including on the
inventory, use, and acquisition of automatic data processing
equipment from the Fund and the consistency of such acquisition
with the plan prepared under subsection (b). The report shall set
forth the amounts deposited into the Fund under subsection (c).
``(2) Additional contents of report.--The annual report
submitted under this subsection shall include--
``(A) the specific actions taken and the progress made to
improve the plan developed under subsection (b) and the long
range automation plan and strategic business plan developed
under subsection (k); and
``(B) a comparison of planned Fund expenditures and
accomplishments with actual Fund expenditures and
accomplishments, and the reasons for any delays in scheduled
systems development, or budget overruns.
``(3) Report in year of termination of authority.--The annual
report submitted under this subsection for any year in which the
authority for this section is to terminate under subsection (m),
shall be submitted no later than 9 months before the date of such
termination.'';
(7) in subsection (i) by striking out all after ``Judicial
Conference of the United States,'' and inserting in lieu thereof
``may transfer amounts up to $1,000,000 from the Fund into the
account to which the funds were originally appropriated. Any
amounts transferred from the Fund in excess of $1,000,000 in any
fiscal year may only be transferred by following reprogramming
procedures in compliance with section 606 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).'';
(8) in subsection (j) in the second sentence by inserting ``in
statute'' after ``not specified'';
(9) by redesignating subsections (k) and (l) as subsections (l)
and (m), respectively, and by inserting after subsection (j) the
following new subsection:
``(k) Long Range Management and Business Plans.--The Director of
the Administrative Office of the United States Court shall--
``(1) develop an overall strategic business plan which would
identify the judiciary's missions, goals, and objectives;
``(2) develop a long range automation plan based on the
strategic business plan and user needs assessments;
``(3) establish effective Administrative Office oversight of
court automation efforts to ensure the effective operation of
existing systems and control over developments of future systems;
``(4) expedite efforts to complete the development and
implementation of life cycle management standards;
``(5) utilize the standards in developing the next generation
of case management and financial systems; and
``(6) assess the current utilization and future user
requirements of the data communications network.''; and
(10) in subsection (m) (as redesignated under paragraph (9)) of
this section--
(A) in the first sentence by striking out ``1994'', and
inserting in lieu thereof, ``1997''; and
(B) in the second sentence by striking out ```Judicial
Services Account''' and inserting in lieu thereof ``fund
established under section 1931 of this title''.
SEC. 3. COURT ARBITRATION AUTHORIZATION.
(a) Authorization of Appropriations.--Section 905 of the Judicial
Improvements and Access to Justice Act (28 U.S.C. 651 note) is
amended--
(1) in the first sentence by striking out ``for the fiscal year
ending September 30, 1989, and for each of the succeeding 7 fiscal
years,'' and inserting in lieu thereof ``for each of the fiscal
years 1994 through 1997''; and
(2) in the third sentence by striking out all beginning with
``, except that'' through ``this Act''.
(b) Removal of Repealer.--Section 906 of the Judicial Improvements
and Access to Justice Act (28 U.S.C. 651 note), and the item relating
to such section in the table of contents contained in section 3 of such
Act, are repealed.
SEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PILOT
PROGRAMS.
Section 105 of the Civil Justice Reform Act of 1990 (28 U.S.C. 471
note; 104 Stat. 5097) is amended--
(1) in subsection (a)(1) by striking out ``4-year period'' and
inserting in lieu thereof ``5-year period'';
(2) in subsection (b)(3)--
(A) in the first sentence by striking out ``3 years'' and
inserting in lieu thereof ``4 years''; and
(B) in the second sentence by striking out ``3-year
period'' and inserting in lieu thereof ``4-year period''; and
(3) in subsection (c)(1) by striking out ``December 31, 1995,''
and inserting in lieu thereof ``December 31, 1996,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch; and (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund.
Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees.
Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan; and (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns.
Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures.
Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments; (2) establish effective Administrative Office oversight of court automation efforts; (3) expedited efforts to complete the development and implementation of life cycle management standards; (4) utilize the standards in developing the next generation of case management and financial systems; and (5) assess the current utilization and future user requirements of the data communications network.
Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration; and (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs. | Judicial Amendments Act of 1994 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Rights and Labor Standards
Trade Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) International trade, when fair and open, can serve as
an important factor in the economic well-being of nations; but
the maintenance of a fair and open world trading system
requires the enhancement and active enforcement of national and
international trade agreements and laws by all trading nations.
(2) As the productivity of our trading partners that are
developing countries has risen, the ability of many of these
countries to export goods cheaply to the United States has been
based, in part, upon the violation of internationally
recognized worker rights.
(3) The exploitation of workers is an unacceptable means
for any country, whether developed or developing, or industry
to gain competitive advantage in international trade.
(4) Exports to the United States from countries which fail
to respect internationally recognized worker rights undermine
living and working standards in both those countries as well as
the United States, because international corporations can play
workers in one country off against those in another with
respect to wages and work standards in order to minimize costs.
(5) At various times in the 20th century, international
agreements and United States policy have explicitly stated that
fundamental worker rights and fair labor standards are
necessary to the workings of a fair international trading
system.
(6) The United States and over 160 other member nations of
the International Labor Organization are legally obligated to
``endeavor to secure and maintain fair and humane conditions of
labor for men, women, and children, both in their own countries
and in all countries to which their commercial and industrial
nations extend''.
(7) For decades, United States trade negotiators, whether
serving in Democratic or Republican administrations, have
initiated discussions to no avail with ranking officials of the
GATT and the International Labor Organization concerning the
demonstrable relationship of fundamental worker rights and fair
labor standards to prior rounds of multilateral trade
negotiations.
(8) The right of all workers to certain fundamental rights
is affirmed in the following international agreements to which
the United States is a party:
(A) The United Nations Charter, which states in
Article 55 that ``the United Nations shall promote
higher standards of living, full employment, and
conditions of economic and social progress and
development,''.
(B) The United Nations Universal Declaration of
Human Rights, which states in Article 23 that
``Everyone has the right to work, to free choice of
employment, to just and favorable conditions of work
and to protection against unemployment . . . `and that'
Everyone who works has the right to just and favorable
remuneration ensuring for himself and his family an
existence worthy of human dignity.''.
(C) The United Nations International Covenant on
Civil and Political Rights, which states in Article 8
that ``No one shall be required to perform forced or
compulsory labor.''.
(D) The Revised Charter of the Organization of
American States, which states in Article 31 that
``Member States agree to dedicate every effort to
achieve the following basic goals . . . Fair wages,
employment opportunities, and acceptable working
conditions for all.''.
(E) The General Agreement on Tariffs and Trade
which--
(i) provides in the preamble that relations
among countries ``in the field of trade and
economic endeavor should be conducted with a
view to raising standards of living and
ensuring full employment,'';
(ii) allows, under Article XX, any country
to take action against products of prison
labor; and
(iii) incorporates by reference Article 7
of Chapter II of the Havana Charter which
states that ``the members recognize that
measures relating to employment must take fully
into account the rights of workers under
intergovernmental declarations, conventions,
and agreements. The members recognize that all
countries have a common interest in the
achievement and maintenance of fair labor
standards related to productivity, and thus in
the improvement of wages and working conditions
as productivity may permit. The members
recognize that unfair labor conditions,
particularly in production for export, create
difficulties in international trade, and
accordingly, each member shall take whatever
action may be appropriate and feasible to
eliminate such conditions within its
territory.''.
(9) The adherence of the United States to the principles
referred to in paragraph (5) is reflected in--
(A) the provisions of the Tariff Act of 1930 that
prohibit the importation of goods produced by forced
labor,
(B) the provisions of title V of the Trade Act of
1974 (relating to the Generalized System of
Preferences) that--
(i) define internationally recognized
worker rights as the right to association, the
right to organize and bargain collectively, the
prohibition of the use of any form of forced or
compulsory labor, a minimum age for the
employment of children, and acceptable
conditions of work with respect to minimum
wages, hours of work, and occupational safety
and health; and
(ii) prohibit the extension of trade
preferences to any developing country that
``has not or is not taking steps to afford
internationally recognized worker rights to its
workers''; and
(C) the provisions of section 231A of the Foreign
Assistance Act of 1961, which allow the Overseas
Private Investment Corporation to insure, reinsure,
guarantee, or finance a project only if the country in
which the project is to be undertaken ``is taking steps
to adopt and implement laws that extend internationally
recognized worker rights . . . to workers in that
country.''.
(10) Little, if any, progress has been made ``to adopt, as
a principle of the GATT, that the denial of worker rights
should not be a means for a country or its industries to gain
competitive advantage in international trade'', pursuant to
section 1101(b)(14) of the Omnibus Trade and Competitiveness
Act of 1988.
SEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS.
(a) Action by the President.--The President shall seek the
establishment in the GATT of a working party to examine the
relationship of fundamental internationally recognized worker rights to
the articles, objectives, and related instruments of the GATT,
particularly the preamble, Article XXIX, and Article XX.
(b) Objectives of Working Group.--The objectives of the working
group described in subsection (a) would be to--
(1) explore ways in which to link the conduct of
international trade to respect for fundamental internationally
recognized worker rights;
(2) examine the economic impact of competition that is
based upon trade distortions that are attributable to the
systematic denial of fundamental internationally recognized
worker rights;
(3) consider and develop information on the incidence and
effects of systematic, trade-distorting worker rights practices
and ways to address such practices; and
(4) establish that it is unjustifiable for any country or
any of its industries to seek to gain competitive advantage in
international trade through the systematic denial of
fundamental internationally recognized worker rights.
SEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE
WORLD TRADE ORGANIZATION.
The President shall seek the establishment in the World Trade
Organization, when such organization becomes effective, a standing
committee to carry out the functions of the working group described in
section 3.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) The term ``fundamental internationally recognized
worker rights'' means ``internationally recognized worker
rights'' as defined in section 502(a)(4) of the Trade Act of
1974.
(2) GATT.--The term ``GATT'' means the General Agreement on
Tariffs and Trade. | Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT; and (2) a standing committee within the World Trade Organization to perform the functions of the working group. | Worker Rights and Labor Standards Trade Act of 1994 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat and Poultry Products Inspection
Amendments of 1994''.
SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION
ACT.
(a) Removal of Intrastate Distribution Limitation.--Section
301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is
amended by striking ``solely for distribution within such State''.
(b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C.
661(a)) is amended by adding at the end the following new paragraph:
``(5) In addition to appointing inspectors under section
21, the Secretary may enter into an agreement with a State or
the District of Columbia to utilize an officer or employee of
the State or the District of Columbia to conduct any
examination, investigation, or inspection authorized under this
Act, if the Secretary determines that it is practicable for the
examination, investigation, or inspection to be so
conducted.''.
(c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Section 301(c)(3) of such Act
(21 U.S.C. 661(c)(3)) is amended by striking ``, with respect to the
operations and transactions within such State which are regulated under
subparagraph (1), he'' and inserting ``with respect to each
establishment within the jurisdiction of the State that does not
operate under Federal inspection under title I and at which any cattle,
sheep, swine, goat, or equine is slaughtered, or the carcass of the
animal, or a part or product of the carcass of the animal, is prepared,
for use as human food, and with respect to the distribution of each
carcass, part of a carcass, meat, or meat food product of the animal
within the State, the Secretary''.
(d) Expansion of State Inspection Authority.--Section 301 of such
Act (21 U.S.C. 661) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Except as provided in paragraph (2), a carcass, part of a
carcass, meat, or meat food product of a cattle, sheep, swine, goat, or
equine prepared under State inspection in a State (other than a State
designated under subsection (c)) in compliance with the meat inspection
law of the State shall be eligible for sale or transportation in
interstate commerce, and for entry into and use in the preparation of a
product in an establishment at which Federal inspection is maintained
under title I, in the same manner and to the same extent as a product
prepared at the establishment.
``(2) A State-inspected article described in paragraph (1), and a
federally inspected article prepared (in whole or in part) from the
State-inspected article--
``(A) shall not be eligible for sale or transportation in
foreign commerce; and
``(B) shall be separated at all times from all other
federally inspected articles in a federally inspected
establishment that engages in the preparation, sale, or
transportation of carcasses, parts of carcasses, meat, or meat
food products, for foreign commerce.
``(3) Each carcass, part of a carcass, meat, or meat food product
that is inspected in a program of inspection in a State (other than a
State designated under subsection (c)) pursuant to State law shall be
identified as so inspected only by an official mark that identifies the
State and is of such design as the State shall prescribe. A federally
inspected article prepared (in whole or in part) from the State-
inspected article shall be identified as so inspected only by the same
official mark as is prescribed by the Secretary for an article
slaughtered or prepared under title I.
``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only as of October 1 of any year. The transfer shall occur only if--
``(A) the operator provides written notice of the intention
to transfer to both inspection agencies at least 180 days in
advance of the date referred to in the preceding sentence; and
``(B) the Secretary determines that the transfer will
effectuate the purposes set forth in section 2 and will not
adversely affect the stability of the total State and Federal
inspection systems.
``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner that would require Federal
inspection.
``(6) As used in this subsection, the term `interstate commerce'
means commerce between States or between a State and the District of
Columbia.''.
(e) Prohibition on Additional or Different State Requirements.--
Section 408 of such Act (21 U.S.C. 678) is amended to read as follows:
``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.
``(a) Requirements Relating to Establishments.--
``(1) In general.--Except as provided in paragraph (2), a
State or Territory or the District of Columbia may not impose a
requirement within the scope of this Act with respect to the
premises, facility, or operation of an establishment at which
inspection is provided under title I that is in addition to, or
different than, a requirement under this Act.
``(2) Recordkeeping requirements.--A State or Territory or
the District of Columbia may impose a recordkeeping or other
requirement within the scope of section 202, if the requirement
is consistent with such section, with respect to an
establishment.
``(b) Requirements Relating to Marking, Labeling, Packaging, and
Ingredients.--
``(1) In general.--Except as provided in paragraph (2), a
State or Territory or the District of Columbia may not impose a
marking, labeling, packaging, or ingredient requirement that is
in addition to, or different than, a requirement under this Act
with respect to an article prepared at an establishment under
Federal inspection in accordance with title I or with respect
to an article prepared for commerce at a State-inspected
establishment in accordance with section 301(d).
``(2) Concurrent jurisdiction.--A State or territory or the
District of Columbia may, consistent with this Act, exercise
concurrent jurisdiction with the Secretary over an article
distributed in commerce or otherwise subject to this Act, for
the purpose of preventing the distribution for use as human
food of an article that is not in compliance with this Act and
is outside of a federally or State-inspected establishment, or
in the case of an imported article, that is not at such an
establishment, after the entry of the article into the United
States.
``(c) Effect on Other Laws.--This Act shall not preclude a State or
Territory or the District of Columbia from imposing a requirement or
taking any other action, consistent with this Act, with respect to an
area regulated under this Act that is not referred to in this
section.''.
SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS
INSPECTION ACT.
(a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1)
of the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended
by striking ``solely for distribution within such State''.
(b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C.
454(a)) is amended by adding at the end the following new paragraph:
``(5) The Secretary may enter into an agreement with a
State or the District of Columbia to utilize an officer or
employee of the State or the District of Columbia to conduct
any examination, investigation, or inspection authorized under
this Act, if the Secretary determines that it is practicable
for the examination, investigation, or inspection to be so
conducted.''.
(c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Section 5(c)(3) of such Act
(21 U.S.C. 454(c)(3)) is amended by striking ``, with respect to the
operations and transactions within such State which are regulated under
subparagraph (1) of this paragraph (c), he'' and inserting ``with
respect to each establishment within the jurisdiction of the State that
does not operate under Federal inspection under this Act and at which
any poultry is slaughtered, or any poultry product is processed, for
use as human food, and with respect to the distribution of each poultry
product within the State, the Secretary''.
(d) Expansion of State Inspection Authority.--Section 5 of such Act
(21 U.S.C. 454) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Except as provided in paragraph (2), a poultry product
processed under State inspection in a State (other than a State
designated under subsection (c)) in compliance with the poultry
products inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into and use in
the preparation of a product in an establishment at which Federal
inspection is maintained under this Act, in the same manner and to the
same extent as a poultry product processed at the establishment. A
poultry product that complies with the poultry product inspection laws
of the State (other than a State designated under subsection (c)) in
which the product was processed shall be considered to comply with this
Act.
``(2) A State-inspected poultry product described in paragraph (1),
and a federally inspected poultry product processed (in whole or in
part) from the State-inspected poultry product--
``(A) shall not be eligible for sale or transportation in
foreign commerce; and
``(B) shall be separated at all times from all other
federally inspected poultry products in a federally inspected
establishment that engages in the processing, sale, or
transportation of poultry products for foreign commerce.
``(3) A poultry product that is inspected in a program of
inspection in a State (other than a State designated under subsection
(c)) pursuant to State law shall be identified as so inspected only by
an official mark that identifies the State and is of such design as the
State shall prescribe. A federally inspected poultry product processed
(in whole or in part) from a State-inspected poultry product shall be
identified as so inspected only by the same official mark as is
prescribed by the Secretary for a poultry product processed under this
Act (other than this section or section 11).
``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only as of October 1 of any year. The transfer shall occur only if--
``(A) the operator provides written notice of the intention
to transfer to both inspection agencies at least 180 days in
advance of the date referred to in the preceding sentence; and
``(B) the Secretary determines that the transfer will
effectuate the legislative policy set forth in section 3 and
will not adversely affect the stability of the total Federal
and State inspection systems.
``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner that would require Federal
inspection.
``(6) As used in this subsection, the term `interstate commerce'
means commerce between States or between a State and the District of
Columbia.''.
(e) Prohibition on Additional or Different State Requirements.--
Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows:
``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.
``(a) Requirements Relating to Establishments.--
``(1) In general.--Except as provided in paragraph (2), a
State or territory or the District of Columbia may not impose a
requirement within the scope of this Act with respect to the
premises, facility, or operation of an official establishment,
that is in addition to, or different than, a requirement under
this Act.
``(2) Recordkeeping requirements.--A State or territory or
the District of Columbia may impose a recordkeeping or other
requirement within the scope of section 11(b), if the
requirement is consistent with such section, with respect to an
establishment.
``(b) Requirements Relating to Marking, Labeling, Packaging, and
Ingredients.--
``(1) In general.--A State or territory or the District of
Columbia may not impose--
``(A) except as provided in paragraph (2), a
marking, labeling, packaging, or ingredient requirement
that is in addition to, or different than, a
requirement under this Act with respect to an article
prepared at an establishment under Federal inspection
in accordance with this Act or with respect to an
article prepared for commerce at a State-inspected
establishment in accordance with section 5(d); or
``(B) any other storage or handling requirement
found by the Secretary to unduly interfere with the
free flow of any poultry product in commerce.
``(2) Concurrent jurisdiction.--A State or territory or the
District of Columbia may, consistent with this Act, exercise
concurrent jurisdiction with the Secretary over an article
distributed in commerce or otherwise subject to this Act, for
the purpose of preventing the distribution for use as human
food of any article that is not in compliance with this Act and
is outside of a federally or State-inspected establishment, or
in the case of an imported article, that is not at such an
establishment, after the entry of the article into the United
States.
``(c) Effect on Other Laws.--This Act shall not preclude a State or
territory or the District of Columbia from imposing a requirement or
taking any other action, consistent with this Act, with respect to an
area regulated under this Act that is not referred to in this
section.''. | Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to: (1) permit State inspected meat and meat products to be sold or transported in interstate commerce; (2) permit the Secretary of Agriculture to use State inspectors; (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities; and (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act.
Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products. | Meat and Poultry Products Inspection Amendments of 1994 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Entrepreneur-in-Residence
Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``agency'' means an Executive agency, as
defined in section 105 of title 5, United States Code;
(3) the term ``Director'' means the Director of the Office
of Personnel Management;
(4) the term ``entrepreneur-in-residence'' means an
individual appointed to a position under the program;
(5) the term ``program'' means the Federal entrepreneur-in-
residence program established under section 3(a); and
(6) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM.
(a) Program Established.--The Director, in consultation with the
Administrator, shall establish a Federal entrepreneur-in-residence
program under which the Director, with the concurrence of the head of
an agency, may appoint an entrepreneur-in-residence to a position in
the excepted service in the agency to carry out the duties described in
subsection (d).
(b) Mission of Program.--The mission of the program shall be to--
(1) provide for better outreach by the Federal Government
to the private sector;
(2) strengthen coordination and interaction between the
Federal Government and the private sector on issues relevant to
entrepreneurs and small business concerns; and
(3) make Federal programs simpler, quicker, more efficient,
and more responsive to the needs of small business concerns and
entrepreneurs.
(c) Appointments.--
(1) In general.--The Director--
(A) shall appoint entrepreneurs-in-residence under
the program during each year; and
(B) may not appoint more than 10 entrepreneurs-in-
residence during any year.
(2) Selection.--The Director shall select entrepreneurs-in-
residence from among individuals who--
(A) are successful in their field;
(B) have demonstrated success in working with small
business concerns and entrepreneurs; or
(C) have successfully developed, invented, or
created a product and brought the product to the
marketplace.
(3) Placement.--In appointing entrepreneurs-in-residence,
the Director shall--
(A) give priority to placing entrepreneurs-in-
residence across the Federal Government at separate
agencies; and
(B) to the extent practicable, not appoint more
than 2 entrepreneurs-in-residence to positions in the
same agency during the same year.
(4) Terms of appointment.--An entrepreneur-in-residence--
(A) shall be a full-time employee of the agency to
which the entrepreneur-in-residence is appointed; and
(B) may not serve as an entrepreneur-in-residence
for more than a period of 2 years.
(d) Duties.--An entrepreneur-in-residence shall--
(1) assist Federal agencies in improving outreach to small
business concerns and entrepreneurs;
(2) provide recommendations to the head of the agency
employing the entrepreneur-in-residence on inefficient or
duplicative programs, if any, at the agency;
(3) provide recommendations to the head of the agency
employing the entrepreneur-in-residence on methods to improve
program efficiency at the agency or new initiatives, if any,
that may be instituted at the agency;
(4) facilitate meetings and forums to educate small
business concerns and entrepreneurs on programs or initiatives
of the agency employing the entrepreneur-in-residence;
(5) facilitate in-service sessions with employees of the
agency employing the entrepreneur-in-residence on issues of
concern to entrepreneurs and small business concerns; and
(6) provide technical assistance or mentorship to small
business concerns and entrepreneurs in accessing programs at
the agency employing the entrepreneur-in-residence.
(e) Compensation.--
(1) In general.--The rate of basic pay for an entrepreneur-
in-residence shall be equivalent to the rate of basic pay for a
position at GS-13, GS-14, or GS-15 of the General Schedule,
which shall be determined in accordance with regulations
promulgated by the Director.
(2) Promotion.--If an entrepreneur-in-residence with a rate
of pay equivalent to the rate of basic pay for a position at
GS-13 or GS-14 satisfactorily completes 1 year of service in
position under this section, the entrepreneur-in-residence may
receive an increase in the rate of basic pay to be equal to the
rate of basic pay for a position 1 grade higher on the General
Schedule than the initial rate of basic pay of the
entrepreneur-in-residence.
(f) Reporting.--An entrepreneur-in-residence shall report directly
to the head of the agency employing the entrepreneur-in-residence.
(g) Termination.--The Director may not appoint an entrepreneur-in-
residence under this section after September 30, 2016. | Federal Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with small business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to small business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate small business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year. Terminates such program after FY2016. | A bill to establish a pilot program to accelerate entrepreneurship and innovation by partnering world-class entrepreneurs with Federal agencies. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``True Reciprocity Investment Act of
2017''.
SEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)
is amended by adding at the end the following:
``(o) Consideration of Reciprocity of Foreign Investment.--
``(1) Report required.--Not later than 30 days after the
date of the enactment of the True Reciprocity Investment Act of
2017, and annually thereafter, the United States Trade
Representative shall, in consultation with the Secretary of
Commerce and the Secretary of the Treasury, submit to the
appropriate congressional committees a report assessing the
extent to which the governments of foreign countries allow
investments by United States persons in those countries that
are similar to investments in the United States made by
entities organized under the laws of those countries.
``(2) Elements.--The report required by paragraph (1) shall
include, with respect to each country that is a major trading
partner of the United States, the following:
``(A) A description of the laws, policies, and
practices of the country with respect to foreign
investment.
``(B) A comparison of such laws, policies, and
practices with the laws, policies, and practices of the
United States with respect to foreign investment.
``(C) An assessment of laws, policies, and
practices by the government of the country that
prohibit, restrict, or delay investment in the country
by United States persons.
``(D) An identification of which such laws,
policies, and practices have had the most significant
effect on investment in that country by United States
persons.
``(E) An identification of the industries in the
United States that have been most severely affected by
such laws, policies, and practices.
``(F) An assessment of the transparency of the
process for making such laws, policies, and practices.
``(G) If a bilateral investment treaty is in effect
between the United States and the country, an
assessment of the extent to which the government of the
country has complied with its obligations under the
treaty.
``(H) Recommendations with respect to what remedies
may be available to facilitate investment in the
country by United States persons.
``(I) An assessment of the amount of greenfield
investment in the United States by persons organized
under the laws of or otherwise subject to the
jurisdiction of the country.
``(3) Determinations.--The report required by paragraph (1)
shall include the determination of the Trade Representative,
after consideration of the elements described in paragraph (2),
of whether each country that is a major trading partner of the
United States--
``(A) has high barriers to investment by United
States persons (to be known as a `high barrier
country');
``(B) has recently taken measures that constitute
barriers to investment by United States persons or has
indicated an intention to take such measures (to be
known as a `watch country'); or
``(C) has investment laws, policies, and practices
that should be monitored (to be known as a `monitor
country').
``(4) Justification for transactions with high barrier
countries.--
``(A) In general.--If the Committee recommends that
the President not suspend or prohibit under subsection
(d) a covered transaction described in subparagraph
(B), the Committee shall include in the report required
by paragraph (1) an explanation of the reasons for
recommending that the President not suspend or prohibit
that transaction.
``(B) Covered transaction described.--A covered
transaction is described in this subparagraph if a
party to the transaction is organized under the laws of
or otherwise subject to the jurisdiction of a high
barrier country.
``(5) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committee on Banking, Housing,
and Urban Affairs, the Committee on Finance,
the Committee on Foreign Relations, and the
Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Financial Service,
the Committee on Ways and Means, the Committee
on Foreign Affairs, and the Committee on Energy
and Commerce of the House of Representatives.
``(B) Greenfield investment.--The term `greenfield
investment' means an investment by a foreign person in
the United States under which the foreign person builds
operations and facilities in the United States instead
of purchasing or leasing existing facilities.
``(C) United states person.--The term `United
States person' means--
``(i) a United States citizen or an alien
lawfully admitted for permanent residence to
the United States; or
``(ii) an entity organized under the laws
of the United States or of any jurisdiction
within the United States, including a foreign
branch of such an entity.''.
SEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY.
Section 721(f) of the Defense Production Act of 1950 (50 U.S.C.
4565(f)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by redesignating clauses
(i), (ii), and (iii) as subclauses (I), (II), and
(III), respectively, and by moving such subclauses, as
so redesignated, 2 ems to the right; and
(B) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
by moving such clauses, as so redesignated, 2 ems to
the right;
(2) in paragraph (9), by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respectively, and
by moving such clauses, as so redesignated, 2 ems to the right;
(3) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and by moving such
subparagraphs, as so redesignated, 2 ems to the right;
(4) in the matter preceding subparagraph (A), as
redesignated by paragraph (3), by striking ``may, taking into
account the requirements of national security, consider--'' and
inserting the following: ``, taking into account the
requirements of national security--
``(1) may consider--'';
(5) in subparagraph (K), as redesignated by paragraph (3),
by striking the period at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(2) shall consider the findings in the most recent report
required by subsection (o) with respect to any foreign country
with jurisdiction over a party to the proposed or pending
transaction.''. | True Reciprocity Investment Act of 2017 This bill amends the Defense Production Act of 1950 to direct the Office of the United States Trade Representative to submit an annual report assessing the extent to which foreign governments allow investments by U.S. persons (i.e., U.S. citizens, permanent residents, or U.S. entities) in their countries that are similar to investments in the United States made by entities organized in such foreign countries. The report shall include, with respect to each major trading partner of the United States: (1) a description of the laws, policies, and practices of the country with respect to foreign investment; and (2) an assessment of the transparency of the process for making such laws, policies, and practices. The report shall also include the determination of the office whether each major trading partner: (1) has high barriers to investment by U.S. persons; (2) has recently taken measures that constitute barriers to investment by U.S. persons or has indicated an intention to take such measures; or (3) has investment laws, policies, and practices that should be monitored. If the Committee on Foreign Investment in the United States recommends that the President not suspend or prohibit a transaction made by a party that is subject to the jurisdiction of a high barrier country, it shall provide an explanation of the reasons for its recommendation. | True Reciprocity Investment Act of 2017 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rush Hour Congestion Relief Act of
2004''.
SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Traffic incident management program
``(a) In General.--The Secretary shall establish and implement a
traffic incident management program in accordance with this section to
assist States and localities in--
``(1) regional traffic incident management program
planning; and
``(2) carrying out projects to mitigate the effects of
traffic delays resulting from accidents, breakdowns, and other
non-recurring incidents on highways.
``(b) Use of Funds.--Funds apportioned to a State under this
section may be used for--
``(1) regional collaboration and coordination activities
that lead to regional traffic incident management policies,
programs, plans, procedures, and agreements;
``(2) purchase or lease of telecommunications equipment for
first responders as part of the development of a regional
traffic incident management program;
``(3) purchase or lease of equipment to support the
clearance of traffic incidents;
``(4) payments to contractors for towing and recovery
services as part of a regional traffic incident management
program;
``(5) rental of vehicle storage or staging areas
immediately adjacent to roadways as part of a regional traffic
incident management program;
``(6) traffic service patrols as part of a regional traffic
incident management program;
``(7) enhanced hazardous materials incident response;
``(8) traffic management systems in support of traffic
incident management;
``(9) traffic incident management training;
``(10) crash investigation equipment;
``(11) other activities under a regional traffic incident
management plan; and
``(12) statewide incident reporting systems.
``(c) Regional Traffic Incident Management Plan.--
``(1) Plan.--
``(A) In general.--Except as provided in
subparagraph (B), funds apportioned under this section
may not be obligated for an urbanized area with a
population greater than 300,000 until such time as a
regional traffic incident management plan is developed
for the urbanized area.
``(B) Funds for plan.--An urbanized area described
in subparagraph (A) may use funds apportioned under
this section to develop the regional traffic incident
management plan in accordance with this subsection.
``(2) Plan development.--
``(A) Collaboration.--Any urbanized area described
in paragraph (1) that receives funds apportioned under
this section shall engage in regional collaboration and
coordination activities to develop the regional traffic
incident management plan required for the urbanized
area under that paragraph.
``(B) Plan elements.--The regional traffic incident
management plan for an urbanized area under paragraph
(1) shall include--
``(i) a strategy, adopted by
transportation, public safety, and appropriate
private sector participants, for funding,
implementing, managing, operating, and
evaluating the traffic incident management
program initiatives and activities for the
urbanized area in a manner that ensures
regional coordination of those initiatives and
activities;
``(ii) an estimate of the impact of the
plan on traffic delays; and
``(iii) a description of the means by which
traffic incident management information will be
shared among operators, service providers,
public safety officials, and the general
public.
``(d) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $1,000,000,000
for each of fiscal years 2005 through 2010.
``(2) Apportionment among states.--Funds made available
under paragraph (1) shall be apportioned among the States in
the proportion that--
``(A) the aggregate population of the State, or
part of the State, in urbanized areas with a population
greater than 300,000; bears to
``(B) the total population of all States, or parts
of all States, in those urbanized areas.
``(3) Distribution within states.--Funds apportioned to a
State under paragraph (2) shall be made available to carry out
projects and activities under regional traffic incident
management plans in each urbanized area in the State with a
population greater than 300,000 in the proportion that--
``(A) the population of the urbanized area, or part
of the urbanized area, in the State; bears to
``(B) the total population of all urbanized areas
in the State.
``(e) Determination of Populations.--For the purpose of determining
populations of areas under this section, the Secretary shall use
information from the most current decennial census, as supplied by the
Secretary of Commerce.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by inserting after the
item relating to section 138 the following:
``139. Traffic incident management program.''. | Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning; and (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways.
Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area.
Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan.
Prescribes an apportionment formula for funds distribution among the States to implement this Act. | A bill to amend title 23, United States Code, to establish a traffic incident management program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Consumer Financial
Protection Advisory Board Enhancement Act''.
SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER
FINANCIAL PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 is
amended by inserting after section 1014 (12 U.S.C. 5494) the following:
``SEC. 1014A. ADVISORY BOARDS.
``(a) Definitions.--In this section--
``(1) the term `eligible financial product or service'
means a financial product or service that is offered or
provided for use by consumers primarily for personal, family,
or household purposes as described in clause (i), (iii), (v),
(vi), or (ix) of section 1002(15)(A);
``(2) the term `rural area' has the meaning given the term
in section 1393(a)(2) of the Internal Revenue Code of 1986; and
``(3) the terms `small business concern', `small business
concern owned and controlled by veterans', and `small business
concern owned and controlled by women' have the meanings given
those terms in section 3 of the Small Business Act (15 U.S.C.
632).
``(b) Small Business Advisory Board.--
``(1) Establishment.--The Director shall establish a Small
Business Advisory Board--
``(A) to advise and consult with the Bureau in the
exercise of the functions of the Bureau under the
Federal consumer financial laws applicable to eligible
financial products or services; and
``(B) to provide information on emerging practices
of small business concerns that provide eligible
financial products or services, including regional
trends, the effect that decisions by the Bureau have on
rural areas, concerns, and other relevant information.
``(2) Membership.--
``(A) Number.--The Director shall appoint not less
than 15 and not more than 20 members to the Small
Business Advisory Board.
``(B) Qualification.--Members appointed under
subparagraph (A) shall be representatives of small
business concerns that--
``(i) provide eligible financial products
or services; and
``(ii) are service providers to covered
persons.
``(C) Additional considerations.--In appointing
members under subparagraph (A), the Director shall--
``(i) include members representing small
business concerns owned and controlled by
veterans, small business concerns owned and
controlled by women, and minority-owned small
business concerns, and the interests of those
concerns, without regard to party affiliation;
and
``(ii) require an adequate representation
of members that own small business concerns for
which the principal place of business is in a
rural or underserved area.
``(3) Meetings.--The Small Business Advisory Board--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet not less than twice each year.
``(c) Credit Union Advisory Council.--
``(1) Establishment.--The Director shall establish a Credit
Union Advisory Council to advise and consult with the Bureau on
consumer financial products or services that impact credit
unions.
``(2) Membership.--
``(A) Number.--The Director shall appoint not less
than 15 and not more than 20 members to the Credit
Union Advisory Council.
``(B) Considerations.--In appointing members under
subparagraph (A), the Director shall--
``(i) include members representing credit
unions predominantly serving traditionally
underserved communities and populations and
their interests, without regard to party
affiliation; and
``(ii) require an adequate representation
of members that represent credit unions that
are headquartered in a rural or underserved
area.
``(3) Meetings.--The Credit Union Advisory Council--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet not less than twice each year.
``(d) Community Bank Advisory Council.--
``(1) Establishment.--The Director shall establish a
Community Bank Advisory Council to advise and consult with the
Bureau on consumer financial products or services that impact
community banks.
``(2) Membership.--
``(A) Number.--The Director shall appoint not less
than 15 and not more than 20 members to the Community
Bank Advisory Council.
``(B) Considerations.--In appointing members under
subparagraph (A), the Director shall--
``(i) include members representing
community banks predominantly serving
traditionally underserved communities and
populations and their interests, without regard
to party affiliation; and
``(ii) require an adequate representation
of members that represent community banks that
are headquartered in a rural or underserved
area.
``(3) Meetings.--The Community Bank Advisory Council--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet not less than twice each year.
``(e) Compensation and Travel Expenses.--Members of the Small
Business Advisory Board, the Credit Union Advisory Council, or the
Community Bank Advisory Council, as established under subsections (b),
(c), and (d), respectively, who are not full-time employees of the
United States shall--
``(1) be entitled to receive compensation at a rate fixed
by the Director while attending meetings of the Small Business
Advisory Board, the Credit Union Advisory Council, or the
Community Bank Advisory Council, including travel time; and
``(2) be allowed travel expenses, including transportation
and subsistence, while away from their homes or regular places
of business.''.
(b) Table of Contents Amendment.--The table of contents in section
1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5301 et seq.) is amended by inserting after the item relating to
section 1014 the following:
``Sec. 1014A. Advisory Boards.''. | Bureau of Consumer Financial Protection Advisory Board Enhancement Act This bill amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to establish: (1) a Small Business Advisory Board to advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding financial products or services provided for use by consumers primarily for personal, family, or household purposes and to provide information on emerging practices of small businesses that provide such products or services; and (2) a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively. | Bureau of Consumer Financial Protection Advisory Board Enhancement Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Law Enforcement Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) effective and impartial enforcement of the law is one
of the most important functions of the government;
(2) the preservation of our form of Government and the
rights of our citizens are dependent upon competent and
professional law enforcement agencies;
(3) responsibility for law enforcement in the United States
resides primarily with State and local governments;
(4)(A) one-third of all Americans live in nonurban areas
and 90 percent of all law enforcement agencies serve
populations of fewer than 25,000 residents; and
(B) 75 percent serve a population of fewer than 10,000
residents;
(5) rural violent crime has increased over 35 percent from
1985 to 1995, and is taking a toll on rural citizens and rural
law enforcement practitioners;
(6) approximately 22,400 local government entities exist in
the 50 States, and the needs of rural law enforcement in the
areas of research, technical assistance, and the delivery of
executive education and training programs have been jointly
identified by the Federal Bureau of Investigation, the
Department of Justice, and the National Center for Rural Law
Enforcement at the University of Arkansas at Little Rock; and
(7) the National Center for Rural Law Enforcement at the
University of Arkansas at Little Rock will continue to
cooperate with the Federal Bureau of Investigation and the
Department of Justice to promote the development and
implementation of training and education programs for rural law
enforcement agencies.
SEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.
(a) In General.--Title XVIII of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by adding at the end the following
new subtitle:
``Subtitle D--National Center for Rural Law Enforcement
``SEC. 180401. ESTABLISHMENT.
``(a) In General.--There is established at the University of
Arkansas, at Little Rock, the National Center for Rural Law
Enforcement.
``(b) Advisory Board.--
``(1) In general.--There shall be established within the
National Center for Rural Law Enforcement an Advisory Board
(referred to in this Act as the `Advisory Board') that shall be
comprised of 15 members, of whom--
``(A) 10 shall be selected by the Attorney General
of the United States, in consultation with the Director
of the Federal Bureau of Investigation, from personnel
of rural law enforcement agencies serving communities
with populations of less than 25,000 people, 2 from
each of 5 regions (including the Northeast, Northwest,
Southeast, Southwest, and Midwest);
``(B) 2 shall be selected by the Attorney General
from personnel of State law enforcement agencies, 1
from training and 1 from law enforcement;
``(C) 2 shall be selected by the Director of the
Federal Bureau of Investigation from employees of the
Federal Bureau of Investigation; and
``(D) the Executive Director of the National Center
for Rural Law Enforcement, who shall serve as a
permanent member of the Advisory Board.
``(2) Powers.--
``(A) Terms of the Advisory Board members will be
for 1 year, with 3 members rotating each year. The
first Advisory Board members, at their first meeting, will draw lots
from 1 to 5 years.
``(B) The Advisory Board members shall formulate,
adopt, and publish guidelines governing the operation
of the Center, consistent with its mission.
``(3) Travel expenses.--The members of the Advisory Board
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in performance of services for the Advisory Board.
``(c) Executive Director.--
``(1) Appointment.--The Attorney General shall appoint the
Executive Director of the National Center for Rural Law
Enforcement in consultation with the Director of the Federal
Bureau of Investigation and the Chancellor of the University of
Arkansas at Little Rock. The Executive Director shall serve a
term not longer than 5 years.
``(2) Duties.--The Executive Director shall have the duties
and responsibilities fulfilling functions as set forth in this
Act, including the preparation and submission of a periodic
report to the Advisory Board and the Chancellor of the
University of Arkansas at Little Rock.
``(d) Procurement of Temporary and Intermittent Services.--The
National Center for Rural Law Enforcement, with the advice of the
Advisory Board, may procure temporary and intermittent services under
section 3109 of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate of basic pay
prescribed for members of the Senior Executive Service, ES-6, Level V
of the Executive Schedule as authorized by section 5352 of such title.
``SEC. 180402. FUNCTIONS.
``(a) In General.--The Director of the National Center for Rural
Law Enforcement shall provide for--
``(1) the training of supervisory and executive managers of
rural law enforcement in a systematic and effective manner;
``(2) the support of rural law enforcement agencies with
technical assistance and practical and focused research;
``(3) equitable education and training opportunities for
rural law enforcement personnel;
``(4) the delivery of training programs by Federal agencies
and the Center;
``(5) the promotion, development, and adoption of a
voluntary national system of education and training standards
and certification;
``(6) the development and dissemination of information
designed to assist States and units of local government in
rural areas throughout the country;
``(7) grants to, and contracts with, Federal, State, and
general units of local government, public and private agencies,
educational institutions, organizations, and individuals to
carry out this subtitle;
``(8) the establishment and continuation of a clearinghouse
and information center for the collection, preparation, and
dissemination of information on criminal justice and rural law
enforcement, including programs for prevention of crime and
recidivism, and management training of law enforcement
personnel;
``(9) assistance and service in a consulting capacity to
Federal, State, and local criminal justice agencies in the
development, maintenance, and coordination of programs,
facilities and services, training, research, and prevention
with respect to crime in rural areas;
``(10) the encouragement and assistance to Federal, State,
and local government programs and services, and programs for
law enforcement officers, judges and judicial personnel,
probation and parole personnel, correctional personnel, welfare
workers, and other persons;
``(11) the development of technical training teams to aid
in the development of seminars, workshops, and training
programs within the States and with the State and local
agencies that work with rural law enforcement managers;
``(12) the conduct, encouragement, and coordination of
research relating to law enforcement and criminal justice
issues, including the causes, diagnosis, and prevention of
criminal activity;
``(13) the formulation and dissemination of rural law
enforcement policy, goals, standards, and recommendations for
Federal, State, and local criminal justice agencies,
organizations, institutions, and personnel; and
``(14) evaluation programs that study the effectiveness of
new approaches, techniques, systems, programs, and devices
employed to improve rural law enforcement systems.
``(b) Authority.--The National Center for Rural Law Enforcement
may--
``(1) enter into contracts with public or private agencies,
organizations, or individuals for the performance of any of the
functions of the Center;
``(2) enter into cooperative agreements with Federal,
State, and local agencies and nonprofit entities to carry out
the functions of the Center;
``(3) arrange with and reimburse the heads of Federal
departments and agencies for the use of personnel, facilities,
or equipment of such departments and agencies;
``(4) confer with and avail itself of the assistance,
services, records, and facilities of State and local
governments or other public or private agencies, organizations,
and individuals; and
``(5) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code, at
rates of compensation not to exceed the daily equivalent of the
rate authorized for members of the Senior Executive Service,
ES-6, Level 5, as authorized by section 5352 of title 5, United
States Code.
``(c) Methods.--In carrying out its functions under this section,
the National Center for Rural Law Enforcement shall--
``(1) utilize consensus building;
``(2) work in cooperation with--
``(A) rural, nonurban law enforcement agencies;
``(B) agencies of Federal, State, and local
governments; and
``(C) institutions of higher learning, law
enforcement associations, and other not-for-profit
organizations;
``(3) request and receive from other Federal departments
and agencies such statistics, data, program reports, and other
materials necessary for the Center to carry out its functions;
``(4) arrange with and reimburse the heads of other Federal
departments and agencies for the use of personnel, facilities,
or equipment of such departments and agencies; and
``(5) use the assistance, services, records, and facilities
of State and local governments or other public or private
agencies, organizations, and individuals.
``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle, as a separate line item in the Department of Justice
Appropriations Act--
``(1) $12,000,000 for fiscal year 1997; and
``(2) such sums as are necessary for each of the fiscal
years 1998 through 2001.''.
(b) Technical Amendment.--The table of contents for the Violent
Crime Control and Law Enforcement Act of 1994 is amended by adding at
the end of the matter relating to title XVIII, the following:
``Subtitle D--National Center for Rural Law Enforcement
``Sec. 180401. Establishment.
``Sec. 180402. Functions.
``Sec. 180403. Authorization of appropriations.''. | Rural Law Enforcement Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock.
Establishes an advisory board and requires the Attorney General to appoint an Executive Director of the Center to prepare and submit a periodic report to the advisory board and the University. Sets forth the Director's functions, including providing for: (1) the support of rural law enforcement agencies with technical assistance and practical and focused research; (2) education and training for rural law enforcement managers and personnel; (3) grants and contracts to carry out this Act; (4) the establishment and continuation of a clearinghouse and information center on criminal justice and rural law enforcement; (5) consulting assistance and service to Federal, State, and local criminal justice agencies with respect to crime in rural areas; and (6) evaluation programs that study the effectiveness of new approaches employed to improve rural law enforcement systems.
Authorizes appropriations to carry out this Act as a separate line item in the Department of Justice Appropriations Act. | Rural Law Enforcement Act of 1996 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlined and Improved Methods at
Polling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''.
SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING
TIMES FOR VOTERS IN FEDERAL ELECTIONS.
(a) Requirements for States.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 306
and 307; and
(2) by inserting after section 303 the following new
sections:
``SEC. 304. EARLY VOTING.
``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day
period which ends 2 days before the date of the election, in the same
manner as voting is allowed on such day.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the date of a Federal election pursuant to
subsection (a) shall--
``(1) allow such voting for not less than 10 hours on each
day; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting prior to the date of a Federal election
pursuant to subsection (a) is located within reasonable walking
distance of a stop on a public transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the date scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.
``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.
``(a) Preventing Unreasonable Waiting Times.--
``(1) In general.--Each State shall provide a sufficient
number of voting systems, poll workers, and other election
resources (including physical resources) at a polling place
used in any election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State; and
``(B) that no individual will be required to wait
longer than one hour to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State shall
take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by such
voting site, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The educational levels and socio-economic
factors of the population served by such voting site.
``(G) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(H) The type of voting systems used.
``(I) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(J) Such other factors as the State considers
appropriate.
``(3) Guidelines.--Not later than 180 days after the date
of the enactment of this section, the Commission shall
establish and publish guidelines to assist States in meeting
the requirements of this subsection.
``(4) Rule of construction.--Nothing in this subsection may
be construed to authorize a State to meet the requirements of
this subsection by closing any polling place, prohibiting an
individual from entering a line at a polling place, or refusing
to permit an individual who has arrived at a polling place
prior to closing time from voting at the polling place.
``(b) Development and Implementation of Contingency Plans.--
``(1) In general.--Each State shall develop, and implement
to the greatest extent practicable, a contingency plan under
which the State shall provide additional poll workers,
machines, ballots, and other equipment and supplies (as the
case may be) on the date of the election to any polling place
used in an election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, at which waiting times exceed one hour.
``(2) Approval of plan by commission.--The State shall
ensure that the contingency plan developed under paragraph (1)
is approved by the Commission prior to the date of the election
involved, in accordance with such procedures as the Commission
may establish.
``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 303 the
following new items:
``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.
SEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS
OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING
PLACES.
Nothing in this Act or in any amendment made by this Act may be
construed to prohibit a State, with respect to any election for Federal
office--
(1) from providing (in an equitable and nondiscriminatory
manner) a longer period for early voting than the minimum
period required under section 304 of the Help America Vote Act
of 2002 (as added by section 2(a)); or
(2) from providing (in an equitable and nondiscriminatory
manner) a greater number of systems, poll workers, and other
election resources at any polling place than the minimum number
required under section 305 of such Act (as added by section
2(a)). | Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day.
Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route.
Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election.
Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place.
Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date. | To amend the Help America Vote Act of 2002 to require States to establish a minimum period of 15 days for early voting prior to the date of an election for Federal office and to ensure that no individual will be required to wait for longer than one hour to cast a ballot at a polling place in an election for Federal office. | [
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SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE
PROGRAM.
(a) Specific Appropriation or Contribution.--Section 1702 of the
Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost of the
guarantee has been made;
``(B) the Secretary has received from the borrower
a payment in full for the cost of the guarantee and
deposited the payment into the Treasury; or
``(C) a combination of appropriations under
subparagraph (A) or payments from the borrower under
subparagraph (B) has been made that is sufficient to
cover the cost of the guarantee.
``(2) Limitation.--The source of payments received from a
borrower under subparagraph (B) or (C) of paragraph (1) shall
not be a loan or other debt obligation that is made or
guaranteed by the Federal Government.''; and
(2) by adding at the end the following:
``(l) Credit Report.--If, in the opinion of the Secretary, a third-
party credit rating of the applicant or project is not relevant to the
determination of the credit risk of a project, if the project costs are
not projected to exceed $100,000,000, and the applicant agrees to
accept the credit rating assigned to the applicant by the Secretary,
the Secretary may waive any otherwise applicable requirement (including
any requirement described in part 609 of title 10, Code of Federal
Regulations) to provide a third-party credit report.
``(m) Direct Hire Authority.--
``(1) In general.--Notwithstanding sections 3304 and
sections 3309 through 3318 of title 5, United States Code, the
head of the loan guarantee program under this title (referred
to in this subsection as the `Executive Director') may, on a
determination that there is a severe shortage of candidates or
a severe hiring need for particular positions to carry out the
functions of this title, recruit and directly appoint highly
qualified critical personnel with specialized knowledge
important to the function of the programs under this title into
the competitive service.
``(2) Exception.--The authority granted under paragraph (1)
shall not apply to positions in the excepted service or the
Senior Executive Service.
``(3) Requirements.--In exercising the authority granted
under paragraph (1), the Executive Director shall ensure that
any action taken by the Executive Director--
``(A) is consistent with the merit principles of
section 2301 of title 5, United States Code; and
``(B) complies with the public notice requirements
of section 3327 of title 5, United States Code.
``(4) Sunset.--The authority provided under paragraph (1)
shall terminate on September 30, 2011.
``(n) Professional Advisors.--The Secretary may--
``(1) retain agents and legal and other professional
advisors in connection with guarantees and related activities
authorized under this title;
``(2) require applicants for and recipients of loan
guarantees to pay all fees and expenses of the agents and
advisors; and
``(3) notwithstanding any other provision of law, select
such advisors in such manner and using such procedures as the
Secretary determines to be appropriate to protect the interests
of the United States and achieve the purposes of this title.
``(o) Multiple Sites.--Notwithstanding any contrary requirement
(including any provision under part 609.12 of title 10, Code of Federal
Regulations) an eligible project may be located on 2 or more non-
contiguous sites in the United States.''.
(b) Applications for Multiple Eligible Projects.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Multiple Applications.--Notwithstanding any contrary
requirement (including any provision under part 609.3(a) of title 10,
Code of Federal Regulations), a project applicant or sponsor of an
eligible project may submit an application for more than 1 eligible
project under this section.''.
(c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at
the end the following:
``(4) Energy efficiency projects, including projects to
retrofit residential, commercial, and industrial buildings,
facilities, and equipment.''.
(d) Fees; Professional Advisors.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
(1) by striking subsection (f) and inserting the following:
``(f) Fees.--Except as otherwise permitted under subsection (i),
administrative costs shall be not more than $100,000 or 10 basis points
of the loan.'';
(2) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(3) by inserting after subsection (h) the end the
following:
``(i) Professional Advisors.--The Secretary may--
``(1) retain agents and legal and other professional
advisors in connection with guarantees and related activities
authorized under this section;
``(2) require applicants for and recipients of loan
guarantees to pay directly, or through the payment of fees to
the Secretary, all fees and expenses of the agents and
advisors; and
``(3) notwithstanding any other provision of law, select
such advisors in such manner and using such procedures as the
Secretary determines to be appropriate to protect the interests
of the United States and achieve the purposes of this
section.''. | Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made; (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee; or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee.
Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project; (2) the project costs are not projected to exceed $100 million; and (3) the applicant agrees to accept the credit rating the Secretary assigns.
Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions (direct hire authority).
Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities; and (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors.
Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment. | A bill to amend the Energy Policy Act of 2005 to improve the loan guarantee program of the Department of Energy under title XVII of that Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Changing Room Privacy
Act''.
SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN
CERTAIN EMPLOYMENT LOCATIONS.
(a) In General.--An employer may not engage in video monitoring or
audio monitoring of an employee of the employer when the employee is in
a restroom facility, dressing room, or any other area in which it is
reasonable to expect employees of the employer to change clothing.
(b) Use of Monitoring Results.--An employer may not use the results
of video or audio monitoring conducted in violation of this Act for any
purpose, including any employee discipline. An employer shall
immediately destroy all copies of any recording determined to have been
made in violation of this Act.
(c) Non-Retaliation.--An employer may not discharge, discipline, or
discriminate in any manner against an employee because the employee
has--
(1) filed any complaint or instituted or caused to be
instituted any proceeding under this Act; or
(2) testified or is about to testify in any proceeding
under this Act.
(d) Limitation.--Nothing in this Act shall prohibit any video
monitoring or audio monitoring conducted by a law enforcement agency as
part of a criminal investigation and pursuant to a validly issued
warrant.
SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.
(a) In General.--Any employer who violates section 2 shall be
liable to the United States for a civil money penalty in an amount not
to exceed $18,000 for each violation.
(b) Written Notice and Opportunity for Hearing.--The Secretary of
Labor shall assess a civil money penalty under subsection (a) by an
order made on the record after opportunity for a hearing provided in
accordance with section 554 of title 5, United States Code. In
connection with the hearing, the Secretary may issue subpoenas
requiring the attendance and testimony of witnesses and the production
of evidence that relates to the subject matter of the hearing.
(c) Determination of Amount of Civil Money Penalty.--In determining
the amount of a civil money penalty under subsection (a), the Secretary
shall take into account--
(1) the nature, circumstances, extent, and gravity of the
violation or violations; and
(2) with respect to the violator, the ability to pay,
effect on ability to continue to do business, any history of
prior violations, the degree of culpability, and such other
matters as justice may require.
(d) Modification of Civil Money Penalty.--The Secretary may
compromise, modify, or remit, with or without conditions, any civil
money penalty assessed under subsection (a). The amount of such
penalty, when finally determined, or the amount agreed upon in
compromise, may be deducted from any sums owing by the United States to
the employer.
(e) Judicial Review.--An employer who requested, in accordance with
section 554 of title 5, United States Code, a hearing respecting the
assessment of a civil money penalty under this subsection, and who is
aggrieved by the order assessing the penalty may file a petition for
judicial review of the order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit in which
the employer resides or transacts business. Such a petition may only be
filed within the 120-day period beginning on the date the order was
issued.
(f) Failure To Pay.--The Secretary of Labor may recover, in an
action brought in any appropriate district court of the United States,
the amount of a civil money penalty assessed under this subsection
against an employer who fails to pay the penalty--
(1) after the order making the assessment becomes final,
and if such employer does not file a petition for judicial
review of the order in accordance with subsection (e); or
(2) after a court in an action brought under subsection (e)
has entered a final judgment in favor of the Secretary.
(g) No Review of Penalty.--In an action brought under subsection
(f), the validity, amount, and appropriateness of the civil money
penalty shall not be subject to review.
(h) Injunctive Relief.--The Secretary may commence, in any court of
competent jurisdiction, a civil action for the purpose of obtaining
temporary or permanent injunctive relief with respect to preventing a
violation of section 2.
SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.
(a) In General.--An employee who is aggrieved as a result of a
violation of section 2 by the employer of such employee may commence,
in any court of competent jurisdiction, a civil action against the
employer to obtain appropriate relief, including--
(1) an injunction to enjoin the employer from further
engaging in the violation or from committing any further
violation, as appropriate;
(2) damages not to exceed $25,000; or
(3) both such remedies.
In any action or proceeding under this section, the court, in its
discretion, may allow the prevailing party a reasonable attorney's fee
(including expert fees) as part of the costs.
(b) Commencement of Proceedings.--An employee referred to in
subsection (a) may not commence proceedings under such subsection
against an employer of the employee after the expiration of the 7-year
period beginning on the later of the following:
(1) The date on which the employer allegedly engaged in a
violation of section 2.
(2) The date on which the employee should have been aware
of an alleged violation of section 2 by the employer.
SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.
(a) State Laws.--This Act does not annul, alter, or affect in any
manner the meaning, scope, or applicability of the laws of any State or
political subdivision of any State, except to the extent such laws are
inconsistent with this Act, and then only to the extent of the
inconsistency. A law is not inconsistent with this Act if the law
affords greater protection to an employee than the protection provided
under this Act.
(b) Collective Bargaining Agreements.--This Act does not annul,
alter, or affect in any manner the meaning, scope, or applicability of
any collective bargaining agreements, except to the extent that such
agreements are inconsistent with this Act, and then only to the extent
of the inconsistency. An agreement is not inconsistent with this Act if
the agreement affords greater protection to an employee than the
protection provided under this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Audio monitoring.--The term ``audio monitoring'' means
the listening to, collecting, or recording of sounds of an
employee by means of audio equipment or other method.
(2) Employee.--The term ``employee'' means any person who
is employed by an employer or who was employed by an employer
at the time of a violation that was allegedly committed by that
employer. Such term includes leased or temporary employees and
an employee who is under contract to perform work for an
employer.
(3) Employer.--The term ``employer'' means any person or
entity engaged in commerce or in an industry or activity
affecting interstate commerce.
(4) Video monitoring.--The term ``video monitoring'' means
the videotaping, photographing, filming, or recording by any
electronic means of an employee, or installing a device that
videotapes, photographs, films, or otherwise records visual
images.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.
SEC. 7. EFFECTIVE DATE.
This Act takes effect 60 days after the date of the enactment of
this Act. | Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation.
Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant.
Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees.
Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act. | To protect employees from invasion of privacy by employers by prohibiting video and audio monitoring of employees when in an area where it is reasonable to expect employees to change clothing. | [
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SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Theodore Roosevelt
Commemorative Coin Act''.
(b) Findings.--The Congress makes the following findings:
(1) Theodore Roosevelt, the 26th President of the United
States, inspired and led the people of the United States toward
the goal of natural resource conservation.
(2) The protection and conservation of the Nation's natural
heritage requires the acquisition by the United States of
habitat and rights to the use of habitat.
(3) Allowing those persons who benefit from and support
conservation efforts to participate in the funding of those
efforts is desirable and achievable through the sale of
collectors' commemorative coins.
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.--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.--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.
(3) Half dollar clad coins.--Half dollar coins which
shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Amounts of coins.--
(1) Gold coins.--The Secretary shall issue coins under
subsection (a)(1) with the dates and in the amounts as follows:
Year Amount
1997........................... Not more than 500,000.
1998........................... Not more than 500,000.
(2) Silver coins.--The Secretary shall issue coins under
subsection (a)(2) with the dates and in the amounts as follows:
Year Amount
1997........................... Not more than 1,000,000.
1998........................... Not more than 1,000,000.
(3) Clad coins.--The Secretary shall issue coins under
subsection (a)(3) with the dates and in the amounts as follows:
Year Amount
1997........................... Not more than 1,000,000.
1998........................... Not more than 1,250,000.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) Obverse.--The obverse side of the coins minted under
this Act shall bear the likeness of Theodore Roosevelt.
(2) Reverse.--The reverse side of the coin shall be
emblematic of the Nation's natural resources.
(3) 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 date of the coin as
specified in section 2(b); and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint 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) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1998.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $7 per coin for the $1 coin; and
(3) $2 per coin for the half dollar coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) Administration of Endangered Species Act of 1973.--All
surcharges received by the Secretary from the sale of coins issued
under this Act shall, to the extent and in amounts provided in advance
in appropriation Acts, be promptly made available by the Secretary to
the Secretary of the Interior for use by such Secretary in connection
with the administration of the Endangered Species Act of 1973.
(b) Excess Amounts.--If, after the sale of all coins minted under
this Act, the amount of surcharges received by the Secretary from the
sale of coins issued under this Act exceeds the amount of such
surcharges which have been appropriated to the Secretary of the
Interior in accordance with subsection (a), such excess amount shall be
deposited in the general fund of the Treasury.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins, one-dollar silver coins, and half-dollar coins whose obverse side shall bear the likeness of Theodore Roosevelt, and whose reverse side shall be emblematic of the Nation's natural resources.
Mandates that surcharges received from coin sales be made available to the Secretary of the Interior in connection with the administration of the Endangered Species Act of 1973. | Theodore Roosevelt Commemorative Coin Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Grain Standards Act
Reauthorization Act of 2015''.
SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT.
(a) Official Inspection and Weighing Requirements.--
(1) Weighing requirements at export elevators.--Section
5(a)(2) of the United States Grain Standards Act (7 U.S.C.
77(a)(2)) is amended in the proviso by striking ``intracompany
shipments of grain into an export elevator by any mode of
transportation, grain transferred into an export elevator by
transportation modes other than barge,'' and inserting
``shipments of grain into an export elevator by any mode of
transportation''.
(2) Disruption in grain inspection or weighing.--Section 5
of the United States Grain Standards Act (7 U.S.C. 77) is
amended by adding at the end the following:
``(d) Disruption in Grain Inspection or Weighing.--In the case of a
disruption in official grain inspections or weighings, including if the
Secretary waives the requirement for official inspection due to an
emergency under subsection (a)(1), the Secretary shall--
``(1) immediately take such actions as are necessary to
address the disruption and resume inspections or weighings;
``(2) not later than 24 hours after the start of the
disruption in inspection or weighing, submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that describes--
``(A) the disruption; and
``(B) any actions necessary to address the concerns
of the Secretary relating to the disruption so that
inspections or weighings may resume; and
``(3) once the initial report in paragraph (2) has been
made, provide daily updates until official inspection or
weighing services at the site of disruption have resumed.''.
(b) Official Inspection Authority and Funding.--
(1) Delegation of official inspection authority.--Section
7(e)(2) of the United States Grain Standards Act (7 U.S.C.
79(e)(2)) is amended--
(A) by striking ``(2) If the Secretary'' and
inserting the following:
``(2) Delegation of authority to state agencies.--
``(A) In general.--If the Secretary'';
(B) in the first sentence--
(i) by striking ``and (A)'' and inserting
``and (i)'';
(ii) by striking ``or (B)(i)'' and
inserting ``or (ii)(I)'';
(iii) by striking ``(ii)'' and inserting
``(II)''; and
(iv) by striking ``(iii)'' and inserting
``(III)''; and
(C) by adding at the end the following:
``(B) Certification.--
``(i) In general.--Every 5 years, the
Secretary shall certify that each State agency
with a delegation of authority is meeting the
criteria described in subsection (f)(1)(A).
``(ii) Process.--Not later than 1 year
after the date of enactment of the United
States Grain Standards Act Reauthorization Act
of 2015, the Secretary shall establish a
process for certification under which the
Secretary shall--
``(I) publish in the Federal
Register notice of intent to certify a
State agency and provide a 30-day
period for public comment;
``(II) evaluate the public comments
received and, in accordance with
paragraph (3), conduct an investigation
to determine whether the State agency
is qualified;
``(III) make findings based on the
public comments received and
investigation conducted; and
``(IV) publish in the Federal
Register a notice announcing whether
the certification has been granted and
describing the basis on which the
Secretary made the decision.
``(C) State agency requirements.--
``(i) In general.--If a State agency that
has been delegated authority under this
paragraph intends to temporarily discontinue
official inspection or weighing services for
any reason, except in the case of a major
disaster, the State agency shall notify the
Secretary in writing of the intention of the
State agency to do so at least 72 hours in
advance of the discontinuation date.
``(ii) Secretarial consideration.--The
Secretary shall consider receipt of a notice
described in clause (i) as a factor in
administering the delegation of authority under
this paragraph.''.
(2) Consultation.--Section 7(f)(1) of the United States
Grain Standards Act (7 U.S.C. 79(f)(1)) is amended--
(A) in subparagraph (A)(xi), by striking ``and'' at
the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the Secretary--
``(i) periodically conducts a consultation
with the customers of the applicant, in a
manner that provides opportunity for protection
of the identity of the customer if desired by
the customer, to review the performance of the
applicant with regard to the provision of
official inspection services and other
requirements of this Act; and
``(ii) works with the applicant to address
any concerns identified during the consultation
process.''.
(3) Duration of designation authority.--Section 7(g)(1) of
the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is
amended by striking ``triennially'' and inserting ``every 5
years''.
(4) Fees.--Section 7(j) of the United States Grain
Standards Act (7 U.S.C. 79(j)(1)) is amended--
(A) by striking ``(j)(1) The Secretary'' and
inserting the following:
``(j) Fees.--
``(1) Inspection fees.--
``(A) In general.--The Secretary'';
(B) in paragraph (1)--
(i) the second sentence, by striking ``The
fees'' and inserting the following:
``(B) Amount of fees.--The fees'';
(ii) in the third sentence, by striking
``Such fees'' and inserting the following:
``(C) Use of fees.--Fees described in this
paragraph''; and
(iii) by adding at the end the following:
``(D) Export tonnage fees.--For an official
inspection at an export facility performed by the
Secretary, the portion of the fees based on export
tonnage shall be based on the rolling 5-year average of
export tonnage volumes.'';
(C) by redesignating paragraph (4) as paragraph
(5);
(D) by inserting after paragraph (3) the following:
``(4) Adjustment of fees.--In order to maintain an
operating reserve of not less than 3 and not more than 6
months, the Secretary shall adjust the fees described in
paragraphs (1) and (2) not less frequently than annually.'';
and
(E) in paragraph (5) (as redesignated by
subparagraph (C)), in the first sentence, by striking
``2015'' and inserting ``2020''.
(c) Weighing Authority.--Section 7A of the United States Grain
Standards Act (7 U.S.C. 79a) is amended--
(1) in subsection (c)(2), in the last sentence, by striking
``subsection (g) of section 7'' and inserting ``subsections (e)
and (g) of section 7''; and
(2) in subsection (l)--
(A) by striking ``(l)(1) The Secretary'' and
inserting the following:
``(l) Fees.--
``(1) Weighing fees.--
``(A) In general.--The Secretary'';
(B) in paragraph (1)--
(i) the second sentence, by striking ``The
fees'' and inserting the following:
``(B) Amount of fees.--The fees'';
(ii) in the third sentence, by striking
``Such fees'' and inserting the following:
``(C) Use of fees.--Fees described in this
paragraph''; and
(iii) by adding at the end the following:
``(D) Export tonnage fees.--For an official
weighing at an export facility performed by the
Secretary, the portion of the fees based on export
tonnage shall be based on the rolling 5-year average of
export tonnage volumes.'';
(C) by redesignating paragraph (3) as paragraph
(4);
(D) by inserting after paragraph (2) the following:
``(3) Adjustment of fees.--In order to maintain an
operating reserve of not less than 3 and not more than 6
months, the Secretary shall adjust the fees described in
paragraphs (1) and (2) not less frequently than annually.'';
and
(E) in paragraph (4) (as redesignated by
subparagraph (C)), in the first sentence, by striking
``2015'' and inserting ``2020''.
(d) Limitation and Administrative and Supervisory Costs.--Section
7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended
by striking ``2015'' and inserting ``2020''.
(e) Issuance of Authorization.--Section 8(b) of the United States
Grain Standards Act (7 U.S.C. 84(b)) is amended by striking
``triennially'' and inserting ``every 5 years''.
(f) Appropriations.--Section 19 of the United States Grain
Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and
inserting ``2020''.
(g) Advisory Committee.--Section 21(e) of the United States Grain
Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and
inserting ``2020''.
SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate, the Committee on
Agriculture of the House of Representatives, the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies of the Committee on Appropriations of the Senate, and
the Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies of the Committee on Appropriations
of the House of Representatives a report that describes--
(1) the specific factors that led to disruption in Federal
inspection of grain exports at the Port of Vancouver in the
summer of 2014;
(2) any factors that contributed to the disruption referred
to in paragraph (1) that were unique to the Port of Vancouver,
including a description of the port facility, security needs
and available resources for that purpose, and any other
significant factors as determined by the Secretary; and
(3) any changes in policy that the Secretary has
implemented to ensure that a similar disruption in Federal
inspection of grain exports at the Port of Vancouver or any
other location does not occur in the future.
SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture, in consultation with the United States
Trade Representative, shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives a report that describes--
(1) the policy barriers to United States grain producers in
countries the grain of which receives official grading in the
United States but which do not offer official grading for
United States grain or provide only the lowest designation for
United States grain, including an analysis of possible
inconsistencies with trade obligations; and
(2) any actions the Executive Branch is taking to remedy
the policy barriers so as to put United States grain producers
on equal footing with grain producers in countries imposing the
barriers. | . United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain. | United States Grain Standards Act Reauthorization Act of 2015 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Justice Tax Fairness Act of
2013''.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL DISCRIMINATION.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting before section 140 the
following new section:
``SEC. 139E. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
DISCRIMINATION.
``(a) In General.--
``(1) Exclusion.--Gross income does not include amounts
received by a claimant (whether by judgment or settlement and
whether as lump sums or periodic payments) on account of a
claim of unlawful discrimination.
``(2) Amounts covered.--For purposes of paragraph (1), the
term `amounts' does not include--
``(A) backpay or frontpay, as defined in section
1302(b), or
``(B) punitive damages.
``(b) Unlawful Discrimination Defined.--For purposes of this
section, the term `unlawful discrimination' has the meaning given such
term by section 62(e).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting before the item relating to section 140 the
following new item:
``Sec. 139E. Amounts received on account of certain unlawful
discrimination.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2012.
SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND
FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
EMPLOYMENT DISCRIMINATION.
(a) In General.--Part I of subchapter Q of chapter 1 of the
Internal Revenue Code of 1986 (relating to income averaging) is amended
by adding at the end the following new section:
``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION.
``(a) General Rule.--If employment discrimination backpay or
frontpay is received by a taxpayer during a taxable year, the tax
imposed by this chapter for such taxable year shall not exceed the sum
of--
``(1) the tax which would be so imposed if--
``(A) no amount of such backpay or frontpay were
included in gross income for such year, and
``(B) no deduction were allowed for such year for
expenses (otherwise allowable as a deduction to the
taxpayer for such year) in connection with making or
prosecuting any claim of unlawful employment
discrimination by or on behalf of the taxpayer, plus
``(2) the product of--
``(A) the number of years in the backpay period and
frontpay period, and
``(B) the amount by which the tax determined under
paragraph (1) would increase if the amount on which
such tax is determined were increased by the average
annual net backpay and frontpay amount.
``(b) Definitions.--For purposes of this section--
``(1) Employment discrimination backpay or frontpay.--The
term `employment discrimination backpay or frontpay' means
backpay or frontpay receivable (whether as lump sums or
periodic payments) on account of a claim of unlawful employment
discrimination.
``(2) Unlawful employment discrimination.--The term
`unlawful employment discrimination' has the meaning provided
the term `unlawful discrimination' in section 62(e).
``(3) Backpay and frontpay.--The terms `backpay' and
`frontpay' mean amounts--
``(A) which are includible in gross income in the
taxable year as compensation which is attributable--
``(i) in the case of backpay, to services
performed, or that would have been performed
but for a claimed violation of law, as an
employee, former employee, or prospective
employee before such taxable year for the
taxpayer's employer, former employer, or
prospective employer, and
``(ii) in the case of frontpay, to
employment that would have been performed but
for a claimed violation of law, in a taxable
year or taxable years following the taxable
year, and
``(B) which are received on account of a judgment
or settlement resulting from a claim for a violation of
law.
``(4) Backpay period.--The term `backpay period' means the
period during which services are performed (or would have been
performed) to which backpay is attributable. If such period is
not equal to a whole number of taxable years, such period shall
be increased to the next highest number of whole taxable years.
``(5) Frontpay period.--The term `frontpay period' means
the period of foregone employment to which frontpay is
attributable. If such period is not equal to a whole number of
taxable years, such period shall be increased to the next
highest number of whole taxable years.
``(6) Average annual net backpay and frontpay amount.--The
term `average annual net backpay and frontpay amount' means the
amount equal to--
``(A) the excess of--
``(i) employment discrimination backpay and
frontpay, over
``(ii) the amount of deductions that would
have been allowable but for subsection
(a)(1)(B), divided by
``(B) the number of years in the backpay period and
frontpay period.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 1301 the following new item:
``Sec. 1302. Income from backpay and frontpay received on account of
certain unlawful employment
discrimination.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2012.
SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT
OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO
INCREASE ALTERNATIVE MINIMUM TAX LIABILITY.
(a) In General.--Section 55(c) of the Internal Revenue Code of 1986
(defining regular tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following:
``(3) Coordination with income averaging for amounts
received on account of employment discrimination.--Solely for
purposes of this section, section 1302 (relating to averaging
of income from backpay or frontpay received on account of
certain unlawful employment discrimination) shall not apply in
computing the regular tax.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012. | Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (whether by judgment or settlement, as lump sums or periodic payments) on account of a claim of unlawful discrimination; (2) income averaging for backpay and frontpay amounts received from such claims; and (3) an exemption from the alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim. | Civil Justice Tax Fairness Act of 2013 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poverty Trap Study Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Low income people are subject to many taxes, including
the Federal income tax, payroll taxes, and State income taxes.
In addition, eligibility for many Federal and State programs
for assistance to the working poor, such as the earned income
tax credit, food stamps, housing assistance programs, medicaid,
child care assistance, and the women, infants, and children
(WIC) nutrition program is based in part on income levels. The
rates at which the benefits from such programs are phased out
have the same effect as additional taxes imposed on the
beneficiaries.
(2) The total effective marginal rate of tax for additional
income earned by low income people can exceed 100 percent and
can be a disincentive to working more hours, getting a raise,
learning a more lucrative trade, getting married, or engaging
in other economic or social activities.
SEC. 3. NATIONAL COMMISSION ON MARGINAL TAX RATES FOR THE WORKING POOR.
(a) Establishment.--There is established a commission to be known
as the National Commission on Marginal Tax Rates for the Working Poor
(in this section referred to as the ``Commission'').
(b) Duties of the Commission.--The Commission shall--
(1) determine the total effective marginal rate of tax from
all taxes and benefit program phaseouts that persons are
subject to (both as individuals and as married couples) at all
earnings levels between $7,000 and $30,000 per year for at
least 5 States, including Wisconsin and California; and
(2) submit the report required under subsection (f) to
Congress.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 12 members, of whom--
(A) 3 shall be appointed by the Speaker of the
House of Representatives;
(B) 2 shall be appointed by the Minority Leader of
the House of Representatives;
(C) 3 shall be appointed by the Majority Leader of
the Senate;
(D) 2 shall be appointed by the Minority Leader of
the Senate; and
(E) 2 shall be appointed by the President.
(2) Chairman.--The members of the Commission shall elect a
chairman of the Commission at its first meeting.
(3) Background.--At least half of the members appointed by
each person who appoints members under paragraph (1) shall be
recognized experts from think tanks or academia in the subject
matter reviewed by the Commission.
(4) Terms of appointment.--The term of any appointment
under paragraph (1) to the Commission shall be for the life of
the Commission.
(5) Meetings.--The President shall designate a member of
the Commission to call the first meeting of the Commission.
Thereafter, the Commission shall meet at the call of its
Chairman or a majority of its members.
(6) Quorum.--A quorum shall consist of 7 members of the
Commission.
(7) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made,
not later than 30 days after the Commission is given notice of
the vacancy, and shall not affect the power of the remaining
members to execute the duties of the Commission.
(8) Compensation.--Members of the Commission shall receive
no additional pay, allowances, or benefits by reason of their
service on the Commission.
(9) Expenses.--Each member of the Commission shall receive
travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(d) Staff and Support Services.--
(1) Executive director.--
(A) Appointment.--The Chairman shall appoint an
executive director of the Commission.
(B) Compensation.--The executive director shall be
paid the rate of basic pay for level V of the Executive
Schedule.
(2) Staff.--With the approval of the Commission, the
executive director may appoint such personnel as the executive
director considers appropriate.
(3) Applicability of civil service laws.--The staff of the
Commission shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and shall be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title (relating to classification and General Schedule pay
rates).
(4) Experts and consultants.--With the approval of the
Commission, the executive director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Physical facilities.--The Administrator of General
Services shall locate suitable office space for the operation
of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning
of the Commission.
(e) Powers of Commission.--
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the Commission may hold such hearings
and undertake such other activities as the Commission
determines to be necessary to carry out its duties.
(2) Studies by gao.--Upon the request of the Commission,
the Comptroller General shall conduct such studies or
investigations as the Commission determines to be necessary to
carry out its duties.
(3) Detail of federal employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to
detail, without reimbursement, any of the personnel of such
agency to the Commission to assist the Commission in carrying
out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
(4) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out its duties.
(5) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as
Federal agencies and shall, for purposes of the frank, be
considered a commission of Congress as described in section
3215 of title 39, United States Code.
(6) Obtaining information.--The Commission may secure
directly from any Federal agency information necessary to
enable it to carry out its duties, if the information may be
disclosed under section 552 of title 5, United States Code.
Upon request of the Chairman of the Commission, the head of
such agency shall furnish such information to the Commission.
(7) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
(8) Printing.--For purposes of costs relating to printing
and binding, including the cost of personnel detailed from the
Government Printing Office, the Commission shall be deemed to
be a committee of the Congress.
(f) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commission shall submit to Congress a report
containing--
(1) the Commission's findings; and
(2) recommendations for resolving any economic and other
disincentives found by the Commission caused by the marginal
tax rates to which the working poor are subject.
(g) Termination.--The Commission shall terminate 30 days after the
date of submission of the report required in subsection (f). Section
14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to
the Commission.
(h) Limitations on Authorization of Appropriations.--There are
authorized to be appropriated not more than $900,000 to carry out this
section. | Poverty Trap Study Act of 2001 - Establishes the National Commission on Marginal Tax Rates for the Working Poor to: (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to at all earnings levels between $7,000 and $30,000 per year for at least five States, including Wisconsin and California; and (2) report to Congress. Authorizes appropriations. Terminates the Commission 30 days after the submission of its report. | To establish a commission to study and make recommendations on marginal tax rates for the working poor. | [
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SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Poland is one of the closest allies of the United
States in Europe and worldwide; the diplomatic, political,
military, and economic relationships between the two countries
have never been better in history, but personal contacts among
ordinary individuals are lagging behind. Over the medium and
long terms, this will start to affect the overall quality of
the strategic partnership between the United States and Poland.
(2) Poland has actively participated in the global campaign
against terrorism led by the United States. There is an
indication that the threat of potential terrorist activities
generated in Poland is actually smaller than that in most of
the 27 countries currently participating in the visa waiver
program established under section 217 of the Immigration and
Nationality Act. Polish citizens have not been involved in any
form of terrorist activities on the territory of the United
States or against the interests of the United States overseas.
(3) Since joining the North Atlantic Treaty Organization on
March 12, 1999, Poland has proven to be a reliable partner and
a capable guarantor of NATO security in Kosovo and Afghanistan.
(4) From the first days of Operation Iraqi Freedom, Poland
has been a staunch ally to the United States and has committed
its soldiers to help with ongoing stabilization efforts in
Iraq.
(5) In recognition of the historic changes in our bilateral
relations and motivated by the sincere need to enhance contacts
between Polish and United States citizens, on April 15, 1991,
Poland unilaterally repealed its visa obligation for United
States citizens seeking to travel to Poland for a period of 90
days or less.
(6) The Polish-American community of 9.3 million people
contributed significantly to the development of the United
States.
(7) Since the movement known as ``Solidarity'' and the
turning point of 1989, Poland has undergone great political,
social, and economic changes. It has become a nation committed
to traditional values, rules of law, freedom, and democracy.
(8) On May 1, 2004, Poland became a member state of the
vibrant European Union. Poland is a free market economy, and
Poland's integration within the European structures has had a
stabilizing effect on its economy.
(9) More than 150,000 Polish citizens visited the United
States in 2003.
(10) Poland's visa refusal rate has declined dramatically,
and it continues to decline. Nevertheless, the visa refusal
rate is an arbitrary standard that is not an objective
measurement because it does not reflect the propensity of
nationals from Poland to violate the terms of their admission
into the United States.
(11) Poland participates in the work and travel program
that allows about 25,000 Polish students to visit the United
States each year.
(12) Warsaw International Airport Okecie participates in
the pilot program of voluntary passenger screening for
passengers leaving Warsaw to fly to the United States.
(13) If Poland is allowed to conditionally participate in
the visa waiver program, the Polish government will develop and
implement a campaign to prevent Polish citizens from remaining
in the United States beyond their authorized period of
admission or otherwise violating the terms of their admission
into the United States.
(14) The Polish government is committed to becoming a
successful part of the visa waiver program.
(15) Poland is ready to demonstrate that adequate
safeguards against fraudulent use of its passports are in
place, including proper storage of blank passports and
sufficient screening of passport applicants.
(16) Poland is determined to fulfill its obligations and
introduce extremely safe passports for its citizens, including
two mandatory biometric identifiers. This is in addition to
satisfaction of the machine-readable requirements for passports
described in the Immigration and Nationality Act.
(17) On February 23, 2004, and May 11, 2004, the assemblies
of New Jersey and Massachusetts, respectively, enacted
resolutions urging the President and the Congress to make
Poland eligible for the visa waiver program.
SEC. 2. TEMPORARY AND CONDITIONAL DESIGNATIONS OF POLAND FOR VISA
WAIVER PROGRAM.
(a) Temporary Designation.--
(1) In general.--Effective on the date of the enactment of
this Act, and notwithstanding section 217(c) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)), Poland temporarily
shall be designated a program country for purposes of the visa
waiver program established under section 217 of such Act.
(2) Expiration.--The temporary designation described in
paragraph (1) shall expire on the date that is 18 months after
the date of the enactment of this Act.
(b) Review.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Homeland Security shall determine the
overstay rate for the portion of the period of temporary designation
described in subsection (a) that has elapsed when the determination is
made. Based on such calculation, the Secretary shall determine whether
Poland permanently, but conditionally, shall be designated a program
country for purposes of such visa waiver program.
(c) Duration, Suspension, and Termination of Conditional
Designation.--
(1) In general.--Notwithstanding any other provision of
law, if the Secretary determines under subsection (b) that
Poland permanently, but conditionally, shall be designated a
program country, Poland shall continue to be a program country
for purposes of the visa waiver program as long as the annual
overstay rate for each fiscal year remains below 3 percent.
(2) Suspension.--If the overstay rate for a fiscal year
exceeds 3 percent, the Secretary of Homeland Security shall
suspend the designation of Poland as a program country for
purposes of the visa waiver program for a period of 1 year.
(3) Termination.--If the annual overstay rate exceeds 3
percent for any two fiscal years (regardless of whether such
years are consecutive), the Secretary of Homeland Security
shall terminate the designation of Poland as a program country
for purposes of the visa waiver program.
(4) Redesignation.--The Secretary of Homeland Security may
redesignate Poland as a program country without regard to any
other law when the Secretary determines that Poland has
established satisfactory new safeguards to ensure that the
overstay rate will remain acceptably low.
(d) Definition.--For purposes of this section, the term ``overstay
rate'' means the percentage which--
(1) the total number of nationals of Poland who were
admitted as nonimmigrant visitors during the applicable
measurement period and who violated the terms of such
admission; bears to
(2) the total number of nationals of such country who
applied for admission as nonimmigrant visitors during such
period. | Temporarily designates Poland as a program country for purposes of the Immigration and Nationality Act's visa waiver program (VWP), notwithstanding designation requirements of current law.
Requires the Secretary of Homeland Security to determine the nonimmigrant visa overstay rate for Polish nationals for the elapsed period of temporary designation and, based on such calculation, to determine whether Poland shall be designated permanently but conditionally for VWP purposes.
States that, if permanently but conditionally designated, Poland shall remain a VWP country as long as the annual overstay rate remains below three percent. Requires the Secretary to: (1) suspend VWP designation for one year if the overstay rate exceeds three percent; and (2) terminate VWP designation if the overstay rate exceeds three percent for any two fiscal years, with the possibility of redesignation. | To designate Poland as a program country under the visa waiver program established under section 217 of the Immigration and Nationality Act, subject to special conditions. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Improvement
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Municipality.--The term ``municipality'' has the meaning
given that term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
SEC. 3. INTEGRATED PLANS.
(a) Integrated Plans.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end the
following:
``(s) Integrated Plans.--
``(1) Definition of integrated plan.--In this subsection, the
term `integrated plan' means a plan developed in accordance with
the Integrated Municipal Stormwater and Wastewater Planning
Approach Framework, issued by the Environmental Protection Agency
and dated June 5, 2012.
``(2) In general.--The Administrator (or a State, in the case
of a permit program approved by the Administrator) shall inform
municipalities of the opportunity to develop an integrated plan
that may be incorporated into a permit under this section.
``(3) Scope.--
``(A) Scope of permit incorporating integrated plan.--A
permit issued under this section that incorporates an
integrated plan may integrate all requirements under this Act
addressed in the integrated plan, including requirements
relating to--
``(i) a combined sewer overflow;
``(ii) a capacity, management, operation, and
maintenance program for sanitary sewer collection systems;
``(iii) a municipal stormwater discharge;
``(iv) a municipal wastewater discharge; and
``(v) a water quality-based effluent limitation to
implement an applicable wasteload allocation in a total
maximum daily load.
``(B) Inclusions in integrated plan.--An integrated plan
incorporated into a permit issued under this section may
include the implementation of--
``(i) projects, including innovative projects, to
reclaim, recycle, or reuse water; and
``(ii) green infrastructure.
``(4) Compliance schedules.--
``(A) In general.--A permit issued under this section that
incorporates an integrated plan may include a schedule of
compliance, under which actions taken to meet any applicable
water quality-based effluent limitation may be implemented over
more than 1 permit term if the schedule of compliance--
``(i) is authorized by State water quality standards;
and
``(ii) meets the requirements of section 122.47 of
title 40, Code of Federal Regulations (as in effect on the
date of enactment of this subsection).
``(B) Time for compliance.--For purposes of subparagraph
(A)(ii), the requirement of section 122.47 of title 40, Code of
Federal Regulations, for compliance by an applicable statutory
deadline under this Act does not prohibit implementation of an
applicable water quality-based effluent limitation over more
than 1 permit term.
``(C) Review.--A schedule of compliance incorporated into a
permit issued under this section may be reviewed at the time
the permit is renewed to determine whether the schedule should
be modified.
``(5) Existing authorities retained.--
``(A) Applicable standards.--Nothing in this subsection
modifies any obligation to comply with applicable technology
and water quality-based effluent limitations under this Act.
``(B) Flexibility.--Nothing in this subsection reduces or
eliminates any flexibility available under this Act, including
the authority of a State to revise a water quality standard
after a use attainability analysis under section 131.10(g) of
title 40, Code of Federal Regulations (or a successor
regulation), subject to the approval of the Administrator under
section 303(c).
``(6) Clarification of state authority.--
``(A) In general.--Nothing in section 301(b)(1)(C)
precludes a State from authorizing in the water quality
standards of the State the issuance of a schedule of compliance
to meet water quality-based effluent limitations in permits
that incorporate provisions of an integrated plan.
``(B) Transition rule.--In any case in which a discharge is
subject to a judicial order or consent decree, as of the date
of enactment of this subsection, resolving an enforcement
action under this Act, any schedule of compliance issued
pursuant to an authorization in a State water quality standard
may not revise a schedule of compliance in that order or decree
to be less stringent, unless the order or decree is modified by
agreement of the parties and the court.''.
(b) Implementation of Integrated Plans Through Enforcement Tools.--
Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319)
is amended by adding at the end the following:
``(h) Implementation of Integrated Plans.--
``(1) In general.--In conjunction with an enforcement action
under subsection (a) or (b) relating to municipal discharges, the
Administrator shall inform a municipality of the opportunity to
develop an integrated plan, as defined in section 402(s).
``(2) Modification.--Any municipality under an administrative
order under subsection (a) or settlement agreement (including a
judicial consent decree) under subsection (b) that has developed an
integrated plan consistent with section 402(s) may request a
modification of the administrative order or settlement agreement
based on that integrated plan.''.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives, and
make publicly available, a report on each integrated plan developed and
implemented through a permit, order, or judicial consent decree
pursuant to the Federal Water Pollution Control Act since the date of
publication of the ``Integrated Municipal Stormwater and Wastewater
Planning Approach Framework'' issued by the Environmental Protection
Agency and dated June 5, 2012, including a description of the control
measures, levels of control, estimated costs, and compliance schedules
for the requirements implemented through such an integrated plan.
SEC. 4. MUNICIPAL OMBUDSMAN.
(a) Establishment.--There is established within the Office of the
Administrator an Office of the Municipal Ombudsman, to be headed by a
Municipal Ombudsman.
(b) General Duties.--The duties of the Municipal Ombudsman shall
include the provision of--
(1) technical assistance to municipalities seeking to comply
with the Federal Water Pollution Control Act; and
(2) information to the Administrator to help the Administrator
ensure that agency policies are implemented by all offices of the
Environmental Protection Agency, including regional offices.
(c) Actions Required.--The Municipal Ombudsman shall work with
appropriate offices at the headquarters and regional offices of the
Environmental Protection Agency to ensure that a municipality seeking
assistance is provided information regarding--
(1) available Federal financial assistance for which the
municipality is eligible;
(2) flexibility available under the Federal Water Pollution
Control Act; and
(3) the opportunity to develop an integrated plan under section
402(s) of the Federal Water Pollution Control Act.
(d) Information Sharing.--The Municipal Ombudsman shall publish on
the website of the Environmental Protection Agency--
(1) general information relating to--
(A) the technical assistance referred to in subsection
(b)(1);
(B) the financial assistance referred to in subsection
(c)(1);
(C) the flexibility referred to in subsection (c)(2); and
(D) any resources developed by the Administrator related to
integrated plans under section 402(s) of the Federal Water
Pollution Control Act; and
(2) a copy of each permit, order, or judicial consent decree
that implements or incorporates such an integrated plan.
SEC. 5. GREEN INFRASTRUCTURE.
(a) Definition.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
``(27) Green infrastructure.--The term `green infrastructure'
means the range of measures that use plant or soil systems,
permeable pavement or other permeable surfaces or substrates,
stormwater harvest and reuse, or landscaping to store, infiltrate,
or evapotranspirate stormwater and reduce flows to sewer systems or
to surface waters.''.
(b) Green Infrastructure Promotion.--Title V of the Federal Water
Pollution Control Act (33 U.S.C. 1361 et seq.) is amended--
(1) by redesignating section 519 as section 520; and
(2) by inserting after section 518 the following:
``SEC. 519. GREEN INFRASTRUCTURE PROMOTION.
``(a) In General.--The Administrator shall promote the use of green
infrastructure in, and coordinate the integration of green
infrastructure into, permitting and enforcement under this Act,
planning efforts, research, technical assistance, and funding guidance
of the Environmental Protection Agency.
``(b) Coordination of Efforts.--The Administrator shall ensure that
the Office of Water coordinates efforts to increase the use of green
infrastructure with--
``(1) other Federal departments and agencies;
``(2) State, tribal, and local governments; and
``(3) the private sector.
``(c) Regional Green Infrastructure Promotion.--The Administrator
shall direct each regional office of the Environmental Protection
Agency, as appropriate based on local factors, and consistent with the
requirements of this Act, to promote and integrate the use of green
infrastructure within the region, including through--
``(1) outreach and training regarding green infrastructure
implementation for State, tribal, and local governments, tribal
communities, and the private sector; and
``(2) the incorporation of green infrastructure into permitting
and other regulatory programs, codes, and ordinance development,
including the requirements under consent decrees and settlement
agreements in enforcement actions.
``(d) Green Infrastructure Information-Sharing.--The Administrator
shall promote green infrastructure information-sharing, including
through an internet website, to share information with, and provide
technical assistance to, State, tribal, and local governments, tribal
communities, the private sector, and the public, regarding green
infrastructure approaches for--
``(1) reducing water pollution;
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Water Infrastructure Improvement Act (Sec. 3) This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan, such as requirements relating to combined sewer overflows, sanitary sewer collection systems, and total maximum daily loads. A plan that is incorporated into a permit may include the implementation of green infrastructure and projects to reclaim, recycle, or reuse water. Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. A municipality under an administrative order or settlement agreement may request a modification of the order or settlement based on the municipality's integrated plan. The EPA must report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such a plan. (Sec. 4) The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. (Sec. 5) The EPA must promote the use of green infrastructure. | Water Infrastructure Improvement Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Commerce Enhancement Act
of 2000''.
TITLE I--ELECTRONIC COMMERCE
SEC. 101. FINDINGS.
The Congress finds the following:
(1) Commercial transactions on the Internet, whether retail
business-to-customer or business-to-business, are commonly
called electronic commerce.
(2) In the United States, business-to-business transactions
between small and medium-sized manufacturers and other such
businesses and their suppliers is rapidly growing, as many of
these businesses begin to use Internet connections for supply-
chain management, after-sales support, and payments.
(3) Small and medium-sized manufacturers and other such
businesses play a critical role in the United States economy.
(4) Electronic commerce can help small and medium-sized
manufacturers and other such businesses develop new products
and markets, interact more quickly and efficiently with
suppliers and customers, and improve productivity by increasing
efficiency and reducing transaction costs and paperwork. Small
and medium-sized manufacturers and other such businesses who
fully exploit the potential of electronic commerce activities
can use it to interact with customers, suppliers, and the
public, and for external support functions such as personnel
services and employee training.
(5) The National Institute of Standards and Technology's
Manufacturing Extension Partnership program has a successful
record of assisting small and medium-sized manufacturers and
other such businesses. In addition, the Manufacturing Extension
Partnership program, working with the Small Business
Administration, successfully assisted United States small
enterprises in remediating their Y2K computer problems.
(6) A critical element of electronic commerce is the
ability of different electronic commerce systems to exchange
information. The continued growth of electronic commerce will
be enhanced by the development of private voluntary
interoperability standards and testbeds to ensure the
compatibility of different systems.
SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE.
(a) Advisory Panel.--The Director of the National Institute of
Standards and Technology (in this title referred to as the
``Director'') shall establish an Advisory Panel to report on the
challenges facing small and medium-sized manufacturers and other such
businesses in integrating and utilizing electronic commerce
technologies and business practices. The Advisory Panel shall be
comprised of representatives of the Technology Administration, the
National Institute of Standards and Technology's Manufacturing
Extension Partnership program established under sections 25 and 26 of
the National Institute of Standards and Technology Act (15 U.S.C. 278k
and 278l), the Small Business Administration, and other relevant
parties as identified by the Director.
(b) Initial Report.--Within 12 months after the date of the
enactment of this Act, the Advisory Panel shall report to the Director
and to the Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
immediate requirements of small and medium-sized manufacturers and
other such businesses to integrate and utilize electronic commerce
technologies and business practices. The report shall--
(1) describe the current utilization of electronic commerce
practices by small and medium-sized manufacturers and other
such businesses, detailing the different levels between
business-to-retail customer and business-to-business
transactions;
(2) describe and assess the utilization and need for
encryption and electronic authentication components and
electronically stored data security in electronic commerce for
small and medium-sized manufacturers and other such businesses;
(3) identify the impact and problems of interoperability to
electronic commerce, and include an economic assessment; and
(4) include a preliminary assessment of the appropriate
role of, and recommendations for, the Manufacturing Extension
Partnership program to assist small and medium-sized
manufacturers and other such businesses to integrate and
utilize electronic commerce technologies and business
practices.
(c) Final Report.--Within 18 months after the date of the enactment
of this Act, the Advisory Panel shall report to the Director and to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a 3-year
assessment of the needs of small and medium-sized manufacturers and
other such businesses to integrate and utilize electronic commerce
technologies and business practices. The report shall include--
(1) a 3-year planning document for the Manufacturing
Extension Partnership program in the field of electronic
commerce; and
(2) recommendations, if necessary, for the National
Institute of Standards and Technology to address
interoperability issues in the field of electronic commerce.
SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM.
The National Institute of Standards and Technology's Manufacturing
Extension Partnership program, in consultation with the Small Business
Administration, shall establish a pilot program to assist small and
medium-sized manufacturers and other such businesses in integrating and
utilizing electronic commerce technologies and business practices. The
goal of the pilot program shall be to provide small and medium-sized
manufacturers and other such businesses with the information they need
to make informed decisions in utilizing electronic commerce-related
goods and services. Such program shall be implemented through a
competitive grants program for existing Regional Centers for the
Transfer of Manufacturing Technology established under section 25 of
the National Institute of Standards and Technology Act (15 U.S.C.
278k). In carrying out this section, the Manufacturing Extension
Partnership program shall consult with the Advisory Panel and utilize
the Advisory Panel's reports.
TITLE II--ENTERPRISE INTEGRATION
SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN.
(a) Assessment.--The Director shall work to identify critical
enterprise integration standards and implementation activities for
major manufacturing industries underway in the United States. For each
major manufacturing industry, the Director shall work with industry
representatives and organizations currently engaged in enterprise
integration activities and other appropriate representatives as
necessary. They shall assess the current state of enterprise
integration within the industry, identify the remaining steps in
achieving enterprise integration, and work toward agreement on the
roles of the National Institute of Standards and Technology and of the
private sector in that process. Within 90 days after the date of the
enactment of this Act, the Director shall report to the Congress on
these matters and on anticipated related National Institute of
Standards and Technology activities for the then current fiscal year.
(b) Plans and Reports.--Within 180 days after the date of the
enactment of this Act, the Director shall submit to the Congress a plan
for enterprise integration for each major manufacturing industry,
including milestones for the National Institute of Standards and
Technology portion of the plan, the dates of likely achievement of
those milestones, and anticipated costs to the Government and industry
by fiscal year. Updates of the plans and a progress report for the past
year shall be submitted annually until for a given industry, in the
opinion of the Director, enterprise integration has been achieved.
SEC. 202. DEFINITIONS.
For purposes of this title--
(1) the term ``Director'' means the Director of the
National Institute of Standards and Technology;
(2) the term ``enterprise integration'' means the
electronic linkage of manufacturers, assemblers, and suppliers
to enable the electronic exchange of product, manufacturing,
and other business data among all businesses in a product
supply chain, and such term includes related application
protocols and other related standards; and
(3) the term ``major manufacturing industry'' includes the
aerospace, automotive, electronics, shipbuilding, construction,
home building, furniture, textile, and apparel industries and
such other industries as the Director designates.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports.
Title II: Enterprise Integration
- Requires the Director to: (1) identify current critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry (requiring annual plan updates). | Electronic Commerce Enhancement Act of 2000 | [
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SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Land Management Agency Housing
Improvement Act of 1994''.
SEC. 2. DEFINITIONS.
As used in this Act, the term--
(1) ``public lands'' means Federal lands administered by
the Secretary of the Interior or the Secretary of Agriculture;
and
(2) ``Secretaries'' means the Secretary of the Interior and
the Secretary of Agriculture.
SEC. 3. EMPLOYEE HOUSING.
(a)(1) To promote the recruitment and retention of qualified
personnel necessary for the effective management of public lands, the
Secretaries are authorized to--
(A) make employee housing available, subject to the
limitations set forth in paragraph (2), on or off public lands,
and
(B) rent or lease such housing to employees of the
respective Department at a reasonable value.
(2)(A) Housing made available on public lands shall be limited to
those areas designated for administrative use.
(B) No private lands or interests therein outside of the boundaries
of federally administered areas may be acquired for the purposes of
this Act except with the consent of the owner thereof.
(b) The Secretaries shall provide such housing in accordance with
this Act and section 5911 of title 5, United States Code, except that
for the purposes of this Act, the term--
(1) ``availability of quarters'' (as used in this Act and
subsection (b) of section 5911) means the existence, within
thirty miles of the employee's duty station, of well-
constructed and maintained housing suitable to the individual
and family needs of the employee, for which the rental rate as
a percentage of the employee's annual gross income does not
exceed the most recent Census Bureau American Housing Survey
median monthly housing cost for renters inclusive of utilities,
as a percentage of current income, whether paid as part of rent
or paid directly to a third party;
(2) ``contract'' (as used in this Act and subsection (b) of
section 5911) includes, but is not limited to, ``Build-to-
Lease'', ``Rental Guarantee'', ``Joint Development'' or other
lease agreements entered into by the Secretary, on or off
public lands, for the purposes of sub-leasing to Departmental
employees; and
(3) ``reasonable value'' (as used in this Act and
subsection (c) of section 5911) means the base rental rate
comparable to private rental rates for comparable housing
facilities and associated amenities: Provided, That the base
rental rate as a percentage of the employee's annual gross
income shall not exceed the most recent American Housing Survey
median monthly housing cost for renters inclusive of utilities,
as a percentage of current income, whether paid as part of rent
or paid directly to a third party.
(c) Subject to appropriation, the Secretaries may enter into
contracts and agreements with public and private entities to provide
employee housing on or off public lands.
(d) The Secretaries may enter into cooperative agreements or joint
ventures with local governmental and private entities, either on or off
public lands, to provide appropriate and necessary utility and other
infrastructure facilities in support of employee housing facilities
provided under this Act.
SEC. 4. SURVEY OF RENTAL QUARTERS.
The Secretaries shall conduct a survey of the availability of
quarters at field units under each Secretary's jurisdiction at least
every five years. If such survey indicates that government owned or
suitable privately owned quarters are not available as defined in
section 3(b)(1) of this Act for the personnel assigned to a specific
duty station, the Secretaries are authorized to provide suitable
quarters in accordance with the provisions of this Act. For the
purposes of this section, the term ``suitable quarters'' means well-
constructed, maintained housing suitable to the individual and family
needs of the employee.
SEC. 5. SECONDARY QUARTERS.
(a) The Secretaries may determine that secondary quarters for
employees who are permanently duty stationed at remote locations and
are regularly required to relocate for temporary periods are necessary
for the effective administration of an area under the jurisdiction of
the respective agency. Such secondary quarters are authorized to be
made available to employees, either on or off public lands, in
accordance with the provisions of this Act.
(b) Rental rates for such secondary facilities shall be established
so that the aggregate rental rate paid by an employee for both primary
and secondary quarters as a percentage of the employee's annual gross
income shall not exceed the Census Bureau American Housing Survey
median monthly housing cost for renters inclusive of utilities as a
percentage of current income, whether paid as part of rent or paid
directly to a third party.
SEC. 6. SURVEY OF EXISTING FACILITIES.
(a) Within two years after the date of enactment of this Act, the
Secretaries shall survey all existing government owned employee housing
facilities under the jurisdiction of the Department of the Interior and
the Department of Agriculture, to assess the physical condition of such
housing and the suitability of such housing for the effective
prosecution of the agency mission. The Secretaries shall develop an
agency-wide priority listing, by structure, identifying those units in
greatest need of repair, rehabilitation, replacement or initial
construction, as appropriate. The survey and priority listing study
shall be transmitted to the Committees on Appropriations and Energy and
Natural Resources of the United States Senate and the Committees on
Appropriations and Natural Resources of the United States House of
Representatives.
(b) Unless otherwise provided by law, expenditure of any funds
appropriated for construction, repair or rehabilitation shall follow,
in sequential order, the priority listing established by each agency.
Funding available from other sources for employee housing repair may be
distributed as determined by the Secretaries.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Passed the Senate June 16 (legislative day, June 7), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Land Management Agency Housing Improvement Act of 1994 - Authorizes the Secretaries of the Interior and of Agriculture to make employee housing available on or off public lands and to rent or lease housing to employees at a reasonable value.
Directs the Secretaries to conduct a survey of the availability of quarters at field units at least every five years. Authorizes the Secretaries to provide suitable quarters under this Act if such survey indicates that government owned or suitable privately owned quarters are not available to the personnel assigned to a specific duty station.
Authorizes the Secretaries to: (1) determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area; and (2) make such secondary quarters available to employees either on or off public lands.
Requires the Secretaries to survey all existing government owned employee housing facilities under the jurisdiction of the Departments of the Interior and of Agriculture to assess physical condition and suitability. Directs the Secretaries to develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement, or initial construction and to transmit such survey and listing to specified congressional committees.
Specifies that: (1) unless otherwise provided by law, expenditure of any funds appropriated for construction, repair, or rehabilitation shall follow the priority listing established by each agency; and (2) funding available from other sources for employee housing repair may be distributed as determined by the Secretaries.
Authorizes appropriations. | Land Management Agency Housing Improvement Act of 1994 | [
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SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Children's Act for
Responsible Employment of 2001'' or ``CARE Act''.
(b) Reference.--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 Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.).
SEC. 2. AGRICULTURAL EMPLOYMENT.
Section 13(c) (29 U.S.C. 213(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The provisions of section 12 relating to child labor shall
not apply to any employee employed in agriculture outside of school
hours in the school district where such employee is living while he or
she is so employed, if such employee is employed by his or her parent,
grandparent, aunt, uncle, first cousin, or legal guardian, on a farm
that is owned or operated by such parent, grandparent, aunt, uncle,
first cousin, or legal guardian.''; and
(2) by striking paragraphs (2) and (4).
SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.
(a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is
amended in the first sentence--
(1) by striking ``$10,000'' and inserting ``$15,000'';
(2) by inserting after ``subject to a civil penalty of''
the following: ``not less than $500 and''.
(b) Penalties for Violations Resulting in Serious Bodily Injury,
Serious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by
adding at the end the following:
``(f) Any employer who violates section 12 shall be liable for such
legal or equitable relief as may be appropriate where such violation
results in serious bodily injury to, serious illness, or the death of a
minor. An action to recover such relief may be brought against any
employer in a Federal or State court of competent jurisdiction, without
regard to the amount in controversy, by any employee subject to the
protections of section 12 or by the employee's legal guardian or the
employee's survivors. The court in such action shall, in addition to
any other judgment awarded to the plaintiff, allow a reasonable
attorney's fee to be paid by the defendant and the costs of the action.
If the employee, the employee's legal guardian, or the employee's
survivors collect a judgment under this subsection and also seek
recovery for the same violation through State worker's compensation
laws, the provisions of this subsection shall not be construed to
prohibit a State from electing to offset recovery obtained under this
subsection against recovery provided through such State worker's
compensation laws. A court, in a case described in the preceding
sentence, may consider the amount recovered under any State worker's
compensation laws in awarding relief under this subsection.''.
(c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is
amended by adding at the end the following: ``Any person who violates
the provisions of section 15(a)(4), concerning oppressive child labor,
shall on conviction be subject to a fine of not more than $15,000
(notwithstanding any provision of section 3571 of title 18, United
States Code, to the contrary), or to imprisonment for not more than 5
years, or both, in the case of a willful or repeat violation that
results in or contributes to a fatality of a minor employee or a
permanent disability of a minor employee, or a violation which is
concurrent with a criminal violation of any other provision of this Act
or of any other Federal or State law.''.
(d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to preempt any State law that provides
protections or remedies for employees that are greater than the
protections or remedies provided under such amendments.
SEC. 4. REPORTING AND RECORD-KEEPING.
Section 12 (29 U.S.C. 212) is amended by adding at the end the
following:
``(e)(1) The Secretary and the Director of the Bureau of the Census
of the United States shall biannually compile data from respective
State employment security agencies and from other sources in all the
States concerning--
``(A) the types of industries and occupations in which
children under the age of 18 are employed; and
``(B) cases in which it was determined that children were
employed in violation of this section.
``(2) Each employer who employs an individual in a State under the
age of 18 shall report to the State employment security agency in the
State on any injury to such individual that results in lost employment
time or any illness such individual incurred while at work. Such report
shall include the age of the individual, the nature of the job in which
the individual is employed (including large-scale, commercial
agriculture), the circumstances surrounding the injury or illness to
such individual, and the report of the physician and health care
facility which dealt with such injury or illness.
``(3) Beginning on January 1, 2003, the Secretary, in conjunction
with the Secretary of Health and Human Services, shall issue a biannual
report on the status of child labor in the United States and its
attendant safety and health hazards.''.
SEC. 5. COORDINATION.
Section 4 (29 U.S.C. 204) is amended by adding at the end the
following:
``(g) The Secretary shall encourage and establish closer working
relationships with non-governmental organizations and with State and
local government agencies having responsibility for administering and
enforcing labor and safety and health laws. Upon the request of the
Secretary, and to the extent permissible under applicable law, State
and local government agencies with information regarding injuries and
deaths of employees shall submit such information to the Secretary for
use as appropriate in the enforcement of section 12 and in the
promulgation and interpretation of the regulations and orders
authorized by section 3(l). The Secretary may reimburse such State and
local government agencies for such services.''.
SEC. 6. REGULATIONS.
Not later than ____ days after the date of enactment of this Act,
the Secretary of Labor shall promulgate regulations to carry out this
Act and the amendments made by this Act. Such regulations shall take
effect not later than ____ days after the date of such promulgation.
SEC. 7. AUTHORIZATION.
There is authorized to be appropriated to the Secretary of Labor
such sums as may be necessary for to carry out this Act and the
amendments made by this Act.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date on
which the regulations promulgated under section 6 take effect. | Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths. | A bill to amend the Fair Labor Standards Act of 1938 to reform the provisions relating to child labor. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bereaved Consumer's Bill of Rights
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there have been shocking consumer abuses in the funeral
industry, including scandals at Burr Oak Cemetery in Alsip,
Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and
the Tri State Crematory in Noble, Georgia;
(2) funeral arrangements are a major expense for most
American households and families;
(3) some consumers seek to ease the burdens on their
families by arranging and paying for pre-need funeral and
cemetery arrangements;
(4) most funerals are planned by grieving family members at
a time when they are especially vulnerable and unlikely to
focus on cost comparison;
(5) the Federal Trade Commission's Funeral Industry
Practices Trade Regulation Rule (known as the Funeral Rule)
dictates consumer protections in the funeral home, but does not
cover the practices of cemeteries, crematoria, or sellers of
monuments, urns, or caskets;
(6) State laws are inconsistent and frequently too weak to
provide adequate consumer protections, creating a need for
minimum federal standards in this area;
(7) consumers have the right to receive clear and accurate
information about all funeral goods and services offered for
sale;
(8) consumers need effective protection from fraud and
abusive practices by all providers of funeral goods and
services and at all stages of the funeral planning process; and
(9) a new Federal law that provides adequate protections to
grieving families is warranted.
SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR
PRACTICES IN THE PROVISION OF FUNERAL GOODS OR SERVICES.
(a) In General.--The Federal Trade Commission shall prescribe rules
prohibiting unfair or deceptive acts or practices in the provision of
funeral goods or services. Such rules shall include the following:
(1) A requirement that providers of funeral goods or
funeral services furnish accurate price information disclosing
clearly and conspicuously the cost to the purchaser for each of
the specific funeral goods or funeral services provided or
offered for sale.
(2) A prohibition on misrepresentations by such providers,
including misrepresentations of the requirements of Federal,
State, or local law.
(3) A prohibition on conditioning the provision of any
funeral good or funeral service upon the purchase of any other
funeral good or funeral service from that provider, except as
required by law.
(4) A requirement that any presale disclosures and
contracts for funeral services or funeral goods be written
clearly, stating the merchandise and services that purchasers
are buying and their prices.
(5) In the case of contracts for funeral services or
funeral goods that are pre-paid in whole or in part, a
requirement for clear and conspicuous presale and contractual
disclosure regarding any penalties incurred if the consumer
decides to cancel or transfer the contract to another provider
of funeral services or funeral goods.
(6) A requirement that contracts for funeral services or
funeral goods disclose clearly and conspicuously all fees and
costs to be incurred in the future or at the time that the
funeral services or funeral goods are provided.
(7) A requirement that cemeteries provide to consumers, in
a timely manner, all written rules and regulations of the
cemetery, and a clear explanation in writing of the interment,
inurnment, or entombment right that has been purchased, and any
material terms and conditions of that purchase, including any
repurchase option by the cemetery or resale rights available to
the consumer.
(8) A requirement that cemeteries--
(A) retain all records in existence on the date of
enactment of this Act, including maps or other systems
indicating the location and date of each interment,
inurnment, or entombment;
(B) accurately record and retain records of all
interments, inurnments, or entombments occurring, as
well as any internment, inurnment, or entombment rights
sold, after the effective date of the regulations
issued under this subsection, in such manner and form
as the Commission may prescribe in such regulations;
and
(C) make such records available to Federal, State,
and local governments, as appropriate.
(b) Rulemaking.--The Commission shall prescribe the rules under
subsection (a) within 1 year after the date of enactment of this Act.
Such rules, and any future rules or revision of rules prescribed by the
Commission prohibiting unfair or deceptive acts or practices in the
provision of funeral goods or services, shall be prescribed in
accordance with section 553 of title 5, United States Code.
(c) Application of Rules to Tax Exempt Organizations and States.--
Notwithstanding the definition of corporation in section 4 of the
Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under
subsection (a), and any future rules or revision of rules prescribed by
the Commission prohibiting unfair or deceptive acts or practices in the
provision of funeral goods or funeral services, shall also apply to
cemeteries organized or operated by--
(1) organizations described in section 501(c) of the
Internal Revenue Code of 1986 that are exempt from taxation
under section 501(a) of such Code, except for cemeteries
organized, operated, managed, and owned by a religious
denomination, middle judicatory, house of worship, or similar
religious organization, and that are not organized, operated,
managed, or owned by contract or affiliation with a for-profit
provider of funeral goods or services that offers those goods
and services for sale to the public; and
(2) States or any political subdivision of a State.
(d) Enforcement.--Any violation of any rule prescribed under this
section shall be treated as a violation of a regulation prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
The Federal Trade Commission shall enforce this Act in the same manner,
by the same means, and with the same jurisdiction as though all
applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act. Any person who
violates the regulations prescribed under this Act shall be subject to
the penalties and entitled to the privileges and immunities provided in
that Act.
SEC. 4. ENFORCEMENT BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in an act or practice which violates
any rule of the Commission issued under section 3 of this Act or the
Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et
seq.), the State, as parens patriae, may bring a civil action on behalf
of its residents in an appropriate district court of the United States
to enjoin such violative act or practice, to enforce compliance with
such rule of the Commission, to obtain damages, restitution, or other
compensation on behalf of residents of such State, or to obtain such
further and other relief as the court may determine appropriate.
(b) Notice.--The State shall provide prior written notice of any
civil action under subsection (a) or (f)(2) to the Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such action.
Upon receiving a notice respecting a civil action, the Commission shall
have the right--
(1) to intervene in such action;
(2) upon so intervening, to be heard on all matters arising
therein;
(3) to remove the action to the appropriate United States
district court; and
(4) to file petitions for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall prevent an attorney general
from exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
(d) Actions by Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of any rule
prescribed under section 3 of this Act, no State may, during the
pendency of such action instituted by or on behalf of the Commission,
institute a civil action under subsection (a) or (f)(2) of this section
against any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
(e) Venue; Service of Process.--Any civil action brought under
subsection (a) of this section in a district court of the United States
may be brought in the district in which the defendant is found, is an
inhabitant, or transacts business or wherever venue is proper under
section 1391 of title 28, United States Code. Process in such an action
may be served in any district in which the defendant is an inhabitant
or in which the defendant may be found.
(f) Actions by Other State Officials.--
(1) Construction.--Nothing contained in this section shall
prohibit an authorized State official from proceeding in State
court on the basis of an alleged violation of any civil or
criminal statute of such State.
(2) Other state actions.--In addition to actions brought by
an attorney general of a State under subsection (a) of this
section, such an action may be brought by officers of such
State who are authorized by the State to bring actions in such
State on behalf of its residents.
SEC. 5. EFFECT ON OTHER LAW.
Nothing in this Act or the rules prescribed under this Act shall be
construed to preempt any provision of any law of a State or political
subdivision of that State that provides protections to consumers of
funeral services or funeral goods, except to the extent that the
provision of law is inconsistent with any provision of this Act or a
rule prescribed under this Act, and then only to the extent of the
inconsistency.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``cemetery'' means any organization,
association or other business that offers for sale the
interment, inurnment, or entombment of human remains, but does
not include any cemetery that--
(A) performs fewer than 25 interments, inurnments,
and entombments during any calendar year; or
(B) sells fewer than 25 interment, inurnment, or
entombment rights during any calendar year;
(2) the term ``funeral goods'' are the goods which are sold
or offered for sale directly to the public for use in
connection with funeral services; and
(3) the term ``funeral services'' means--
(A) any services which are sold or offered for sale
to the public in order to--
(i) care for and prepare deceased human
bodies for burial, cremation, or other final
disposition; or
(ii) arrange, supervise, or conduct the
funeral ceremony or the final disposition of
deceased human bodies; or
(B) services provided by funeral directors,
morticians, cemeterians, cremationists, and retailers
of caskets, urns, monuments, and markers. | Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously; (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider; (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments. Applies such rules to states or political subdivisions and tax-exempt organizations. Excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. Gives standing to states to bring a civil action for violations of this Act. | To direct the Federal Trade Commission to establish rules to prohibit unfair or deceptive acts or practices related to the provision of funeral services. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Population Fund
(UNFPA) Funding Act of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The renewed commitment of the world community to the
formulation of government policies that contribute to global
population stabilization and to improvements in the status of
women owes much to the efforts of the United Nations and its
specialized agencies and organizations, particularly the United
Nations Population Fund (UNFPA).
(2) Over one-half of the UNFPA's assistance is devoted to
maternal and child health programs, including the provision of
family planning services, and it is a major supplier of modern
methods of contraception. UNFPA also supports efforts aimed at
preventing the spread of HIV/AIDS and other sexually-
transmitted diseases and activities aimed specifically at
enhancing the status of women.
(3) UNFPA does not fund abortion services, rather, UNFPA
seeks to reduce the incidence of abortion by improving access
to contraceptive services and to reduce deaths and injuries
related to unsafe abortion by supporting treatment of women
suffering from its complications.
(4) Operating in over 160 nations in all regions of the
world and as a politically neutral source of funds, UNFPA
complements the important work of the United States Agency for
International Development population assistance program.
(5) As a result of the withdrawal of the United States
contribution to UNFPA as of 1999, it is estimated that 870,000
women in the developing world will be deprived of effective
modern contraception, leading to 500,000 unintended
pregnancies, 234,000 births, 200,000 abortions, and thousands
of maternal and child deaths.
(6) Many global environmental problems, including water
shortages, pollution, tropical deforestation, and the loss of
wildlife habitat are linked to rapid population growth. UNFPA
has assisted countries around the world plan for and slow
population growth, therefore reducing its effects on the
environment.
(7) Assistance provided by UNFPA conforms to the principle,
affirmed at the 1994 International Conference on Population and
Development by 180 nations, including the United States, that
``all couples and individuals have the basic right to decide
freely and responsibly the number and spacing of their children
and to have the information, education, and means to do so.''.
(8) UNFPA opposes coercion in any form. All of UNFPA's
programs are designed in conformity with universally recognized
human rights principles.
(9) An appropriate way to express the legitimate concerns
of the United States Government about the population policies
of the People's Republic of China is by placing those concerns
on the bilateral agenda along with other important human rights
issues, not by singling out a United Nations agency by
withholding all funding thereby punishing the women and
families around the world who depend on its humanitarian aid.
(10) UNFPA can and should play a constructive role in
helping to reduce the incidence of coercive practices in China
through its new country program that aims to expand voluntarism
and contraceptive method choice, to strengthen a broader range
of reproductive health services, and to enhance the status of
women.
SEC. 3. RESTORATION OF THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE
UNITED NATIONS POPULATION FUND.
In addition to amounts otherwise available to carry out the
purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961,
there are authorized to be appropriated $25,000,000 for fiscal year
2000 and $35,000,000 for fiscal year 2001 to be available only for
United States voluntary contributions to the United Nations Population
Fund.
SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE
UNITED NATIONS POPULATION FUND.
(a) Limitation.--Notwithstanding any other provision of law, of the
funds appropriated for voluntary contributions to the United Nations
Population Fund for each of the fiscal years 2000 and 2001, an amount
equal to the amount allocated by the United Nations Population Fund for
the country program in the People's Republic of China during each
fiscal year shall be withheld from obligation and expenditure unless
during such fiscal year, the President submits to the appropriate
congressional committees the certification described in subsection (b).
(b) Certification.--The President shall certify that the country
program of the United Nations Population Fund in the People's Republic
of China--
(1) focuses on improving the delivery of voluntary family
planning information and services;
(2) is designed in conformity with the human rights
principles affirmed at the International Conference on
Population and Development with the support of 180 nations
including the United States;
(3) is implemented only in counties of the People's
Republic of China where all quotas and targets for the
recruitment of program participants have been abolished and the
use of coercive measures has been eliminated;
(4) is carried out in consultation with and under the
oversight and approval of the UNFPA executive board, including
the United States representative;
(5) is subject to regular, independent monitoring to ensure
compliance with the principles of informed consent and
voluntary participation; and
(6) suspends operations in project counties found to be in
violation of program guidelines. | United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for U.S. voluntary contributions to the United Nations Population Fund. Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services; (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines. | United Nations Population Fund (UNFPA) Funding Act of 1999 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Enhanced Rescission/Receipts Act
of 1993''.
SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY.
(a) In General.--Notwithstanding the provisions of part B of title
X of The Congressional Budget and Impoundment Control Act of 1974, and
subject to the provisions of this section, the President may rescind
all or part of any discretionary budget authority or veto any targeted
tax benefit within any revenue bill which is subject to the terms of
this Act if the President--
(1) determines that--
(A) such rescission or veto would help reduce the
Federal budget deficit;
(B) such rescission or veto will not impair any
essential Government functions; and
(C) such rescission or veto will not harm the
national interest; and
(2) notifies the Congress of such rescission or veto by a
special message not later than twenty calendar days (not
including Saturdays, Sundays, or holidays) after the date of
enactment of a regular or supplemental appropriation act or a
joint resolution making continuing appropriations providing
such budget authority or a revenue bill containing a targeted
tax benefit.
The President shall submit a separate rescission message for each
appropriation bill and for each revenue bill under this paragraph.
SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
(a)(1) Any amount of budget authority rescinded under this Act as
set forth in a special message by the President shall be deemed
canceled unless, during the period described in subsection (b), a
rescission/receipts disapproval bill making available all of the amount
rescinded is enacted into law.
(2) Any provision of law vetoed under this Act as set forth in a
special message by the President shall be deemed repealed unless,
during the period described in subsection (b), a rescission/receipts
disapproval bill restoring that provision is enacted into law.
(b) The period referred to in subsection (a) is--
(1) a congressional review period of twenty calendar days
of session during which Congress must complete action on the
rescission/receipts disapproval bill and present such bill to
the President for approval or disapproval;
(2) after the period provided in paragraph (1), an
additional ten days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission/receipts disapproval bill; and
(3) if the President vetoes the rescission/receipts
disapproval bill during the period provided in paragraph (2),
an additional five calendar days of session after the date of
the veto.
(c) If a special message is transmitted by the President under this
Act and the last session of the Congress adjourns sine die before the
expiration of the period described in subsection (b), the rescission or
veto, as the case may be, shall not take effect. The message shall be
deemed to have been retransmitted on the first day of the succeeding
Congress and the review period referred to in subsection (b) (with
respect to such message) shall run beginning after such first day.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ``rescission/receipts disapproval bill'' means
a bill or joint resolution which--
(A) only disapproves a rescission of budget
authority, in whole, rescinded, or
(B) only disapproves a veto of any provision of law
that would decrease receipts,
in a special message transmitted by the President under this
Act.
(2) The term ``calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of providing a benefit in the
form of a differential treatment to a particular taxpayer or a
limited class of taxpayers, whether or not such provision is
limited by its terms to a particular taxpayer or a class of
taxpayers. Such term does not include any benefit provided to a
class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents, or
marital status.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO
RESCISSIONS.
(a) Presidential Special Message.--Whenever the President rescinds
any budget authority as provided in this Act or vetoes any provision of
law as provided in this Act, the President shall transmit to both
Houses of Congress a special message specifying--
(1) the amount of budget authority rescinded or the
provision vetoed;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
(3) the reasons and justifications for the determination to
rescind budget authority or veto any provision pursuant to this
Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission or
veto; and
(5) all factions, circumstances, and considerations
relating to or bearing upon the rescission or veto and the
decision to effect the rescission or veto, and to the maximum
extent practicable, the estimated effect of the rescission upon
the objects, purposes, and programs for which the budget
authority is provided.
(b) Transmission of Messages to House and Senate.--
(1) Each special message transmitted under this Act shall
be transmitted to the House of Representatives and the Senate
on the same day, and shall be delivered to the Clerk of the
House of Representatives if the House is not in session, and to
the Secretary of the Senate if the Senate is not in session.
Each special message so transmitted shall be referred to the
appropriate committees of the House of Representatives and the
Senate. Each such message shall be printed as a document of
each House.
(2) Any special message transmitted under this Act shall be
printed in the first issue of the Federal Register published
after such transmittal.
(c) Referral of Rescission/Receipts Disapproval Bills.--Any
rescission/receipts disapproval bill introduced with respect to a
special message shall be referred to the appropriate committees of the
House of Representatives or the Senate, as the case may be.
(d) Consideration in the Senate.--
(1) Any rescission/receipts disapproval bill received in
the Senate from the House shall be considered in the Senate
pursuant to the provisions of this Act.
(2) Debate in the Senate on any rescission/receipts
disapproval bill and debatable motions and appeals in
connection therewith, shall be limited to not more than ten
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 motions or appeal
in connection with such bill shall be limited to one 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 the
time under their control on the passage of the bill, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
(4) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days
not to exceed one, not counting any day on which the Senate is
not in session) is not in order.
(e) Points of Order.--
(1) It shall not be in order in the Senate or the House of
Representatives to consider any rescission/receipts disapproval
bill that relates to any matter other than the rescission of
budget authority or veto of the provision of law transmitted by
the President under this Act.
(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission/
receipts disapproval bill.
(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn. | Enhanced Rescission/Receipts Act of 1993 - Grants the President legislative line item veto rescission authority over appropriation bills and targeted tax benefits in revenue bills. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations or revenue legislation.
Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission/receipts disapproval bill.
Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission/receipts disapproval legislation in the Senate and the House of Representatives. | Enhanced Rescission/Receipts Act of 1993 | [
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SECTION 1. TEACHER RECRUITMENT.
(a) Future Math and Science Teacher Recruitment.--Title V of the
Higher Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by
adding at the end the following new part:
``PART G--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT
``SEC. 599A. SHORT TITLE; FINDINGS.
``(a) Short Title.--This part may be cited as the `Recruit and
Reward Future Math and Science Teachers of America Act of 1998'.
``(b) Findings.--Congress finds the following:
``(1) United States high school students rank 12th and
19th, respectively, in science and math out of 25 countries.
``(2) Of United States high school students who take
physical science and math courses, 48 percent and 49 percent,
respectively, are taught by teachers who did not prepare in
that field.
``(3) Teachers' knowledge and skills powerfully influence
student learning.
``(4) More than 2,000,000 teachers will need to be hired
over the next decade.
``(5) The ability of the United States to place highly
qualified math and science teachers specializing in their field
of instruction will depend on proactive policies that increase
funding for teacher training, recruitment, and induction.
``SEC. 599B. PURPOSE; APPROPRIATIONS AUTHORIZED.
``(a) Purpose.--It is the purpose of this part to make available,
through a pilot program, 500 scholarship grants and stipends to
outstanding students enrolled in a nationally accredited teacher
training graduate program who are committed to pursuing careers
teaching math and science at an urban or rural secondary level
classroom.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $5,000,000 in each of the fiscal
years 1999, 2000, and 2001.
``SEC. 599C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA.
``(a) Scholarship Designation.--Funds made available under this
part shall be designated as the `National Math and Science Teacher
Scholarships'.
``(b) Selection Criteria.--The Secretary of Education may award
funds for National Math and Science Teacher Scholarships on a
competitive basis to qualifying higher education institutions with
graduate programs in teacher training. The Secretary may not provide
any individual higher education institution more than $100,000 per
academic year for the purpose of the National Math and Science Teacher
Scholarships. An institution applying for such Scholarships may only be
eligible to receive funds if such institution--
``(1) meets nationally accredited teacher training graduate
program standards; or
``(2) demonstrates to the Secretary that at least 90
percent of the graduates of such a graduate teacher training
program take, and on their first attempt pass, the State
teacher qualification assessments for new teachers.
``SEC. 599D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.
``An individual may be eligible for a National Math and Science
Teacher Scholarship only if such individual--
``(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
``(2) is majoring in a physical or life science or
mathematics graduate teacher training program;
``(3) is enrolled in a higher education institution that--
``(A) meets nationally accredited teacher training
graduate program standards; or
``(B) demonstrates to the Secretary that at least
90 percent of the graduates of such a graduate teacher
training program who enter the field of teaching take,
and on their first attempt pass, the State teacher
qualification assessments for new teachers; and
``(4) is willing to be teacher certified or licensed and
commit themselves to teaching math or science in a rural or
urban public secondary school for no less than 3 full academic
years.
``SEC. 599E. SCHOLARSHIP AMOUNT.
``(a) Amount of Award.--The amount of scholarship awarded by
participating teacher training graduate programs under this part for
any academic year shall be $10,000 per student.
``(b) Assistance Not To Exceed Cost of Attendance.--No individual
shall receive an award under this part in any academic year which
exceeds the cost of attendance. A scholarship awarded under this part
shall not be reduced on the basis of the student's receipt of other
forms of Federal student financial assistance, but shall be taken into
account in determining the eligibility of the student for those forms
of Federal student financial assistance.
``SEC. 599F. AGREEMENT; GRANT AND STIPEND REPAYMENT PROVISIONS.
``(a) Agreement.--Recipients of the National Math and Science
Teachers Scholarships shall agree to teach in an urban or rural public
secondary school for no less than 3 full academic years.
``(b) Repayment for Failure To Fulfill Agreement.--Any recipients
of a Scholarship found by the Secretary to be in noncompliance with the
agreement entered into under subsection (a) of this section shall be
required to repay a pro rata amount of the scholarship awards received,
plus interest and, where applicable, reasonable collection fees, on a
schedule and at a rate of interest prescribed by the Secretary by
regulations.
``SEC. 599G. EXCEPTIONS TO REPAYMENT PROVISIONS.
``An individual recipient of a Scholarship under this part shall
not be considered in violation of the agreement entered into pursuant
to section 599F during any period in which the recipient--
``(1) is pursuing a full-time course of study in math and
science at an accredited institution;
``(2) is serving, not in excess of 3 years, as a member of
the armed services of the United States;
``(3) is totally disabled for a period of time not to
exceed 3 years as established by sworn affidavit of a qualified
physician;
``(4) is seeking and unable to find full-time employment
for a single period not to exceed 12 months;
``(5) is seeking and unable to find full-time employment as
a math and science teacher in a public or private nonprofit
elementary or secondary school or education program for a
single period not to exceed 27 months; or
``(6) satisfies the provision of additional repayment
exceptions that may be prescribed by the Secretary in
regulations issued pursuant to this section.
``SEC. 599H. REPORT TO CONGRESS.
``On or before January 29, 2002, the Secretary of Education shall
submit a report to Congress evaluating the success of the National Math
and Science Teacher Scholarships pilot program in recruiting math and
science teachers to teach in America's public secondary schools.''. | Recruit and Reward Future Math and Science Teachers of America Act of 1998 - Amends the Higher Education Act of 1965 to establish a pilot program for recruitment and training of future secondary school mathematics and science teachers.
Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching.
Authorized appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Requires such institutions to: (1) meet nationally accredited teacher training graduate program standards; or (2) demonstrate to the Secretary that at least 90 percent of the graduates of the graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers.
Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements. | Recruit and Reward Future Math and Science Teachers of America Act of 1998 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Producers Value-Added
Investment Tax Credit Act of 2004''.
SEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL
PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of a
taxpayer who is--
``(1) an eligible person, or
``(2) a farmer-owned entity,
the value-added agricultural property investment credit determined
under this section for any taxable year is 50 percent of the basis of
any qualified value-added agricultural property placed in service
during the taxable year. In the case of a farmer-owned entity, such
credit shall be allocated on a pro rata basis among eligible persons
holding qualified interests in such entity as of the last day of such
taxable year.
``(b) Maximum Credit.--For purposes of subsection (a)--
``(1) Property placed in service by eligible person.--In
the case of property placed in service during a taxable year by
an eligible person, the credit determined under this section
for such year shall not exceed $30,000, reduced by the amount
of the creditable investments allowed for the taxable year
under paragraph (2).
``(2) Property placed in service by farmer-owned entity.--
``(A) In general.--In the case of property placed
in service by a farmer-owned entity, the credit
determined under this section shall not exceed the sum
of the eligible person's creditable investments in such
entity as of the date such property is placed in
service.
``(B) Creditable investments.--For purposes of
subparagraph (A), the term `creditable investments'
means, with respect to any property placed in service
by a farmer-owned entity, the aggregate qualified
investments made by the eligible person in such entity,
reduced (but not below zero) by the sum of--
``(i) the amount of the aggregate qualified
investments made by such person in such entity
which were taken into account under this
section with respect to property previously
placed in service by such entity, and
``(ii) the amount of the aggregate
qualified investments made by such person in
all other farmer-owned entities which were
taken into account under this section with
respect to property previously placed in
service by such other entities.
``(C) Limitation.--For purposes of this paragraph,
the aggregate qualified investments made by the
eligible person which may be taken into account for any
taxable year shall not exceed $30,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified value-added agricultural property.--The
term `qualified value-added agricultural property' means
property--
``(A) which is used to add value to a good or
product, suitable for food or nonfood use, derived in
whole or in part from organic matter which is available
on a renewable basis, including agricultural crops and
agricultural wastes and residues, wood wastes and
residues, and domesticated animal wastes,
``(B)(i) to which section 168 applies without
regard to any useful life, or
``(ii) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable and
having a useful life (determined as of the time such
property is placed in service) of 3 years or more, and
``(C) which is owned and operated by an eligible
person or a farmer-owned entity.
``(2) Eligible person.--
``(A) In general.--The term `eligible person' means
a person who materially participates during the taxable
year in an eligible farming business.
``(B) Material participation.--For purposes of
subparagraph (A), the determination of whether a person
materially participates in the trade or business of
farming shall be made in a manner similar to the manner
in which such determination is made under section
2032A(e)(6). In the case that the person is a
corporation, cooperative, partnership, estate, or
trust, such determination shall be made at the
shareholder, partner, or beneficial interests level (as
the case may be).
``(C) Eligible farming business.--For purposes of
subparagraph (A), the term `eligible farming business'
means a farming business (as defined in section
263A(e)(4)) which is not a passive activity (within the
meaning of section 469(c)).
``(3) Farmer-owned entity.--
``(A) In general.--The term `farmer-owned entity'
means--
``(i) a corporation (including an S
corporation) in which eligible persons own 50
percent or more of the total voting power of
the stock and 50 percent or more (in value) of
the stock,
``(ii) a partnership in which eligible
persons own 50 percent or more of the total
voting power of the profits interest and 50
percent or more (in value) of the profits
interest, and
``(iii) a cooperative in which eligible
persons own 50 percent or more of the total
voting power of the member patronage interests
and 50 percent or more (in value) of the member
patronage interests.
``(B) Constructive ownership rules.--For purposes
of subparagraph (A), rules similar to the rules of
section 263A(e)(2)(B) shall apply; except that, in
applying such rules, the members of an individual's
family shall be the individuals described in
subparagraph (C).
``(C) Members of family.--The family of any
individual shall include only his spouse and children,
grandchildren, and great grandchildren (whether by the
whole or half blood), and the spouses of his children,
grandchildren, and great grandchildren, who reside in
the same household or jointly operate farming
businesses (as defined in section 263A(e)(4)). For
purposes of the preceding sentence, a child who is
legally adopted, or who is placed with the taxpayer by
an authorized placement agency for adoption by the
taxpayer, shall be treated as a child by blood.
``(4) Qualified investments.--
``(A) In general.--The term `qualified investments'
means a payment of cash for the purchase of a qualified
equity interest in a farmer-owned entity.
``(B) Qualified equity interest.--The term
`qualified equity interest' means--
``(i) any stock in a domestic corporation
if such stock is acquired by the taxpayer after
December 31, 2004, and before January 1, 2011,
at its original issue (directly or through an
underwriter) from the corporation solely in
exchange for cash,
``(ii) any capital or profits interest in a
domestic partnership if such interest is
acquired by the taxpayer after December 31,
2004, and before January 1, 2011, and
``(iii) any patronage interest in a
cooperative if such interest is acquired by the
taxpayer after December 31, 2004, and before
January 1, 2011.
Rules similar to the rules of section 1202(c)(3) shall
apply for purposes of this paragraph.
``(d) Special Rules.--For purposes of this section--
``(1) Treatment of married individuals.--In the case of a
separate return by a married individual (as defined in section
7703), subsection (b)(3)(A) shall be applied by substituting
`$15,000' for `$30,000'.
``(2) Applicable rules.--Under regulations prescribed by
the Secretary--
``(A) Allocation of credit in the case of estates
and trusts.--Rules similar to the rules of subsection
(d) of section 52 shall apply.
``(B) Certain property not eligible.--Rules similar
to the rules of section 50(b) shall apply.
``(3) Basis adjustment.--For purposes of this subtitle, if
a credit is allowed under this section to any eligible person
with respect to qualified value-added agricultural property,
the basis of such property shall be reduced by the amount of
the credit so allowed and increased by the amount of recapture
under subsection (e).
``(e) Recapture in the Case of Certain Dispositions.--
``(1) In general.--Under regulations prescribed by the
Secretary, rules similar to the rules of section 50(a) shall
apply with respect to an eligible person if, within the 5-year
period beginning on the date qualified value-added agricultural
property with respect to which such person was allowed a credit
under subsection (a) is originally placed in service--
``(A) such property ceases to be qualified for
purposes of this section,
``(B) the eligible person or the farmer-owned
entity (as the case may be) disposes of all or part of
such property, or
``(C) the eligible person or the farmer-owned
entity (as the case may be) ceases to be an eligible
person or farmer-owned entity for purposes of this
section.
``(2) Special rules in event of death.--
``(A) In general.--The period in paragraph (1)
shall be suspended with respect to an eligible person
for the 2-year period beginning on the date of death of
such person.
``(B) Heirs who are eligible persons.--In the case
that an heir of an eligible person is also an eligible
person, neither paragraph (1) nor subparagraph (A) of
this paragraph (unless elected by such heir) shall
apply with respect to the transfer of property to such
heir.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.
``(g) Termination.--This section shall not apply to property placed
in service after December 31, 2010.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ``plus'' at the end of paragraph (14), by striking the
period at the end of paragraph (15) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(16) in the case of an eligible person (as defined in
section 45G(c)), the value-added agricultural property
investment credit determined under section 45G(a).''.
(c) Credit Allowable Against Minimum Tax.--
(1) In general.--Paragraph (3) of section 38 of such Code
is amended--
(A) by inserting ``and value-added agricultural
property credit'' after ``employee credit'' in the
heading,
(B) by inserting ``and the value-added agricultural
property credit'' after ``employee credit'' each place
it appears in subparagraph (A), and
(C) by adding at the end the following new
subparagraph:
``(C) Value-added agricultural property credit.--
For purposes of this subsection, the term `value-added
agricultural property credit' means the credit
determined under section 45G.''
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
value-added agricultural property credit'' after ``employment
credit''.
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end thereof the following new
paragraph:
``(10) No carryback of value-added agricultural property
investment credit before effective date.--No portion of the
unused business credit for any taxable year which is
attributable to the credit determined under section 45G may be
carried back to any taxable year ending before the date of the
enactment of section 45G.''.
(e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (9), by striking the period at the end of paragraph (10)
and inserting ``, and'', and by adding after paragraph (10) the
following new paragraph:
``(11) the value-added agricultural property investment
credit determined under section 45G.''.
(f) Basis Adjustment.--Subsection (a) of section 1016 of such Code
is amended by striking ``and'' at the end of paragraph (27), by
striking the period at the end of paragraph (28) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(29) to the extent provided in section 45G(d)(3), in the
case of payments with respect to which a credit has been
allowed under section 38.''.
(g) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end thereof the following new section:
``Sec. 45G. Value-added agricultural
property investment credit.''.
(h) Effective Date.--The amendments made by this section shall
apply to qualified investments (as defined in section 45G(c)(5) of the
Internal Revenue Code of 1986 (as added by this section) made, and
property placed in service, after December 31, 2004. | Agricultural Producers Value-Added Investment Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow individuals who materially participate in a farming business and certain farmer-owned entities a business tax credit up to $30,000 for investment in qualified value-added agricultural property. Defines "qualified value-added agricultural property" as depreciable property which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes. Terminates the credit after 2010. | A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for farmers' investments in value-added agriculture. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fab Lab Network Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Scientific discoveries and technical innovations are
critical to the economic and national security of the United
States.
(2) Maintaining the leadership of the United States in
science, technology, engineering, and mathematics will require
a diverse population with the skills, interest, and access to
tools required to advance these fields.
(3) Just as earlier digital revolutions in communications
and computation provided individuals with the Internet and
personal computers, a digital revolution in fabrication will
allow anyone to make almost anything, anywhere.
(4) Fab labs like the Center for Bits and Atoms at the
Massachusetts Institute of Technology provide a model for a new
kind of national laboratory that links local facilities for
advanced manufacturing to expand access and empower
communities.
(5) A coordinated national public-private partnership will
be the most effective way to accelerate the provision of this
infrastructure for learning skills, developing inventions,
creating businesses, and producing personalized products.
SEC. 3. ESTABLISHMENT OF NATIONAL FAB LAB NETWORK.
(a) Definitions.--In this section--
(1) the term ``fab lab'' means a facility--
(A) equipped with an integrated suite of
fabrication tools to convert digital designs into
functional physical things and scanning tools to
convert physical things into digital designs; and
(B) available for a range of individual and
collaborative educational, commercial, creative, and
social purposes, based on guidelines established by the
NFLN relating to sustainable operation; and
(2) the term ``NFLN'' means the National Fab Lab Network.
(b) Federal Charter.--The National Fab Lab Network is a federally
charted nonprofit corporation, which shall facilitate the creation of a
national network of local fab labs and serve as a resource to assist
stakeholders with the effective operation of fab labs.
(c) Membership and Organization.--
(1) In general.--Eligibility for membership in the NFLN and
the rights and privileges of members shall be as provided in
the constitution and bylaws of the NFLN. The Board of
Directors, officers, and other employees of the NFLN, and their
powers and duties, shall be provided in the bylaws of the NFLN.
(2) Board of directors.--The Board of Directors of the NFLN
shall include--
(A) the Director of the Fab Foundation;
(B) members of the manufacturing sector and
entrepreneurial community; and
(C) leaders in science, technology, engineering,
and mathematics education.
(3) Coordination.--When appropriate, the NFLN should work
with Manufacturing Extension Partnership Centers of the
National Institute of Standards and Technology, the Small
Business Administration, and other agencies of the Federal
Government to provide additional resources to fab lab users.
(d) Functions.--The NFLN shall--
(1) serve as the coordinating body for the creation of a
national network of local fab labs in the United States;
(2) provide a first point of contact for organizations and
communities seeking to create fab labs, providing information,
assessing suitability, advising on the lab lifecycle, and
maintaining descriptions of prospective and operating sites;
(3) link funders and sites with operational entities that
can source and install fab labs, provide training, assist with
operations, account for spending, and assess impact;
(4) perform outreach for individuals and communities on the
benefits available through the NFLN;
(5) facilitate use of the NFLN in synergistic programs,
such as workforce training, job creation, research broader
impacts, and the production of civic infrastructure; and
(6) offer transparency in the management, governance, and
operation of the NFLN.
(e) Purposes.--In carrying out its functions, the NFLN's purposes
and goals shall be to--
(1) create a national network of connected local fab labs
to empower individuals and communities in the United States;
and
(2) foster the use of distributed digital fabrication tools
to promote science, technology, engineering and math skills,
increase invention and innovation, create businesses and jobs,
and fulfill needs.
(f) Funding.--The NFLN may accept gifts from private individuals,
corporations, government agencies, or other organizations. | National Fab Lab Network Act of 2013 - Grants a federal charter to the National Fab Lab Network. | National Fab Lab Network Act of 2013 | [
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SECTION 1. MEDICAID EXCEPTION FOR PERMANENT RESIDENT ALIEN CHILDREN.
Section 402(b)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended
by adding after subparagraph (D) the following new subparagraph:
``(E) Medicaid exception for permanent resident
alien children.--With respect to eligibility for
benefits under paragraph (3)(C) (relating to the
medicaid program), an alien who --
``(A) is lawfully admitted for permanent residence
under the Immigration and Nationality Act; and
``(B) is under 19 years of age.''.
SEC. 2. EXTENSION OF ELIGIBILITY PERIOD FOR SSI AND MEDICAID FOR
REFUGEES AND ASYLEES FROM 5 TO 7 YEARS.
(a) SSI.--Section 402(a)(2)(A) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is
amended by inserting ``(or with respect to eligibility under paragraph
(3)(A) 7 years)'' after ``5 years''.
(b) Medicaid.--Section 402(b)(2)(A) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)(A)) is amended in clauses (i), (ii), and (iii) by inserting
``(or with respect to eligibility under paragraph (3)(C) 7 years)''
after ``5 years'' each place it appears.
SEC. 3. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO BECAME BLIND OR
DISABLED AFTER ADMISSION.
(a) Eligibility.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Qualified aliens who became blind or disabled
after admission.--With respect to eligibility for
benefits for the program defined in paragraph (3)(A)
(relating to the supplemental security income program),
paragraph (1) shall not apply to an alien who is a
qualified alien (as defined in section 431) who became
blind or disabled after admission to the United
States.''.
(b) Attribution of Income.--Section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631) is amended by adding at the end the following new
subsection:
``(g) Special Rule for SSI Benefits for Blind and Disabled
Aliens.--Notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits under section 402(a)(3)(A)
(relating to the supplemental security income program) for an alien who
became blind or disabled after admission to the United States.''.
(c) No reimbursement requirement.--Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 is
amended by adding at the end the following new paragraph:
``(12) Benefits under section 402(a)(3)(A) (relating to the
supplemental security income program) for an alien who became
blind or disabled after admission to the United States.''.
SEC. 4. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO WERE ADMITTED TO THE
UNITED STATES BEFORE ATTAINING 18 YEARS OF AGE AND WERE
BLIND OR DISABLED PRIOR TO ADMISSION.
(a) Eligibility.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is amended by adding after subparagraph (E) the following new
subparagraph:
``(F) Qualified aliens who became blind or disabled
after admission.--With respect to eligibility for
benefits for the program defined in paragraph (3)(A)
(relating to the supplemental security income program),
paragraph (1) shall not apply to an alien who is a
qualified alien (as defined in section 431), who was
admitted to the United States before attaining the age
of 18 years, and who was blind or disabled (or for whom the onset of
blindness or disability occurred) prior to admission to the United
States.''.
(b) Attribution of Income.--Section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631) is amended by adding at the end the following new
subsection:
``(g) Special Rule for SSI Benefits for Blind and Disabled
Aliens.--Notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits under section 402(a)(3)(A)
(relating to the supplemental security income program) for an alien who
became blind or disabled after admission to the United States or for an
alien who was admitted to the United States prior to attaining the age
of 18 years and was blind or disabled (or for whom the onset of
blindness or disability occurred) prior to admission to the United
States.''.
(c) No reimbursement requirement.--Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 is
amended by adding at the end the following new paragraph:
``(12) Benefits under section 402(a)(3)(A) (relating to the
supplemental security income program) for an alien who became
blind or disabled after admission to the United States or for
an alien who was admitted to the United States prior to
attaining the age of 18 years and was blind or disabled (or for
whom the onset of blindness or disability occurred) prior to
admission to the United States.''.
SEC. 5. EXCEPTION FOR CERTAIN BLIND AND DISABLED ALIENS TO 5-YEAR
INELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS-
TESTED PUBLIC BENEFITS.
Section 403(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding
after paragraph (2) the following new paragraph:
``(3) Exception for blind and disabled aliens.--
``(A) An alien who became blind or disabled after
admission to the United States.
``(B) An alien who was admitted to the United
States before attaining the age of 18 years and who was
blind or disabled (or for whom the onset of blindness
or disability occurred) prior to admission to the
United States.''.
SEC. 6. SSI ELIGIBILITY FOR PERMANENT RESIDENT ALIENS AT LEAST 76 YEARS
OF AGE.
(a) In General.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is further amended by adding after subparagraph (E) the following new
subparagraph:
``(F) Permanent resident aliens at least 76 years
of age.--With respect to eligibility for benefits under
paragraph (3)(A) relating to the supplemental security
income program), paragraph (1) shall not apply to an
alien who
``(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
``(ii) is at least 76 years of age.''.
(b) No reimbursement requirement.--Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 is
amended by adding at the end the following new paragraph:
``(13) Benefits under section 402(a)(3)(A) (relating to the
supplemental security income program) for an alien who is
lawfully admitted to the United States for permanent residence
under the Immigration and Nationality Act and is at least 76
years of age.''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall be effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
(b) Exceptions.--The amendments made by sections 4, 5, and 6 shall
be effective with respect to benefits payable for months after July
1997.''. | Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make permanent resident aliens under 19 years old eligible for Medicaid.
Extends the refugee and asylee eligibility period for Medicaid and Supplemental Security Income (SSI). Makes qualified aliens eligible for SSI benefits who: (1) became blind or disabled after U.S. admission; or (2) were under 18 years old at, and blind or disabled prior to, U.S. admission. Exempts such aliens from: (1) attribution of sponsor income and repayment requirements; and (2) the five-year ineligibility period for Federal means-tested public benefits.
Makes permanent resident aliens who are at least 76 years old eligible for SSI benefits. Exempts such aliens from sponsor repayment requirements. | To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to modify provisions restricting welfare and public benefits for aliens. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Scholarship Act of
2005''.
SEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning that term
has under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(4) Program.--The term ``Program'' means the National
Marine Scholarship Program established by the Administrator
under this section.
(b) Establishment of Program.--
(1) Requirement.--The Administrator shall establish a
National Marine Scholarship Program that is designed to recruit
and prepare students for careers in the fields of marine
science. Under the program, the Secretary shall award
scholarships for those academic programs and fields of study
described in the list made available under subsection (d).
(2) Employment obligation.--As a condition of the award of
each scholarship under the Program, the Administrator shall
require the recipient to enter into a contractual agreement
under which the individual is obligated to serve as a full-time
employee of the Administration in a position needed by the
Administration and for which the individual is qualified, for a
period of time to be determined by the Administrator and stated
in the contractual agreement. If a full-time equivalent
position is not available within the Administration at the time
the scholarship recipient is obligated begin their employment,
the scholarship recipient may fulfill such employment
obligation in a full-time position in another Federal agency
with administrative jurisdiction over programs relating to the
marine environment that is approved by the Administrator.
(c) Eligibility Criteria.--In order to be eligible for a
scholarship under the program, an individual must--
(1) be enrolled or accepted for enrollment as a full-time
graduate student at an institution of higher education in an
academic program and field of study described in the list made
available under subsection (d);
(2) be a United States citizen or national or a permanent
resident of the United States; and
(3) at the time of the initial scholarship award, not be an
employee of the Administration.
(d) Eligible Academic Programs and Fields of Study.--The
Administrator shall make publicly available a list of academic programs
and fields of study for which scholarships under this section may be
used, and shall update the list as necessary.
(e) Competitive Award Process.--
(1) In general.--Under the Program, the Administrator shall
award scholarships to individuals who are selected through a
competitive process--
(A) under which awards are made primarily on the
basis of academic merit;
(B) in which consideration is given to promoting
the participation in the Program by individuals
referred to in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a,
1885b); and
(C) in which consideration may be given to
financial need.
(2) Application.--An individual seeking a scholarship under
this section shall submit an application to the Administrator
at such time, in such manner, and containing such information,
agreements, or assurances as the Administrator may require.
(f) Scholarship Limits.--
(1) Number of academic years.--An individual may not
receive a scholarship under this section for a masters degree
program for more than 2 academic years, or for a doctorate
program for more than 4 academic years, except as specifically
authorized by a waiver issued by the Administrator.
(2) Dollar amount.--The dollar amount of a scholarship
under this section shall not exceed the cost of attendance, as
such cost is determined in accordance with section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087).
(3) Use.--Amounts received as a scholarship under this
section may be expended only for tuition, fees, and other
expenses authorized by regulations issued by the Administrator.
(4) Payment of scholarship amounts.--The Administrator may
enter into a contractual agreement with an institution of
higher education with respect to which a scholarship is
provided under this section, under which the amounts provided
as the scholarship for tuition, fees, and other authorized
expenses are paid directly to the institution.
(g) Period of Service Under Employment Obligation.--
(1) General requirement.--Except as provided in subsection
(i)(2), the period of service for which an individual shall be
obligated to serve as an employee of the Administration
pursuant to this section shall be determined by the
Administrator in accordance with subsection (b)(2).
(2) Beginning of service.--
(A) General rule.--Except as provided in
subparagraph (B), obligated service under subsection
(b)(2) shall begin not later than 60 days after the
date on which individual obtains the educational degree
for which the scholarship was provided.
(B) Deferral.--The Administrator may defer the
beginning of obligated service under subsection (b)(2)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall by regulation
prescribe the terms and conditions under which a
service obligation may be deferred under this
subparagraph.
(h) Repayment.--
(1) Failure to perform academically.--
(A) Breach of obligation.--A recipient of a
scholarship under this section shall be in breach of
the recipient's contractual agreement under this
section if the recipient--
(i) fails to maintain a high level of
academic standing, as defined by the
Administrator by regulation;
(ii) is dismissed from the recipient's
educational institution for disciplinary
reasons; or
(iii) voluntarily terminates academic
training before graduation from the educational
program for which the scholarship was awarded.
(B) Penalty.--A recipient of a scholarship who
under subparagraph (A) is in breach of the recipient's
contractual agreement--
(i) shall be liable to the United States
for repayment, within 2 years after the date of
the breach, of all amounts paid under the
scholarship to the recipient or to an
institution of higher education on the
recipient's behalf; and
(ii) shall not be required to fulfill any
employment obligation under such agreement.
(2) Failure to fulfill employment obligation.--
(A) Breach of obligation.--A recipient of a
scholarship under this section shall be in breach of
the recipient's contractual agreement under this
section if the recipient--
(i) fails to begin or complete the
recipient's employment obligation under this
section; or
(ii) fails to comply with the terms and
conditions of deferment established by the
Administrator pursuant to subsection (g)(2)(B).
(B) Penalty.--A recipient of a scholarship who
under subparagraph (A) is in breach of the recipient's
contractual agreement shall be liable for payment to
the United States, within 3 years, of an amount equal
to--
(i) the total amount of scholarships
received by such individual under this section;
plus
(ii) interest on the total amount of such
scholarships at a rate that is equivalent to
the rate of interest that would apply under
section 427A of the Higher Education
Authorization Act of 1965 if the scholarships
were loans to cover the cost of education (as
that term is used in that section).
(i) Cancellation or Waiver.--
(1) In general.--Any obligation of an individual incurred
under this section for service or payment shall be canceled
upon the death of the individual.
(2) Waiver or suspension of any obligation by
administrator.--The Administrator shall by regulation provide
for the partial or total waiver or suspension of any obligation
of employment or payment incurred by an individual under this
section (including any contractual agreement under this
section), if--
(A) compliance by the individual is impossible or
would involve extreme hardship to the individual; or
(B) enforcement of such obligation with respect to
the individual would be contrary to the best interests
of the Government.
(j) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, and every 2 years thereafter, the
Administrator shall transmit a report to the Congress that addresses
each of the following:
(1) The effectiveness of the National Marine Scholarship
Program established under this section in increasing the number
of marine science-related service professionals.
(2) The effectiveness of such program in preparing
scholarship recipients for temporary jobs within the
Administration or other marine-related Federal agencies.
(k) Deadline for Regulations.--The Administrator shall issue such
regulations as are necessary to carry out this section by not later
than 90 days after the date of the enactment of this Act.
(l) Authorization of Appropriations.--Of the amounts authorized for
each of fiscal years 2005 through 2010 for programs administered by the
National Oceanic and Atmospheric Administration, $5,000,000 shall be
available for the National Marine Scholarship Program established under
this section. | National Marine Scholarship Act of 2005 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a National Marine Scholarship Program for graduate students in the fields of marine science.
Requires scholarship recipients to agree to serve, for a certain period after their masters or doctoral program, as a full-time employee of NOAA or another Federal agency with programs related to the marine environment. | To establish a National Marine Scholarship Program to recruit and prepare graduate students for careers in the fields of marine science, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Democracy and Human
Rights in Zimbabwe Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) When Zimbabwe achieved independence in 1980, its
economic and democratic prospects were bright and President
Robert Mugabe was hailed as a liberator. However, 27 years
later, the economy of Zimbabwe has collapsed as income per
capita has fallen below the 1953 level and President Mugabe's
Zimbabwe African National Union-Patriotic Front (ZANU-PF)
government has increasingly and systematically exercised
repression of political opposition and engaged in violations of
human rights.
(2) The Department of State's 2006 Country Report on Human
Rights Practices states that Zimbabwe's 2002 presidential
election and 2005 parliamentary elections were neither free nor
fair, and reports that President Mugabe's government interfered
with the campaign activities of the opposition, intimidated
voters, and distributed food in a partisan manner.
(3) The Department of State Report also finds that the
Government of Zimbabwe continues to--
(A) restrict freedom of assembly, movement, and
association;
(B) forcibly evict civilians from their land; and
(C) harass and abuse members of the opposition, the
media, the religious community, civil society, and
organized labor.
(4) According to the Freedom House Freedom in the World
2007 report, ``In 2006, Zimbabwe suffered from a further
deterioration of political rights and civil liberties amid a
near-total collapse of the country's economy.''.
(5) Zimbabwe is a member of the United Nations, the African
Union, the Southern African Development Community, the African
Development Bank, the International Monetary Fund, and the
World Trade Organization, and a party to the Universal
Declaration of Human Rights, the African Charter on Human and
Peoples' Rights, and the International Covenant on Civil and
Political Rights.
(6) Section 2 of the Zimbabwe Democracy and Economic
Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note)
states, ``It is the policy of the United States to support the
people of Zimbabwe in their struggle to effect peaceful,
democratic change, achieve broad-based and equitable economic
growth, and restore the rule of law.''.
(7) In 2002 and 2003, the United States imposed financial
and immigration sanctions targeted against selected
individuals, a ban on the transfer of defense items and
services, and a suspension of nonhumanitarian government-to-
government assistance, although the United States remains one
of the leading providers of humanitarian assistance to the
people of Zimbabwe.
(8) The United Nations, the European Union, the United
States, human rights organizations, and many others have
condemned the security forces of Zimbabwe for the beating,
detention, and arrest of opposition and civil society members
attending a prayer meeting on March 11, 2007.
(9) In March 2007, the heads of state of the Southern
African Development Community announced that the President of
South Africa, Thabo Mbeki, will mediate between President
Mugabe and the opposition Movement for Democratic Change in
advance of the 2008 presidential election, but failed to
condemn the Government of Zimbabwe for its human rights abuses
and restriction of democratic space.
(10) On March 30, 2007, it was announced that the ZANU-PF
central committee had chosen President Mugabe as the party's
candidate for the 2008 election and that the parliamentary
elections will also be held in 2008, instead of 2010.
(11) A Human Rights Watch report released in May 2007
concluded, ``Arbitrary arrests, detentions, and brutal beatings
by police and security forces skyrocketed in March and April,
and continue unabated. . . . The Zimbabwean government is
violating the human rights of its citizens with impunity.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the people of Zimbabwe in their efforts to
promote democracy and respect for human rights in Zimbabwe; and
(2) to call on President Mugabe to immediately restore
democracy and human rights in Zimbabwe.
SEC. 4. SENSE OF CONGRESS ON THE CRISIS IN ZIMBABWE.
The following is the sense of Congress:
(1) The United States welcomes and commends the
announcement by the Southern African Development Community that
the President of South Africa, Thabo Mbeki, will lead
negotiations between the ruling and opposition parties in
Zimbabwe to resolve the political and humanitarian crisis in a
way that reflects the will of the people of Zimbabwe and
respects international standards.
(2) The creation of a level playing field for those who
want to participate in the political process in Zimbabwe and
the encouragement of transparency in the political process
should be priority objectives in the negotiations.
(3) All preparations should be made to hold free, fair, and
peaceful elections in accordance with international standards,
such as the Southern African Development Community
Parliamentary Forum Election Norms and Guidelines.
(4) Cooperation between the United States, regional players
in Africa, and the wider international community is an
important component of a proactive strategy to support
democratic rule and respect for human rights in Zimbabwe.
(5) Normalized relations with the Government of Zimbabwe
are desirable, but until the Government of Zimbabwe promotes
democracy and the rule of law, the United States will continue
to isolate the Government of Zimbabwe and expand financial and
travel sanctions targeted against those responsible for
repressing the people of Zimbabwe.
(6) The United States Permanent Representative to the
United Nations should use the voice and vote of the United
States in the United Nations Security Council to emphasize the
threat to international peace and security posed by the
Government of Zimbabwe.
SEC. 5. BRIEFING.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and quarterly thereafter, the Secretary of State
shall provide to Congress a briefing on the strategy of the United
States for engagement with Zimbabwe.
(b) Content.--The briefing required by subsection (a) shall include
the following:
(1) The details of a comprehensive policy of the United
States to support the people of Zimbabwe in their efforts to
promote democratic rule and respect for human rights in
Zimbabwe, including support for free, fair and peaceful
elections.
(2) An assessment of the resources necessary to most
effectively enable Zimbabwe to return peacefully to a state of
democratic governance, with respect for human rights and the
rule of law.
(3) A diplomatic strategy for engaging and encouraging
regional partners in Africa to help facilitate the transition
of Zimbabwe to democracy.
(4) A review of policy options in the event of further
deterioration of the situation in Zimbabwe.
(5) A review of policy options in the event of an
improvement in the situation in Zimbabwe.
(6) Indicators of progress toward democracy and respect for
human rights that would allow for the removal of targeted
bilateral sanctions on Zimbabwe and strengthened relations with
the Government of Zimbabwe.
(c) Consultation.--The Secretary of State shall, to the extent
possible, develop the strategy described in subsection (a) in
consultation with--
(1) the United Nations;
(2) the African Union;
(3) the Southern African Development Community;
(4) other multilateral organizations; and
(5) interested States.
(d) Sunset.--The requirements of this section shall cease to be
effective after the date that is 3 years after the date of the
enactment of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Notwithstanding any other provision of law, there
are authorized to be appropriated up to $10,000,000 for the purpose
described in subsection (b).
(b) Purpose.--The purpose described in this subsection is to
support democracy and governance activities in Zimbabwe consistent with
the provisions of the Zimbabwe Democracy and Economic Recovery Act of
2001 (Public Law 107-99; 22 U.S.C. 2151 note), including through--
(1) support for free, fair, and peaceful national elections
in accordance with international standards;
(2) support for the capacity of civil society to create
nonviolent political space in Zimbabwe; and
(3) support for programs to defend and protect the human
rights of the people of Zimbabwe. | Support for Democracy and Human Rights in Zimbabwe Act of 2007 - States that is U.S. policy to: (1) support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) call on President Mugabe to restore democracy and human rights in Zimbabwe.
Expresses the sense of Congress that: (1) the United States welcomes the Southern African Development Community's announcement that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe; (2) preparations should be made to hold free elections in accordance with international standards; (3) cooperation among the United States, regional players in Africa, and the international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe; (4) normalized relations with the government of Zimbabwe are desirable but until the government of Zimbabwe promotes democracy and the rule of law the United States will continue to isolate the government of Zimbabwe and expand financial and travel sanctions against those responsible for repressing Zimbabwe's people; and (5) the United States should use its influence in the U.N. Security Council to emphasize the threat to international peace posed by the government of Zimbabwe.
Directs the Secretary of State to provide Congress with quarterly briefings on U.S. strategy for engagement with Zimbabwe. (Terminates such requirement three years after the date of the enactment of this Act.)
Authorizes appropriations to support democracy and governance activities in Zimbabwe, including support for: (1) free and peaceful national elections; (2) creation of nonviolent political space; and (3) human rights programs. | A bill to support democracy and human rights in Zimbabwe, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transportation of
Municipal Waste Act of 1995''.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)
is amended by adding at the end the following new section:
``interstate transportation of municipal waste
``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal
Waste.--(1)(A) Except as provided in subsection (b), if requested in
writing by an affected local government, a Governor may prohibit the
disposal of out-of-State municipal waste in any landfill or incinerator
that is subject to the jurisdiction of the Governor or the affected
local government.
``(B) Prior to submitting a request under this section, the
affected local government shall--
``(i) provide notice and opportunity for public comment
concerning any proposed request; and
``(ii) following notice and comment, take formal action on
any proposed request at a public meeting.
``(2) Beginning with calendar year 1995, a Governor of a State may,
with respect to landfills covered by the exceptions provided in
subsection (b)--
``(A) notwithstanding the absence of a request in writing
by the affected local government--
``(i) limit the quantity of out-of-State municipal
waste received for disposal at each landfill in the
State to an annual quantity equal to the quantity of
out-of-State municipal waste received for disposal at
the landfill during the calendar year 1993 or 1994,
whichever is less; and
``(ii) limit the disposal of out-of-State municipal
waste at landfills that received, during calendar year
1993, documented shipments of more than 50,000 tons of
out-of-State municipal waste representing more than 30
percent of all municipal waste received at the landfill
during the calendar year, by prohibiting at each such
landfill the disposal, in any year, of a quantity of
out-of-State municipal waste that is greater than 30
percent of all municipal waste received at the landfill
during calendar year 1993; and
``(B) if requested in writing by the affected local
government, prohibit the disposal of out-of-State municipal
waste in landfill cells that do not meet the design and
location standards and leachate collection and ground water
monitoring requirements of State law and regulations in effect
on January 1, 1993, for new landfills.
``(3)(A) In addition to the authorities provided in paragraph
(1)(A), beginning with calendar year 1997, a Governor of any State, if
requested in writing by the affected local government, may further
limit the disposal of out-of-State municipal waste as provided in
paragraph (2)(A)(ii) by reducing the 30 percent annual quantity
limitation to 20 percent in each of calendar years 1998 and 1999, and
to 10 percent in each succeeding calendar year.
``(B)(i) A State may ban imports from large exporting States if the
volumes of municipal solid waste exported by those States did not meet
reduction targets.
``(ii) A ban under clause (i) may prohibit imports from States that
export more than--
``(I) 3,500,000 tons in calendar year 1996;
``(II) 3,000,000 tons in calendar year 1997;
``(III) 3,000,000 tons in calendar year 1998;
``(IV) 2,500,000 tons in calendar year 1999;
``(V) 2,500,000 tons in calendar year 2000;
``(VI) 1,500,000 tons in calendar year 2001;
``(VII) 1,500,000 tons in calendar year 2002; or
``(VIII) 1,000,000 tons in any calendar year after 2002,
excluding any volume legitimately covered by a host community
agreement.
``(4)(A) Any limitation imposed by the Governor under paragraph
(2)(A)--
``(i) shall be applicable throughout the State;
``(ii) shall not discriminate against any particular
landfill within the State; and
``(iii) shall not discriminate against any shipments of
out-of-State municipal waste on the basis of State of origin.
``(B) In responding to requests by affected local governments under
paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner
that does not discriminate against any particular landfill within the
State and does not discriminate against any shipments of out-of-State
municipal waste on the basis of State of origin.
``(5)(A) Any Governor who intends to exercise the authority
provided in this paragraph shall, within 120 days after the date of
enactment of this section, submit to the Administrator information
documenting the quantity of out-of-State municipal waste received for
disposal in the State of the Governor during calendar years 1993 and
1994.
``(B) On receipt of the information submitted pursuant to
subparagraph (A), the Administrator shall notify the Governor of each
State and the public and shall provide a comment period of not less
than 30 days.
``(C) Not later than 60 days after receipt of information from a
Governor under subparagraph (A), the Administrator shall determine the
quantity of out-of-State municipal waste that was received at each
landfill covered by the exceptions provided in subsection (b) for
disposal in the State of the Governor during calendar years 1993 and
1994, and provide notice of the determination to the Governor of each
State. A determination by the Administrator under this subparagraph
shall be final and not subject to judicial review.
``(D) Not later than 180 days after the date of enactment of this
section, the Administrator shall publish a list of the quantity of out-
of-State municipal waste that was received during calendar years 1993
and 1994 at each landfill covered by the exceptions provided in
subsection (b) for disposal in each State in which the Governor intends
to exercise the authority provided in this paragraph, as determined in
accordance with subparagraph (C).
``(b) Exceptions To Authority To Prohibit Out-of-State Municipal
Waste.--The authority to prohibit the disposal of out-of-State
municipal waste provided under subsection (a)(1) shall not apply to--
``(1) landfills in operation on the date of enactment of
this section that--
``(A) received during calendar year 1993 documented
shipments of out-of-State municipal waste; and
``(B) are in compliance with all applicable State
laws (including any State rule or regulation) relating
to design and location standards, leachate collection,
ground water monitoring, and financial assurance for
closure and post-closure and corrective action;
``(2) proposed landfills that, prior to January 1, 1993,
received--
``(A) an explicit authorization as part of a host
community agreement from the affected local government
to receive municipal waste generated out-of-State; and
``(B) a notice of decision from the State to grant
a construction permit; or
``(3) incinerators in operation on the date of enactment of
this section that--
``(A) received, during calendar year 1993,
documented shipments of out-of-State municipal waste;
``(B) are in compliance with the applicable
requirements of section 129 of the Clean Air Act (42
U.S.C. 7429); and
``(C) are in compliance with all applicable State
laws (including any State rule or regulation) relating
to facility design and operations.
``(c) Denial of Permits on Ground of Lack of Need.--
``(1) Denial.--A State may deny a permit for the
construction or operation of a new landfill or incinerator or a
major modification of an existing landfill or incinerator if--
``(A) the State has approved a State or local
comprehensive solid waste management plan developed
under Federal or State law; and
``(B) the denial is based on the State's
determination, pursuant to a State law authorizing such
denial, that there is not a local or regional need of
the landfill or incinerator in the State.
``(2) Undue burden.--A denial of a permit under paragraph
(1) shall not be considered to impose an undue burden on
interstate commerce or to otherwise impair, restrain, or
discriminate against interstate commerce.
``(d) Definitions.--As used in this section:
``(1) The term `affected local government' means--
``(A) the public body authorized by State law to
plan for the management of municipal solid waste, a
majority of the members of which are elected officials,
for the area in which the landfill or incinerator is
located or proposed to be located; or
``(B) if there is not such body created by State
law, the elected officials of the city, town, township,
borough, county, or parish selected by the Governor and
exercising primary responsibility over municipal solid
waste management or the use of land in the jurisdiction
in which the facility is located or proposed to be
located.
``(2) The term `affected local solid waste planning unit'
means a political subdivision of a State with authority
relating to solid waste management planning in accordance with
State law.
``(3) With respect to a State, the term `out-of-State
municipal waste' means municipal waste generated outside the
State. To the extent that it is consistent with the United
States-Canada Free Trade Agreement and the General Agreement on
Tariffs and Trade, the term shall include municipal waste
generated outside the United States.
``(4) The term `host community agreement' means a written,
legally binding document or documents executed by duly
authorized officials of the affected local government that
specifically authorizes a landfill or incinerator to receive
municipal solid waste generated out-of-State.
``(5) The term `municipal waste' means refuse (and refuse-
derived fuel) generated by the general public or from a
residential, commercial, institutional, or industrial source
(or any combination thereof), consisting of paper, wood, yard
wastes, plastics, leather, rubber, or other combustible or
noncombustible materials such as metal or glass (or any
combination thereof). The term `municipal waste' does not
include--
``(A) any solid waste identified or listed as a
hazardous waste under section 3001;
``(B) any solid waste, including contaminated soil
and debris, resulting from a response action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9604, 9606) or a corrective action taken
under this Act;
``(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated or
diverted from municipal waste and has been transported
into the State for the purpose of recycling or
reclamation;
``(D) any solid waste that is--
``(i) generated by an industrial facility;
and
``(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator of
the waste, or is located on property owned by
the generator or a company with which the
generator is affiliated;
``(E) any solid waste generated incident to the
provision of service in interstate, intrastate,
foreign, or overseas air transportation;
``(F) any industrial waste that is not identical to
municipal waste with respect to the physical and
chemical state of the industrial waste, and
composition, including construction and demolition
debris;
``(G) any medical waste that is segregated from or
not mixed with municipal waste; or
``(H) any material or product returned from a
dispenser or distributor to the manufacturer for
credit, evaluation, or possible reuse.''.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents of the Solid Waste Disposal Act is amended by
adding at the end of the items relating to subtitle D the following new
item:
``Sec. 4011. Interstate transportation of municipal waste.''. | Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government; and (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills.
Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act.
Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets.
Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin.
Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations.
Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State. | Interstate Transportation of Municipal Waste Act of 1995 | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
and Economic Welfare Improvement Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Military transition program.
Sec. 3. Waiver of claim development period for claims under laws
administered by Secretary of Veterans
Affairs.
Sec. 4. Tolling of timing of review for appeals of final decisions of
Board of Veterans' Appeals.
Sec. 5. Exclusion of certain amounts from determination of annual
income with respect to pensions for
veterans and surviving spouses and children
of veterans.
Sec. 6. Extension of authority of Secretary of Veterans Affairs to
obtain certain income information from
other agencies.
Sec. 7. VetStar Award program.
Sec. 8. Increase in amount of pension for Medal of Honor recipients.
Sec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010.
SEC. 2. MILITARY TRANSITION PROGRAM.
(a) In General.--Chapter 41 of title 38, United States Code, is
amended by inserting after section 4114 the following new section:
``Sec. 4115. Military transition program
``(a) Establishment; Eligibility.--(1) Subject to the availability
of appropriations for such purpose, the Secretary of Veterans Affairs
and the Assistant Secretary of Labor for Veterans' Employment and
Training shall jointly carry out a program of training to provide
eligible veterans with skills relevant to the job market.
``(2) For purposes of this section, the term `eligible veteran'
means any veteran whom the Secretary of Veterans Affairs determines--
``(A) is not otherwise eligible for education or training
services under this title;
``(B) has not acquired a marketable skill since being
separated or released from service in the Armed Forces;
``(C) was discharged under honorable conditions; and
``(D)(i) has been unemployed for at least 90 days during
the 180-day period preceding the date of application for the
program established under this section; or
``(ii) during such 180-day period received a maximum hourly
rate of pay of not more than 150 percent of the Federal minimum
wage.
``(b) Apprenticeship or On-the-Job Training Program.--The program
established under this section shall provide for payments to employers
who provide for eligible veterans a program of apprenticeship or on-
the-job training if--
``(1) such program is approved as provided in paragraph (1)
or (2) of section 3687(a) of this title;
``(2) the rate of pay for veterans participating in the
program is not less than the rate of pay for nonveterans in
similar jobs; and
``(3) the Assistant Secretary of Labor for Veterans'
Employment and Training reasonably expects that--
``(A) the veteran will be qualified for employment
in that field upon completion of training; and
``(B) the employer providing the program will
continue to employ the veteran at the completion of
training.
``(c) Payments to Employers.--(1) Subject to the availability of
appropriations for such purpose, the Assistant Secretary of Labor for
Veterans' Employment and Training shall enter into contracts with
employers to provide programs of apprenticeship or on-the-job training
that meet the requirements of this section. Each such contract shall
provide for the payment of the amounts described in paragraph (2) to
employers whose programs meet such requirements.
``(2) The amount paid under this section with respect to any
eligible veteran for any period shall be 50 percent of the wages paid
by the employer to such veteran for such period. Wages shall be
calculated on an hourly basis.
``(3)(A) Except as provided in subparagraph (B)--
``(i) the amount paid under this section with respect to a
veteran participating in the program established under this
section may not exceed $20,000 in the aggregate or $1,666.67
per month; and
``(ii) such payments may only be made during the first 12
months of such veteran's participation in the program.
``(B) In the case of a veteran participating in the program on a
less than full-time basis, the Assistant Secretary of Labor for
Veterans' Employment and Training may extend the number of months of
payments under subparagraph (A) and proportionally adjust the amount of
such payments, but the aggregate amount paid with respect to such
veteran may not exceed $20,000 and the maximum number of months of such
payments may not exceed 24 months.
``(4) Payments under this section shall be made on a quarterly
basis.
``(5) Each employer providing a program of apprenticeship or on-
the-job training pursuant to this section shall submit to the Assistant
Secretary of Labor for Veterans' Employment and Training on a quarterly
basis a report certifying the wages paid to eligible veterans under
such program (which shall be certified by the veteran as being correct)
and containing such other information as the Assistant Secretary may
specify. Such report shall be submitted in the form and manner required
by the Assistant Secretary.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal year
for which the program is carried out.
``(e) Reporting.--The Secretary of Veterans Affairs, in
coordination with the Assistant Secretary of Labor for Veterans'
Employment and Training, shall include a description of activities
carried out under this section in the annual report prepared submitted
under section 529 of this title.
``(f) Termination.--The authority to carry out a program under this
section shall terminate on September 30, 2016.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4114 the following new item:
``4115. Military transition program.''.
(c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034
of such title is amended by striking ``and 3687'' and inserting ``3687,
and 4115''.
(2) Subsections (a)(1) and (c) of section 3241 of such title are
each amended by striking ``section 3687'' and inserting ``sections 3687
and 4115''.
(3) Subsection (d)(1) of section 3672 of such title is amended by
striking ``and 3687'' and inserting ``3687, and 4115''.
(4) Paragraph (3) of section 4102A(b) of such title is amended by
striking ``section 3687'' and inserting ``section 3687 or 4115''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 5101 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) If a claimant submits to the Secretary a claim that the
Secretary determines is a fully developed claim, the Secretary shall
provide--
``(A) the claimant with the opportunity to waive any claim
development period otherwise made available by the Secretary
with respect to such claim; and
``(B) expeditious treatment to such claim.
``(2) If a person submits to the Secretary any written notification
sufficient to inform the Secretary that the person plans to submit a
fully developed claim and, not later than one year after submitting
such notification submits to the Secretary a claim that the Secretary
determines is a fully developed claim, the Secretary shall provide
expeditious treatment to the claim.
``(3) If the Secretary determines that a claim submitted by a
claimant as a fully developed claim is not fully developed, the
Secretary shall provide such claimant with the notice described in
section 5103(a) within 30 days after the Secretary makes such
determination.
``(4) For purposes of this section:
``(A) The term `fully developed claim' means a claim--
``(i) for which the claimant--
``(I) received assistance from a veterans
service officer, a State or county veterans
service organization, an agent, or an attorney;
or
``(II) submits, together with the claim, an
appropriate indication that the claimant does
not intend to submit any additional information
or evidence in support of the claim and does
not require additional assistance with respect
to the claim; and
``(ii) for which the claimant or the claimant's
representative, if any, each signs, dates, and submits
a certification in writing stating that, as of such
date, no additional information or evidence is
available or needs to be submitted in order for the
claim to be adjudicated.
``(B) The term `expeditious treatment' means, with respect
to a claim for benefits under the laws administered by the
Secretary, treatment of such claim so that the claim is fully
processed and adjudicated within 90 days after the Secretary
receives an application for such claim.''.
(b) Appeals Form Availability.--Subsection (b) of section 5104 of
such title is amended--
(1) by striking ``and (2)'' and inserting ``(2)''; and
(2) by inserting before the period at the end the
following: ``, and (3) any form or application required by the
Secretary to appeal such decision''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to claims submitted on or after the date of the
enactment of this Act.
SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF
BOARD OF VETERANS' APPEALS.
(a) In General.--Section 7266(a) of title 38, United States Code,
is amended--
(1) by striking ``In order'' and inserting ``(1) Except as
provided in paragraph (2), in order''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The 120-day period described in paragraph (1) shall be
extended upon a showing of good cause for such time as justice may
require.
``(B) For purposes of this paragraph, it shall be considered good
cause if a person was unable to file a notice of appeal within the 120-
day period because of the person's service-connected disability.''.
(b) Applicability.--
(1) In general.--Paragraph (2) of section 7266(a) of such
title, as added by subsection (a), shall apply to a notice of
appeal filed with respect to a final decision of the Board of
Veterans' Appeals that was issued on or after July 24, 2008.
(2) Reinstatement.--Any petition for review filed with the
Court of Appeals for Veterans Claims that was dismissed by such
Court on or after July 24, 2008, as untimely, shall, upon the
filing of a petition by an adversely affected person filed not
later than six months after the date of the enactment of this
Act, be reinstated upon a showing that the petitioner had good
cause for filing the petition on the date it was filed.
SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL
INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND
SURVIVING SPOUSES AND CHILDREN OF VETERANS.
(a) Certain Amounts Paid for Reimbursements and for Pain and
Suffering.--Paragraph (5) of section 1503(a) of title 38, United States
Code, is amended to read as follows:
``(5) payments regarding--
``(A) reimbursements of any kind (including
insurance settlement payments) for--
``(i) expenses related to the repayment,
replacement, or repair of equipment, vehicles,
items, money, or property resulting from--
``(I) any accident (as defined in
regulations which the Secretary shall
prescribe), but the amount excluded
under this subclause shall not exceed
the greater of the fair market value or
reasonable replacement value of the
equipment or vehicle involved at the
time immediately preceding the
accident;
``(II) any theft or loss (as
defined in regulations which the
Secretary shall prescribe), but the
amount excluded under this subclause
shall not exceed the greater of the
fair market value or reasonable
replacement value of the item or the
amount of the money (including legal
tender of the United States or of a
foreign country) involved at the time
immediately preceding the theft or
loss; or
``(III) any casualty loss (as
defined in regulations which the
Secretary shall prescribe), but the
amount excluded under this subclause
shall not exceed the greater of the
fair market value or reasonable
replacement value of the property
involved at the time immediately
preceding the casualty loss; and
``(ii) medical expenses resulting from any
accident, theft, loss, or casualty loss (as
defined in regulations which the Secretary
shall prescribe), but the amount excluded under
this clause shall not exceed the costs of
medical care provided to the victim of the
accident, theft, loss, or casualty loss; and
``(B) pain and suffering (including insurance
settlement payments and general damages awarded by a
court) related to an accident, theft, loss, or casualty
loss, but the amount excluded under this subparagraph
shall not exceed an amount determined by the Secretary
on a case-by-case basis;''.
(b) Certain Amounts Paid by States and Municipalities as Veterans
Benefits.--Section 1503(a) of title 38, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new
paragraph (11):
``(11) payment of a monetary amount of up to $5,000 to a
veteran from a State or municipality that is paid as a
veterans' benefit due to injury or disease; and''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to determinations of income for calendar years
beginning after October 1, 2011.
SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO
OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES.
Section 5317 of title 38, United States Code, is amended by
striking ``September 30, 2011'' and inserting ``September 30, 2015''.
SEC. 7. VETSTAR AWARD PROGRAM.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish an award program, to be known as the ``VetStar Award
Program'', to annually recognize businesses for their contributions to
veterans' employment.
(b) Administration.--The Secretary shall establish a process for
the administration of the award program, including criteria for--
(1) categories and sectors of businesses eligible for
recognition each year; and
(2) objective measures to be used in selecting businesses
to receive the award.
(c) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given that term in section 101(2) of title 38, United States
Code.
SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS.
Section 1562(a) of title 38, United States Code, is amended by
striking ``$1,000'' and inserting ``$2,000''.
SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010.
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 House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Passed the House of Representatives September 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Benefits and Economic Welfare Improvement Act of 2010 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA; (2) has not acquired a marketable skill since being separated or released from military service; (3) was discharged under honorable conditions; and (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150% of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Authorizes appropriations. Terminates the program at the end of FY2016.
(Sec. 3) Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Directs the Secretary, in denying a benefit, to include in a notice of that decision any form or application required to appeal the decision.
(Sec. 4) Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008.
(Sec. 5) Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses; and (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease.
(Sec. 6) Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury.
(Sec. 7) Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment.
(Sec. 8) Increases from $1,000 to $2,000 the special monthly pension for Medal of Honor recipients.
(Sec. 9) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided such statement has been submitted prior to the vote on passage. | To amend title 38, United States Code, to establish a transition program for new veterans, to improve the disability claim system, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees' Compensation
Reform Act of 2011''.
SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE
EMPLOYEES.
(a) Transition to Retirement.--
(1) In general.--Chapter 81 of title 5, United States Code,
is amended by inserting after section 8106 the following:
``Sec. 8106a. Transition to retirement
``(a) Definitions.--In this section--
``(1) the term `covered employee' means an employee who--
``(A) is paid compensation under section 8105 or
8106; and
``(B) on or after attaining retirement age is
eligible for an annuity under chapter 83 or 84 (other
than a survivor annuity); and
``(2) the term `retirement age' has the meaning given under
section 216(l)(1) of the Social Security Act (42 U.S.C.
416(l)(1)).
``(b) Notwithstanding any other provision of this chapter, the
payment of compensation under section 8105 or 8106 to a covered
employee shall terminate on the date that the covered employee--
``(1) attains retirement age and is eligible for an annuity
under chapter 83 or 84 (other than a survivor annuity); or
``(2) after attaining retirement age becomes eligible for
an annuity under chapter 83 or 84 (other than a survivor
annuity).
``(c) Not later than 1 year before the date that a covered employee
attains retirement age or subsequently becomes eligible for an annuity
under chapter 83 or 84 (other than a survivor annuity), the Secretary
of Labor shall provide notice of this section to--
``(1) the covered employee;
``(2) the employing agency of that covered employee; and
``(3) the Office of Personnel Management.
``(d) The employing agency of a covered employee shall file an
application for an annuity with the Office of Personnel Management in
accordance with section 8352 or 8471.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 81 of title 5, United States Code, is
amended by inserting after the item relating to section 8106
the following:
``Sec. 8106a. Transition to retirement.''.
(b) Filing of Applications.--
(1) Civil service retirement system.--
(A) In general.--Chapter 83 of title 5, United
States Code, is amended by inserting after section 8351
the following:
``Sec. 8352. Employees transitioning from workers compensation
``(a) Definition.--In this section, the term `covered employee'
means an employee who is a covered employee as defined under section
8106a(a)(1) and is eligible for an annuity under this chapter.
``(b) Applications.--Not later than 1 year before the date of the
termination of payments of compensation under section 8106a(b) to a
covered employee who is eligible for an annuity under this chapter, the
employing agency of that covered employee shall file an application for
an annuity for that covered employee under this chapter with the Office
of Personnel Management.
``(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.''.
(B) Technical and conforming amendment.--The table
of sections for chapter 83 of title 5, United States
Code, is amended by inserting after the item relating
to section 8351 the following:
``Sec. 8352. Employees transitioning from workers compensation.''.
(2) Federal employees retirement system.--
(A) In general.--Chapter 84 of title 5, United
States Code, is amended by inserting after section 8470
the following:
``Sec. 8471. Employees transitioning from workers compensation
``(a) Definition.--In this section, the term `covered employee'
means an employee who is a covered employee as defined under section
8106a(a)(1) and is eligible for an annuity under this chapter.
``(b) Applications.--Not later than 1 year before the date of the
termination of payments of compensation under section 8106a(b) to a
covered employee who is eligible for an annuity under this chapter, the
employing agency of that covered employee shall file an application for
an annuity for that covered employee under this chapter with the Office
of Personnel Management.
``(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.''.
(B) Technical and conforming amendment.--The table
of sections for chapter 84 of title 5, United States
Code, is amended by inserting after the item relating
to section 8456 the following:
``Sec. 8471. Employees transitioning from workers compensation.''.
SEC. 3. REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Labor, after consultation with the Director of the
Office of Personnel Management, shall prescribe regulations to carry
out this Act.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), this Act
(including the amendments made by this Act) shall take effect on the
date of enactment of this Act.
(b) Termination of Compensation.--Section 8106a(b) of title 5,
United States Code, (as added by section 2 of this Act) shall take
effect 1 year after the date regulations are prescribed under section
3. | Federal Employees' Compensation Reform Act of 2011 - Requires federal employees, including postal employees, who are receiving total or partial disability benefits under the Federal Employees Compensation Act (FECA) to convert to the federal retirement system when such employees reach retirement age as defined by the Social Security Act and are otherwise eligible for an annuity under the the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). | A bill to amend chapter 81 of title 5, United States Code, to provide for reform relating to Federal employees workers compensation. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportsmen's Heritage And
Recreational Enhancement Act'' or the ``SHARE Act''.
SEC. 2. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is
amended by adding at the end the following:
``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
``(a) Establishment.--There is hereby established the Wildlife and
Hunting Heritage Conservation Council Advisory Committee (in this
section referred to as the `Advisory Committee') to advise the
Secretaries of the Interior and Agriculture on wildlife and habitat
conservation, hunting, and recreational shooting.
``(b) Duties of the Advisory Committee.--The Advisory Committee
shall advise the Secretaries with regard to--
``(1) implementation of Executive Order No. 13443:
Facilitation of Hunting Heritage and Wildlife Conservation,
which directs Federal agencies `to facilitate the expansion and
enhancement of hunting opportunities and the management of game
species and their habitat';
``(2) policies or programs to conserve and restore
wetlands, agricultural lands, grasslands, forest, and rangeland
habitats;
``(3) policies or programs to promote opportunities and
access to hunting and shooting sports on Federal lands;
``(4) policies or programs to recruit and retain new
hunters and shooters;
``(5) policies or programs that increase public awareness
of the importance of wildlife conservation and the social and
economic benefits of recreational hunting and shooting; and
``(6) policies or programs that encourage coordination
among the public, the hunting and shooting sports community,
wildlife conservation groups, and States, tribes, and the
Federal Government.
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--The Advisory Committee shall
consist of no more than 16 discretionary members and 7
ex officio members.
``(B) Ex officio members.--The ex officio members
are--
``(i) the Director of the United States
Fish and Wildlife Service or a designated
representative of the Director;
``(ii) the Director of the Bureau of Land
Management or a designated representative of
the Director;
``(iii) the Director of the National Park
Service or a designated representative of the
Director;
``(iv) the Chief of the Forest Service or a
designated representative of the Chief;
``(v) the Chief of the Natural Resources
Conservation Service or a designated
representative of the Chief;
``(vi) the Administrator of the Farm
Service Agency or a designated representative
of the Administrator; and
``(vii) the Executive Director of the
Association of Fish and Wildlife Agencies.
``(C) Discretionary members.--The discretionary
members shall be appointed jointly by the Secretaries
from at least one of each of the following:
``(i) State fish and wildlife agencies.
``(ii) Game bird hunting organizations.
``(iii) Wildlife conservation
organizations.
``(iv) Big game hunting organizations.
``(v) The tourism, outfitter, or guiding
industry.
``(vi) The firearms or ammunition
manufacturing industry.
``(vii) The hunting or shooting equipment
retail industry.
``(viii) Tribal resource management
organizations.
``(ix) The agriculture industry.
``(x) The ranching industry.
``(xi) Waterfowl hunting organizations.
``(D) Eligibility.--Prior to the appointment of the
discretionary members, the Secretaries shall determine
that all individuals nominated for appointment to the
Advisory Committee, and the organization each
individual represents, actively support and promote
sustainable-use hunting, wildlife conservation, and
recreational shooting.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Committee
shall be appointed for a term of 4 years. Members shall
not be appointed for more than 3 consecutive or
nonconsecutive terms.
``(B) Terms of initial appointees.--As designated
by the Secretary at the time of appointment, of the
members first appointed--
``(i) 6 members shall be appointed for a
term of 4 years;
``(ii) 5 members shall be appointed for a
term of 3 years; and
``(iii) 5 members shall be appointed for a
term of 2 years.
``(3) Preservation of public advisory status.--No
individual may be appointed as a discretionary member of the
Advisory Committee while serving as an officer or employee of
the Federal Government.
``(4) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Removal.--Advisory Committee members shall
serve at the discretion of the Secretaries and may be
removed at any time for good cause.
``(5) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed.
``(6) Chairperson.--The Chairperson of the Advisory
Committee shall be appointed for a 3-year term by the
Secretaries, jointly, from among the members of the Advisory
Committee. An individual may not be appointed as Chairperson
for more than 2 consecutive or nonconsecutive terms.
``(7) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service, but each member of
the Advisory Committee may be reimbursed for travel and lodging
incurred through attending meetings of the Advisory Committee
approved subgroup meetings in the same amounts and under the
same conditions as Federal employees (in accordance with
section 5703 of title 5, United States Code).
``(8) Meetings.--
``(A) In general.--The Advisory Committee shall
meet at the call of the Secretaries, the chairperson,
or a majority of the members, but not less frequently
than twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of
each meeting of the Advisory Committee shall be
published in the Federal Register and be submitted to
trade publications and publications of general
circulation.
``(D) Subgroups.--The Advisory Committee may
establish such workgroups or subgroups as it deems
necessary for the purpose of compiling information or
conducting research. However, such workgroups may not
conduct business without the direction of the Advisory
Committee and must report in full to the Advisory
Committee.
``(9) Quorum.--Nine members of the Advisory Committee shall
constitute a quorum.
``(d) Expenses.--The expenses of the Advisory Committee that the
Secretaries determine to be reasonable and appropriate shall be paid by
the Secretaries.
``(e) Administrative Support, Technical Services, and Advice.--A
designated Federal Officer shall be jointly appointed by the
Secretaries to provide to the Advisory Committee the administrative
support, technical services, and advice that the Secretaries determine
to be reasonable and appropriate.
``(f) Annual Report.--
``(1) Required.--Not later than September 30 of each year,
the Advisory Committee shall submit a report to the
Secretaries, the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives, and
the Committee on Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Senate. If
circumstances arise in which the Advisory Committee cannot meet
the September 30 deadline in any year, the Secretaries shall
advise the Chairpersons of each such Committee of the reasons
for such delay and the date on which the submission of the
report is anticipated.
``(2) Contents.--The report required by paragraph (1) shall
describe--
``(A) the activities of the Advisory Committee
during the preceding year;
``(B) the reports and recommendations made by the
Advisory Committee to the Secretaries during the
preceding year; and
``(C) an accounting of actions taken by the
Secretaries as a result of the recommendations.
``(g) Federal Advisory Committee Act.--The Advisory Committee shall
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
``(h) Abolishment of the Existing Wildlife and Hunting Heritage
Conservation Council Advisory Committee.--Effective on the date of the
enactment of this Act, the Wildlife and Hunting Heritage Conservation
Council formed in furtherance of section 441 of the Revised Statutes
(43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a),
and other Acts applicable to specific bureaus of the Department of the
Interior is hereby abolished.''. | Sportsmen's Heritage And Recreational Enhancement or SHARE Act - Amends the Fish and Wildlife Coordination Act to establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Secretaries of the Interior and of Agriculture (USDA) on wildlife and habitat conservation, hunting, and recreational shooting. Requires the Advisory Committee to report annually to the Secretaries and to Congress. Exempts the Advisory Committee from the Federal Advisory Committee Act. Abolishes the Wildlife and Hunting Heritage Conservation Council. | SHARE Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Care Planning
Improvement Act of 2007''.
SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.
(a) In General.--Section 1814(a)(2) of the Social Security Act (42
U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is
amended--
(1) by inserting ``(as those terms are defined in section
1861(aa)(5))'' after ``clinical nurse specialist''; and
(2) by inserting ``, or in the case of services described
in subparagraph (C), a physician, or a nurse practitioner or
clinical nurse specialist who is working in collaboration with
a physician in accordance with State law, or a certified nurse-
midwife (as defined in section 1861(gg)) as authorized by State
law, or a physician assistant (as defined in section
1861(aa)(5)) under the supervision of a physician'' after
``collaboration with a physician''.
(b) Conforming Amendments.--(1) Section 1814(a) of the Social
Security Act (42 U.S.C. 1395f(a)) is amended--
(A) in paragraph (2)(C), by inserting ``, a nurse
practitioner, a clinical nurse specialist, a certified nurse-
midwife, or a physician assistant (as the case may be)'' after
``physician'' each place it appears;
(B) in the second sentence, by striking ``or clinical nurse
specialist'' and inserting ``clinical nurse specialist,
certified nurse-midwife, or physician assistant'';
(C) in the third sentence--
(i) by striking ``physician certification'' and
inserting ``certification'';
(ii) by inserting ``(or on January 1, 2008, in the
case of regulations to implement the amendments made by
section 2 of the Home Health Care Planning Improvement
Act of 2007)'' after ``1981''; and
(iii) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician
assistant who''; and
(D) in the fourth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant'' after ``physician''.
(2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a))
is amended--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``or, in the case of services described in
subparagraph (A), a physician, or a nurse practitioner
or clinical nurse specialist (as those terms are
defined in 1861(aa)(5)) who is working in collaboration
with a physician in accordance with State law, or a
certified nurse-midwife (as defined in section
1861(gg)) as authorized by State law, or a physician
assistant (as defined in section 1861(aa)(5)) under the
supervision of a physician'' after ``a physician''; and
(ii) in each of clauses (ii) and (iii) of
subparagraph (A) by inserting ``, a nurse practitioner,
a clinical nurse specialist, a certified nurse-midwife,
or a physician assistant (as the case may be)'' after
``physician'';
(B) in the third sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant (as the case may be)'' after
physician;
(C) in the fourth sentence--
(i) by striking ``physician certification'' and
inserting ``certification'';
(ii) by inserting ``(or on January 1, 2008, in the
case of regulations to implement the amendments made by
section 2 of the Home Health Care Planning Improvement
Act of 2007)'' after ``1981''; and
(iii) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician
assistant who''; and
(D) in the fifth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant'' after ``physician''.
(3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is
amended--
(A) in subsection (m)--
(i) in the matter preceding paragraph (1)--
(I) by inserting ``a nurse practitioner or
a clinical nurse specialist (as those terms are
defined in subsection (aa)(5)), a certified
nurse-midwife (as defined in section 1861(gg)),
or a physician assistant (as defined in
subsection (aa)(5))'' after ``physician'' the
first place it appears; and
(II) by inserting ``a nurse practitioner, a
clinical nurse specialist, a certified nurse-
midwife, or a physician assistant'' after
``physician'' the second place it appears; and
(ii) in paragraph (3), by inserting ``a nurse
practitioner, a clinical nurse specialist, a certified
nurse-midwife, or a physician assistant'' after
``physician''; and
(B) in subsection (o)(2)--
(i) by inserting ``, nurse practitioners or
clinical nurse specialists (as those terms are defined
in subsection (aa)(5)), certified nurse-midwives (as
defined in section 1861(gg)), or physician assistants
(as defined in subsection (aa)(5))'' after
``physicians''; and
(ii) by inserting ``, nurse practitioner, clinical
nurse specialist, certified nurse-midwife, physician
assistant,'' after ``physician''.
(4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is
amended--
(A) in subsection (c)(1), by inserting ``, the nurse
practitioner or clinical nurse specialist (as those terms are
defined in section 1861(aa)(5)), the certified nurse-midwife
(as defined in section 1861(gg)), or the physician assistant
(as defined in section 1861(aa)(5)),'' after ``physician''; and
(B) in subsection (e)--
(i) in paragraph (1)(A), by inserting ``, a nurse
practitioner or clinical nurse specialist (as those
terms are defined in section 1861(aa)(5)), a certified
nurse-midwife (as defined in section 1861(gg)), or a
physician assistant (as defined in section
1861(aa)(5))'' after ``physician''; and
(ii) in paragraph (2)--
(I) in the heading, by striking ``Physician
certification'' and inserting ``Rule of
construction regarding requirement for
certification''; and
(II) by striking ``physician''.
(c) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2008. | Home Health Care Planning Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services.
Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner; (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law; (3) a certified nurse-midwife; or (4) a physician assistant under a physician's supervision. | A bill to amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kosova Peace and Democracy Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The political rights of the Albanian majority in Kosova
were curtailed in 1989 when the former Yugoslav Government in
Belgrade illegally amended the Yugoslav federal constitution,
revoking Kosova's autonomous status.
(2) In September 1990, a referendum on the question of
independence for Kosova was held in which 87 percent of those
eligible to participate voted, and 99 percent of those voting
supported independence for Kosova.
(3) In May 1992, a Kosovar national parliament was elected
and Dr. Ibrahim Rugova was overwhelmingly elected President of
the Republic of Kosova.
(4) The government in Belgrade has not allowed the new
Kosovar government to assemble on Kosovar territory.
(5) Credible reports of Serbian ``ethnic cleansing'' in
Kosova have been received by the United Nations Special
Rapporteur on Human Rights, and Serbian leader Slobodan
Milosevic has called for the transfer of ethnic Albanians from
their homes in Kosova to areas outside of Kosovar territory and
their replacement by Serbs.
(6) Since 1990, tens of thousands of Kosovars of Albanian
origin have been dismissed from their jobs solely on the basis
of their ethnicity.
(7) Reports of brutal beatings of ethnic Albanians in
Kosova by the mostly Serbian police are received almost daily.
(8) The government in Belgrade has severely restricted the
access of ethnic Albanians in Kosova to all levels of education
solely on the basis of their ethnicity.
(9) All forms of the media in Kosova, especially those in
the Albanian language, are strictly controlled by the
government in Belgrade and dissenting political views are
systematically deleted from all forms of the media.
(10) Under the ``Special Measures'' decree adopted in 1991,
the government in Belgrade intentionally undermined the
independent character of the judiciary of Kosova by dismissing
hundreds of ethnic Albanian judges, replacing them with Serbs
or Montenegrins, and changing the official court language to
Serbian, which is not native to the Albanian majority.
(11) Those expressing political views in opposition to the
current government are frequently jailed and tortured while in
prison by Serbian authorities, and occasional deaths of
detainees have been reported.
(12) Conference on Security and Cooperation in Europe
observers dispatched to Kosova in 1991, were expelled by the
government in Belgrade in July 1993.
(13) Following the departure of such observers, several
international human rights organizations, including Amnesty
International, Human Rights Watch, and the Helsinki Federation
for Human Rights, have documented an increase in humanitarian
abuses in Kosova.
(14) The economy of Kosova is under severe pressure caused
by the combination of the closing of small businesses by
Serbian authorities and the effect of international sanctions.
(15) Radio Free Europe recently began broadcasts to the
former Yugoslavia in Serbian and Croatian, but not in Albanian.
(16) Congress has provided for the opening of a United
States Information Agency cultural center in Prishtina, Kosova,
in section 223 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993, but security conditions have
prevented the establishment of such center.
(17) The closing of the airport in Prishtina, Kosova,
represents an obstacle to the delivery of humanitarian goods
into Kosova and a barrier to a return to normalcy.
(18) The President has explicitly warned the government in
Belgrade that ``in the event of conflict in Kosova caused by
Serbian action, the United States will be prepared to employ
military force against the Serbs in Kosova and in Serbia
proper.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) ``ethnic cleansing'' and other acts of repression
against the citizens of Kosova by the government in Belgrade
must be halted immediately;
(2) members of the elected government of Kosova should be
allowed to assemble and exercise their legitimate mandate as
elected representatives of the people of Kosova;
(3) all individuals in Kosova whose employment was
terminated on the basis of their ethnicity should be reinstated
to their previous positions immediately;
(4) the education system in Kosova should be reopened to
all residents of Kosova regardless of ethnicity, and the
majority ethnic Albanian population should be allowed to be
educated in its native tongue;
(5) all decrees undermining the autonomous and indigenous
character of the Kosovar bar and judiciary should be reversed;
(6) the right of the press and all forms of media in
Kosova, including those in the Albanian language, relating to
freedom of expression should be respected;
(7) Conference on Security and Cooperation in Europe
observers, expelled by the government in Belgrade in July 1993,
should be readmitted to Kosova and their numbers expanded;
(8) the United Nations should dispatch observers to Kosova
to monitor human rights and to limit violence;
(9) the airport in Prishtina, Kosova should be reopened;
(10) the United States Information Agency should open a
cultural center in Prishtina, Kosova, as provided in section
223 of the Foreign Relations Authorization Act, Fiscal Years
1992 and 1993, as soon as possible;
(11) the ``no-fly-zone'', currently covering Bosnia, should
be expanded to cover Kosova;
(12) the United States should reiterate warnings to the
government in Belgrade that it is prepared to respond with all
necessary means in the event that Serbia expands the military
conflict into Kosova; and
(13) the North Atlantic Treaty Organization should develop
plans to halt the spread of the Balkan conflict to Kosova.
SEC. 4. PROHIBITION ON LIFTING OF SANCTIONS AGAINST SERBIA AND
MONTENEGRO UNTIL CERTAIN CONDITIONS MET.
(a) Codification of Executive Branch Sanctions.--The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act, that were imposed by or pursuant to the
following directives of the executive branch shall (except as provided
under subsection (e)) remain in effect until the President certifies to
the Congress that the conditions described in subsection (d) have been
met:
(1) Executive Order 12808 of May 30, 1992, as continued in
effect on May 25, 1993.
(2) Executive Order 12810 of June 5, 1992.
(3) Executive Order 12831 of January 15, 1993.
(4) Executive Order 12846 of April 25, 1993.
(5) Department of State Public Notice 1427, effective July
11, 1991.
(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
(7) Department of Transportation Order 92-5-38 of May 20,
1992.
(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
(b) Prohibition on Assistance.--No funds appropriated or otherwise
made available by law may be obligated or expended on behalf of the
government of Serbia or the government of Montenegro until the
President certifies to the Congress that the conditions described in
subsection (d) have been met.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance from that institution to the
government of Serbia or the government of Montenegro, except for basic
human needs, until the President certifies to the Congress that the
conditions described in subsection (d) have been met.
(d) Conditions Described.--The conditions described in this
subsection are the following:
(1) There is substantial progress toward the restoration of
the independent identity and autonomy of Kosova.
(2) There is substantial improvement in the human rights
situation in Kosova, including improvement in those factors
listed in paragraphs (5) through (11) of section 2.
(3) International human rights observers are allowed to
return to Kosova.
(4) The elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected representatives
of the people of Kosova.
(e) Waiver Authority.--
(1) In general.--The President may waive or modify the
application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the
requirement in subsection (c).
(2) Certification.--Such a waiver or modification may only
be effective upon certification by the President to Congress
that the President has determined that the waiver or
modification is necessary--
(A) to meet emergency humanitarian needs; or
(B) to achieve a negotiated settlement of the
conflict in Kosova that is acceptable to the parties.
SEC. 5. PROGRAMMING BY RADIO FREE EUROPE AND RADIO LIBERTY IN THE
ALBANIAN LANGUAGE TO KOSOVA, THE FORMER YUGOSLAV REPUBLIC
OF MACEDONIA, AND OTHER AREAS.
Not later than 3 months after the date of enactment of this Act,
the Chairman of the Board for International Broadcasting shall submit
to the Congress a plan, together with a detailed budget, for the
establishment of a surrogate home service under the auspices of Radio
Free Europe/Radio Liberty for Albanian populations living in Kosova and
other areas of the former Yugoslavia. Such service shall be in the
Albanian language and shall be broadcast not less than one hour per
day. | Kosova Peace and Democracy Act of 1994 - Expresses the sense of the Congress with respect to ethnic relations and human rights in Kosova.
Continues specified sanctions imposed against Serbia and Montenegro until the President certifies to the Congress that: (1) there is progress toward restoration of the independent identity and autonomy of Kosova; (2) there is improvement in the human rights situation in Kosova; (3) international human rights observers are allowed to return to Kosova; and (4) the elected government of Kosova is permitted to meet. Prohibits any funding on behalf of Serbia and Montenegro until such conditions have been met. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Serbia or Montenegro, except for basic human needs, until such conditions have been met.
Authorizes the President to waive or modify such sanctions, prohibitions, or conditions if necessary to meet emergency humanitarian needs or achieve a settlement of the conflict in Kosova acceptable to the parties.
Directs the Chairman of the Board for International Broadcasting to submit a plan and a budget for the establishment of a surrogate home service under the auspices of Radio Free Europe/Radio Liberty for Albanian populations living in Kosova and other areas of the former Yugoslavia. | Kosova Peace and Democracy Act of 1994 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Made in America Act of 2016''.
SEC. 2. AMERICA STAR LABELS.
(a) Establishment.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall promulgate regulations in
accordance with section 553 of title 5, United States Code, to
establish labels that a person may use as a voluntary means of
indicating to consumers the extent to which products that such person
introduces, delivers for introduction, sells, advertises, or offers for
sale in commerce are of United States origin. Such labels shall be
known as America Star labels.
(b) Requirements for Labels.--
(1) In general.--The regulations required by subsection (a)
shall establish 4 America Star labels, as follows:
(A) A label that may be used for a product that
satisfies the standard for an unqualified United States
origin claim set forth by the Commission in the
Enforcement Policy Statement.
(B) A label that may be used for a product for
which not less than 90 percent of the total cost of
manufacturing the product is attributable to United
States costs, as determined under the Enforcement
Policy Statement.
(C) A label that may be used for a product for
which not less than 80 percent of the total cost of
manufacturing the product is attributable to United
States costs, as determined under the Enforcement
Policy Statement.
(D) A label that may be used for a product for
which not less than 70 percent of the total cost of
manufacturing the product is attributable to United
States costs, as determined under the Enforcement
Policy Statement.
(2) Goals.--The America Star labels shall be designed to
achieve the following goals:
(A) Providing clarity for consumers about the
extent to which products are manufactured in the United
States.
(B) Encouraging manufacturers to manufacture more
products in the United States.
(C) Highlighting the importance of domestic
manufacturing for the economy of the United States.
(3) Appearance and content; additional standards and
requirements.--The regulations required by subsection (a) shall
establish the visual appearance and content of the America Star
labels, any standards (in addition to the standards described
in paragraph (1)) that a product shall meet in order for a
particular America Star label to be used for such product, and
requirements for the permissible use of the America Star
labels, as the Commission considers appropriate to achieve the
goals described in paragraph (2) and to ensure that the
labels--
(A) are consistent with public perceptions of the
meaning of descriptions of the extent to which a
product is of United States origin; and
(B) are not used in a way that is unfair or
deceptive, including, for a product that does not meet
the standards for an America Star label, placing such
label on such product, using such label in any
marketing materials for such product, or in any other
way representing that such product meets the standards
of such label.
(c) Use of Labels Voluntary.--The Commission may not require a
person who makes a qualified or unqualified claim that a product is of
United States origin to use an America Star label to make such claim.
(d) Rule of Construction.--Nothing in this Act shall be construed
to affect the standards of the Commission in effect on the day before
the date of the enactment of this Act for a qualified or unqualified
claim that a product is of United States origin.
(e) Consultation.--In promulgating the regulations required by
subsection (a), the Commission shall consult with--
(1) the Commissioner of United States Customs and Border
Protection in order to ensure consistency with the country of
origin labeling requirements under section 304 of the Tariff
Act of 1930 (19 U.S.C. 1304); and
(2) the United States Trade Representative in order to
ensure consistency with the obligations of the United States
under international trade agreements.
(f) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of
a regulation promulgated under this section shall be treated as
a violation of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(2) Powers of commission.--The Commission shall enforce the
regulations promulgated under this section in the same manner,
by the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated into and made a part of this Act. Any person who
violates a regulation promulgated under this section shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act.
SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS.
(a) Requirements More Stringent Than FTC Standards.--Section 320933
of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C.
45a) and any regulation promulgated by the Commission under such
section shall supercede any provision of law of a State or a political
subdivision of a State that imposes more stringent requirements
relating to the extent to which any person may introduce, deliver for
introduction, sell, advertise, or offer for sale in commerce a product
with a ``Made in the U.S.A.'' or ``Made in America'' label, or the
equivalent thereof, in order to represent that such product is in whole
or substantial part of domestic origin.
(b) Requirements Limiting Ability To Use America Star Labels.--The
regulations promulgated under section 2 shall supercede any provision
of law of a State or a political subdivision of a State relating to the
extent to which any person introduces, delivers for introduction,
sells, advertises, or offers for sale in commerce a product with a
``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent
thereof, in order to represent that such product is in whole or
substantial part of domestic origin, to the extent that such provision
would have the effect of limiting the ability of a person to use an
America Star label with respect to a product in accordance with such
regulations.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Enforcement policy statement.--The term ``Enforcement
Policy Statement'' means the Enforcement Policy Statement on
U.S. Origin Claims issued by the Commission in December 1998,
or any successor guidance or regulation.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe. | Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of U.S. origin. The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified U.S. origin claim set forth by the FTC in the Enforcement Policy Statement on U.S. Origin Claims; or (2) for which not less than 90%, 80%, or 70% of the total cost of manufacturing is attributable to U.S. costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of "Made in the U.S.A." or "Made in America" labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws. | Made in America Act of 2016 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-Rate 2.0 Act of 2010''.
SEC. 2. E-RATE 2.0 PROGRAM FOR INCREASED ADOPTION.
Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h))
is amended--
(1) by redesignating paragraph (7) as paragraph (10); and
(2) by adding after paragraph (6) the following:
``(7) Digital divide mitigation.--
``(A) In general.--The Commission shall implement a
pilot program to extend broadband service to students
who--
``(i) qualify for funding under the
federally subsidized school lunch program;
``(ii) attend secondary schools that
receive support under this section; and
``(iii) who possess a computer for use at
home.
``(B) Use of funds.--The pilot program shall
distribute funding to such secondary schools to
dispense vouchers to eligible students to be used for
monthly service fees for residential broadband service
for such students.
``(C) Rules.--The Commission shall promulgate rules
to implement the pilot program, including rules to
prevent vouchers from being sold or transferred to non-
qualifying individuals.
``(D) Limitations.--
``(i) Duration.--The pilot program shall be
in effect for a period of 5 years after the
effective date of the regulations promulgated
under subparagraph (C).
``(ii) Maximum amount.--There is authorized
to be appropriated to the Commission to
implement the pilot program not more than
$500,000,000 per year for the period described
in clause (i).''.
SEC. 3. ELIGIBILITY FOR DISCOUNTED RATES FOR COMMUNITY COLLEGES AND
HEAD START PROGRAMS.
(a) In General.--Section 254(h) of such Act (47 U.S.C. 254(h)) is
further amended--
(1) in paragraph (2)(A), by striking ``classrooms,'' and
inserting ``classrooms, community colleges, head start
programs''; and
(2) in paragraph (10) (as redesignated under section
2(1))--
(A) in subparagraph (C), by striking ``school,''
and inserting ``school, a community college, a head
start program''; and
(B) by adding at the end the following:
``(J) Community college.--The term `community
college' has the meaning given the term `junior or
community college' in section 312 of the Higher
Education Act of 1965 (20 U.S.C. 1058).
``(K) Head start program.--The term `head start
program' means any local public or private nonprofit
agency that is designated by the Secretary of Health
and Human Services as a Head Start agency under section
641 of the Head Start Act (42 U.S.C. 9836).''.
(b) Pilot Project.--Section 254(h) of such Act (47 U.S.C. 254(h))
is further amended by inserting after paragraph (7), as added by
section 2, the following:
``(8) Community colleges and head start programs pilot
project.--
``(A) In general.--The Commission shall implement a
pilot project, not to exceed $150,000,000 in any one
year, to extend funding for broadband equipment and
services under this section to those community college
or head start program applicants who best demonstrate
need, maximization potential of broadband use
consistent with their educational mission, and
innovation with respect to use of broadband, web-based
information and applications.
``(B) Rulemaking required.--The Commission shall
adopt rules as necessary to implement this paragraph.
``(C) Specification.--For the first 5 years after
the date of enactment of the E-Rate 2.0 Act of 2010,
community colleges and head start programs shall
receive funding for broadband equipment and services
from the Federal government exclusively through this
pilot project.''.
SEC. 4. ELECTRONIC BOOKS PILOT PROJECT.
Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h))
is further amended by inserting after paragraph (8), as added by
section 3, the following:
``(9) E-books for e-rate.--
``(A) In general.--The Commission shall implement a
pilot project, not to exceed $50,000,000 in any one
year, to extend to those secondary school applicants
for funding under this section that are eligible for
the highest percentage discounted rates under the
Commission's regulations implementing this section an
opportunity to apply for meaningfully discounted
services and technologies for the use of electronic
books.
``(B) Rulemaking required.--The Commission shall
adopt such rules as may be necessary to implement this
paragraph, including rules assuring that such
technologies and services are incorporated into the
course curricula of the applying secondary school and
that implementation is on a technology-neutral basis.
``(C) Duration; report.--
``(i) In general.--The pilot project shall
last 4 years in duration.
``(ii) Report.--At the end of the third
year of the operation of the pilot project, the
Commission shall prepare and submit to Congress
a report assessing the project. The report
shall include metrics to gauge the impact on
digital literacy and overall learning
associated with the student use of the
electronic books project.
``(D) Rulemaking required.--The Commission shall
commence and complete a rulemaking in the final year of
the pilot project and determine whether the program
should be extended or terminated, and if extended, what
additional entities should be eligible for funding,
what level of funding is reasonable and affordable for
such program, and what other modifications to the
program are warranted consistent with the public
interest.''.
SEC. 5. IMPROVED ADMINISTRATION OF E-RATE APPLICATION PROCESS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Federal Communications Commission shall
develop and implement policies and procedures to streamline and
simplify the application process under section 254(h) of the
Communications Act of 1934 (commonly known as the ``E-Rate program'')
for the purpose of--
(1) improving administration of the program;
(2) increasing access to the benefits of the program;
(3) minimizing the burden on applicants; and
(4) maintaining measures to eliminate waste, fraud, and
abuse.
(b) Specific Modifications.--In carrying out subsection (a), the
Federal Communications Commission shall consider whether the mission
and goals of the E-Rate program would be better served by the following
modifications to the administration of the program:
(1) The establishment of a multi-year application for
Priority One services such that applicants would be required to
submit funding requests only once every 3 years for recurring
services (such as telephone and Internet access services).
(2) The use of an interactive Web site for communicating
with applicants.
(3) The deployment of interactive technology tools, such as
online application forms, as part of the application process to
reduce the use of paper-based means of communication and to
improve the ability of applicants to receive clear and current
information regarding their applications and the E-Rate
program.
SEC. 6. E-RATE FUND CAP MODIFICATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Federal Communications Commission shall
complete a proceeding to revise the amount of the cap provided for in
section 54.507(a) of title 47, Code of Federal Regulations, to account
for inflation.
(b) Report to Congress.--Not later than 30 days after completing
the proceeding required by subsection (a), the Federal Communications
Commission shall submit a report to Congress explaining what
methodology the Commission will use to determine the appropriate
adjustment under such subsection. | E-Rate 2.0 Act of 2010 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to implement a five-year pilot program which distributes funding to secondary schools participating in the E-Rate program (which provides discounted telecommunications services to certain schools and libraries) so that they can provide residential broadband service vouchers to students who are eligible to participate in the school lunch program and have a computer at home.
Includes community colleges and Head Start agencies in the E-Rate program. Directs the FCC to implement a pilot program that, for the five years following this Act's enactment, is the exclusive source of federal funding for broadband equipment and services for community colleges and Head Start agencies.
Requires the FCC to implement a four-year pilot program that allows secondary schools that are eligible for the highest percentage discounted rates under the E-Rate program to apply for meaningfully discounted services and technologies for the use of electronic books.
Directs the FCC to: (1) develop and implement policies and procedures to streamline and simplify the E-Rate program application process; and (2) complete the proceeding to revise the E-Rate program funding cap so that the cap accounts for inflation. | To amend the Communications Act of 1934 to create a pilot program to bridge the digital divide by providing vouchers for broadband service to eligible students, to increase access to advanced telecommunications and information services for community colleges and head start programs, to establish a pilot program for discounted electronic books, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historically Women's Public Colleges
or Universities Historic Building Restoration and Preservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historically women's public college or university.--The
term ``historically women's public college or university''
means a public institution of higher education created in the
United States between 1836 and 1908 to provide industrial
education for women, including the institutions listed in
clauses (i) though (viii) of section 3(d)(2)(A).
(2) Historic building or structure.--The term ``historic
building or structure'' means a building or structure listed
(or eligible to be listed) on the National Register of Historic
Places, designated as a National Historic Landmark, or located
within a designated historic district.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR
UNIVERSITIES.
(a) Authority To Make Grants.--
(1) In general.--From amounts made available under
paragraph (2), the Secretary shall award grants in accordance
with this section to historically women's public colleges or
universities for the preservation and restoration of historic
buildings and structures on their campuses.
(2) Source of funding.--Grants under paragraph (1) shall be
awarded from amounts appropriated to carry out the National
Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal
years 2001 through 2005.
(b) Grant Conditions.--Grants made under subsection (a) shall be
subject to the condition that the grantee agree, for the period of time
specified by the Secretary, that--
(1) no alteration will be made in the property with respect
to which the grant is made without the concurrence of the
Secretary; and
(2) reasonable public access to the property for which the
grant is made will be permitted by the grantee for interpretive
and educational purposes.
(c) Matching Requirement for Buildings and Structures Listed on the
National Register of Historic Places.--
(1) In general.--Except as provided by paragraph (2), the
Secretary may obligate funds made available under this section
for a grant with respect to a building or structure listed on
the National Register of Historic Places, designated as a
National Historic Landmark, or located within a designated
historic district, only if the grantee agrees to provide for
activities under the grant, from funds derived from non-Federal
sources, an amount equal to 50 percent of the costs of the
program to be funded under the grant with the Secretary
providing 50 percent of such costs under the grant.
(2) In-kind contributions.--In addition to cash outlays and
payments, in-kind contributions of property or personnel
services by non-Federal interests may be used for the non-
Federal share of costs required by paragraph (1).
(d) Funding Provisions.--
(1) Amounts to be made available.--Not more than
$16,000,000 for each of the fiscal years 2001 through 2005 may
be made available under this section.
(2) Allocations for fiscal year 2001.--
(A) In general.--Of the amounts made available
under this section for fiscal year 2001, there shall be
available only for grants under subsection (a)
$2,000,000 for each of the following:
(i) Mississippi University for Women in
Colombus, Mississippi.
(ii) Georgia College and State University
in Milledgeville, Georgia.
(iii) University of North Carolina in
Greensboro, North Carolina.
(iv) Winthrop University in Rock Hill,
South Carolina.
(v) University of Montevallo in Montevallo,
Alabama.
(vi) Texas Woman's University in Denton,
Texas.
(vii) University of Science and Arts of
Oklahoma in Chickasha, Oklahoma.
(viii) Wesleyan College in Macon, Georgia.
(B) Less than $16,000,000 available.--If less than
$16,000,000 is made available under this section for
fiscal year 2001, then the amount made available to
each of the institutions listed in subparagraph (A)
shall be reduced by the same amount.
(3) Allocations for fiscal years 2002-2005.--Any funds
which are made available during fiscal years 2002 through 2005
under subsection (a)(2) shall be distributed by the Secretary
in accordance with the provisions of subparagraphs (A) and (B)
of paragraph (2) to those grantees named in paragraph (2)(A)
which remain eligible and desire to participate, on a uniform
basis, in such fiscal years.
(e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this Act.
Passed the House of Representatives October 3, 2000.
Attest:
Clerk. | Sets forth: (1) grant conditions; (2) a 50 percent non-Federal funds matching requirement, including in- kind contributions; and (3) a limitation on the total amount of such grants in a fiscal year. Requires such amount for FY 2001 to be distributed equally among the following institutions: (1) Mississippi University for Women; (2) Georgia College and State University; (3) University of North Carolina at Greensboro, North Carolina; (4) Winthrop University in Rock Hill, South Carolina; (5) University of Montevallo in Montevallo, Alabama; (6) Texas Woman's University in Denton, Texas; (7) University of Science and Arts of Oklahoma in Chickasha, Oklahoma; and (8) Wesleyan College in Macon, Georgia. Requires such amounts for FY 2002 through 2005 also to be distributed among such institutions if they remain eligible and wish to participate, on a uniform basis, for such fiscal years. | Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restitution and Responsibility
Act''.
SEC. 2. GRANT PROGRAM.
(a) In General.--The Attorney General is authorized to provide
grants to States to enable the States to--
(1) collect data on victim restitution over a specified
period of time as determined by the Attorney General;
(2) create or expand automated data systems to track
restitution payments;
(3) make improvements in the manner in which restitution is
ordered and collected; and
(4) enhance and expand methods of enforcement of
restitution orders.
(b) Eligibility.--To be eligible to receive a grant under this Act,
a State shall--
(1) submit an application to the Attorney General, in such
form as the Attorney General shall require, that meets the
requirements of subsection (c); and
(2) certify that the State has a victim advocacy program
that--
(A) provides assistance to victims of crime
throughout the judicial process; and
(B) provides courts with a victim impact statement
prior to sentencing.
(c) Application.--An application meets the requirements of this
subsection if it includes--
(1) a description of the State's victim advocacy program;
(2) a description of the method by which the State compiles
or will compile data on restitution, including information on--
(A) restitution amounts ordered and collected;
(B) collection rates for incarcerated offenders and
offenders who are on probation;
(C) collection rates for offenders committing
felonies and for those committing misdemeanors; and
(D) rates of partial and full payment rates of
collection;
(3) documentation of a State's current problems in
ordering, collecting, and enforcing restitution;
(4) a description of State laws and practices related to
restitution;
(5) a description of administrative and legislative options
to improve ordering, collecting, and enforcing restitution;
(6) a description of the State's proposal to create or
expand an automated data processing system to track restitution
payments;
(7) a description of the State's plan to improve the
ordering of restitution, including--
(A) provisions to ensure that courts order
restitution whenever a victim suffers economic loss as
a result of unlawful conduct by a defendant;
(B) provisions to ensure that restitution is
ordered in the full amount of the victim's loss, as
determined by the court;
(C) the prioritization of restitution in the
ordering and disbursing of fees; and
(D) such other provisions consistent with the
purposes of this Act;
(8) a description of how the State will improve collection
of restitution payments, including--
(A) the establishment of a central accounting,
billing, and collection system that tracks the
offender's obligations and status in meeting those
obligations;
(B) a process by which information about an
offender's restitution payments is made available to
probation officials;
(C) adopting methods to ensure payments such as
automatic docketing, billing, wage withholding,
privatization of collection, withholding State grant
privileges, or seizure of state income tax refunds; and
(D) other provisions consistent with the purposes
of this Act;
(9) a description of how the State will enforce restitution
payments, including--
(A) assigning an agency responsible for the
enforcement of a restitution order;
(B) adopting policies to increase the intensity of
sanctions if an offender defaults on payments,
including--
(i) revoking a term of probation or parole;
(ii) modifying the terms or conditions of
probation or parole;
(iii) holding a defendant in contempt of
court;
(iv) entering a restraining order or
injunction; or
(v) ordering the sale of property of the
defendant;
(C) adopting procedures to ensure restitution
orders are entered as civil judgments upon entry to
allow a victim to execute judgment if restitution
payments are delinquent;
(D) such other provisions consistent with the
purposes of this Act; and
(10) the establishment of a community restitution fund
administered by a State agency into which restitution payments
are made by an offender (in addition to victim restitution
payments) and can be used to pay indigent offenders for
performing public service work.
(d) Waiver.--The Attorney General may waive the requirements under
subsection (c) for a State that demonstrates sufficient cause for lack
of compliance.
(e) Grant Period.--A grant under this Act shall be awarded for a
period of not more than 5 years.
SEC. 3. REPORT.
Each State receiving a grant under this Act shall submit an annual
report to the Attorney General that includes an evaluation of the
progress of the projects funded through the grant, an accounting of
expenditures, and such other provisions as may be required by the
Attorney General. The Attorney General shall issue an annual report to
Congress that includes the information submitted by States under this
section.
SEC. 4. EVALUATION.
(a) Final Evaluation.--Within a month after the award of the first
grant made under this Act, the Attorney General shall contract with an
independent organization to do a final evaluation of the projects
funded by this Act at the end of 5 years.
(b) Interim Evaluation.--The Attorney General shall conduct an
interim evaluation of the projects funded by this Act 3 years after the
first grant made under this Act.
(c) Content of Reports.--The reports required by subsections (a)
and (b) shall include the following information:
(1) An evaluation of data collection efforts.
(2) An assessment of whether ordering of restitution
increased and whether prioritizing restitution in fees
collected improved restitution payments.
(3) An analysis of whether the project was successful in
improving significantly restitution collection rates.
(4) An evaluation of most effective methods in improving
restitution collection and in enforcing restitution payments.
(5) An analysis of how effective automated data systems
were in increasing restitution collection.
(6) An analysis of States' use of the community restitution
fund and its effectiveness in ensuring indigent offenders pay
restitution.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 in each of
fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act. | Restitution and Responsibility Act - Authorizes the Attorney General to provide grants to enable the States to: (1) collect data on victim restitution over a specified period as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders.
Requires a State, to be eligible, to certify that it has a victim advocacy program that provides assistance to crime victims throughout the judicial process and provides courts with a victim impact statement prior to sentencing.
Sets forth provisions regarding: (1) application requirements (including descriptions of the State's victim advocacy program, the method by which the State compiles data on restitution, the State's plan to improve the ordering of restitution and collection of restitution payments, how the State will enforce such payments, and the establishment of a community restitution fund); (2) waivers; (3) grant period; (4) reporting requirements; and (5) grant evaluation. Authorizes appropriations. | Restitution and Responsibility Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manhattan Project National
Historical Park Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Manhattan Project was an unprecedented top-secret
program implemented during World War II to produce an atomic
bomb before Nazi Germany;
(2) a panel of experts convened by the President's Advisory
Council on Historic Preservation in 2001--
(A) stated that ``the development and use of the
atomic bomb during World War II has been called `the
single most significant event of the 20th century''';
and
(B) recommended that nationally significant sites
associated with the Manhattan Project be formally
established as a collective unit and be administered
for preservation, commemoration, and public
interpretation in cooperation with the National Park
Service;
(3) the Manhattan Project National Historical Park Study
Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary
of the Interior, in consultation with the Secretary of Energy,
to conduct a special resource study of the historically
significant sites associated with the Manhattan Project to
assess the national significance, suitability, and feasibility
of designating one or more sites as a unit of the National Park
System;
(4) after significant public input, the National Park
Service study found that ``including Manhattan Project-related
sites in the national park system will expand and enhance the
protection and preservation of such resources and provide for
comprehensive interpretation and public understanding of this
nationally significant story in the 20th century American
history'';
(5) the Department of the Interior, with the concurrence of
the Department of Energy, recommended the establishment of a
Manhattan Project National Historical Park comprised of
resources at--
(A) Oak Ridge, Tennessee;
(B) Los Alamos, New Mexico; and
(C) Hanford, in the Tri-Cities area, Washington;
and
(6) designation of a Manhattan Project National Historical
Park as a unit of the National Park System would improve the
preservation of, interpretation of, and access to the
nationally significant historic resources associated with the
Manhattan Project for present and future generations to gain a
better understanding of the Manhattan Project, including the
significant, far-reaching, and complex legacy of the Manhattan
Project.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to preserve and protect for the benefit of present and
future generations the nationally significant historic
resources associated with the Manhattan Project;
(2) to improve public understanding of the Manhattan
Project and the legacy of the Manhattan Project through
interpretation of the historic resources associated with the
Manhattan Project;
(3) to enhance public access to the Historical Park
consistent with protection of public safety, national security,
and other aspects of the mission of the Department of Energy;
and
(4) to assist the Department of Energy, Historical Park
communities, historical societies, and other interested
organizations and individuals in efforts to preserve and
protect the historically significant resources associated with
the Manhattan Project.
SEC. 4. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``Historical Park'' means
the Manhattan Project National Historical Park established
under section 5.
(2) Manhattan project.--The term ``Manhattan Project''
means the Federal program to develop an atomic bomb ending on
December 31, 1946.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) Date.--Not later than 1 year after the date of
enactment of this Act, there shall be established as a unit of
the National Park System the Manhattan Project National
Historical Park.
(2) Areas included.--The Historical Park shall consist of
facilities and areas listed under subsection (b) as determined
by the Secretary, in consultation with the Secretary of Energy.
The Secretary shall include the area referred to in subsection
(b)(3)(A), the B Reactor National Historic Landmark, in the
Historical Park.
(b) Eligible Areas.--The Historical Park may only be comprised of
one or more of the following areas, or portions of the areas, and
depicted in the map titled ___ and numbered ____:
(1) Oak ridge, tennessee.--Facilities, land, or interests
in land that are--
(A) at Buildings 9204-3 and 9731 at the Y-12
National Security Complex;
(B) at the X-10 Graphite Reactor at the Oak Ridge
National Laboratory;
(C) at the K-25 Building site at the East Tennessee
Technology Park; and
(D) at the former Guest House located at 210 East
Madison Road.
(2) Los alamos, new mexico.--Facilities, land, or interests
in land that are--
(A) in the Los Alamos Scientific Laboratory
National Historic Landmark District, or any addition to
the Landmark District proposed in the National Historic
Landmark Nomination--Los Alamos Scientific Laboratory
(LASL) NHL District (Working Draft of NHL Revision),
Los Alamos National Laboratory document LA-UR 12-00387
(January 26, 2012);
(B) at the former East Cafeteria located at 1670
Nectar Street; and
(C) at the former dormitory located at 1725 17th
Street.
(3) Hanford, washington.--Facilities, land, or interests in
land that are--
(A) the B Reactor National Historic Landmark;
(B) the Hanford High School in the town of Hanford
and Hanford Construction Camp Historic District;
(C) the White Bluffs Bank building in the White
Bluffs Historic District;
(D) the warehouse at the Bruggemann's Agricultural
Complex;
(E) the Hanford Irrigation District Pump House; and
(F) the T Plant (221-T Process Building).
(c) Written Consent of Owner.--No non-Federal property may be
included in the Historical Park without the written consent of the
owner.
SEC. 6. AGREEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Secretary of Energy (acting through
the Oak Ridge, Los Alamos, and Richland site offices) shall enter into
an agreement governing the respective roles of the Secretary and the
Secretary of Energy in administering the facilities, land, or interests
in land under the administrative jurisdiction of the Department of
Energy that is to be included in the Historical Park under section
5(b), including provisions for enhanced public access, management,
interpretation, and historic preservation.
(b) Responsibilities of the Secretary.--Any agreement under
subsection (a) shall provide that the Secretary shall--
(1) have decisionmaking authority for the content of
historic interpretation of the Manhattan Project for purposes
of administering the Historical Park; and
(2) ensure that the agreement provides an appropriate
advisory role for the National Park Service in preserving the
historic resources covered by the agreement.
(c) Responsibilities of the Secretary of Energy.--Any agreement
under subsection (a) shall provide that the Secretary of Energy--
(1) shall ensure that the agreement appropriately protects
public safety, national security, and other aspects of the
ongoing mission of the Department of Energy at the Oak Ridge
Reservation, Los Alamos National Laboratory, and Hanford Site;
(2) may consult with and provide historical information to
the Secretary concerning the Manhattan Project;
(3) shall retain responsibility, in accordance with
applicable law, for any environmental remediation that may be
necessary in or around the facilities, land, or interests in
land governed by the agreement; and
(4) shall retain authority and legal obligations for
historic preservation and general maintenance, including to
ensure safe access, in connection with the Department's
Manhattan Project resources.
(d) Amendments.--The agreement under subsection (a) may be amended,
including to add to the Historical Park facilities, land, or interests
in land within the eligible areas described in section 5(b) that are
under the jurisdiction of the Secretary of Energy.
SEC. 7. PUBLIC PARTICIPATION.
(a) In General.--The Secretary shall consult with interested State,
county, and local officials, organizations, and interested members of
the public--
(1) before executing any agreement under section 6; and
(2) in the development of the general management plan under
section 8(b).
(b) Notice of Determination.--Not later than 30 days after the date
on which an agreement under section 6 is entered into, the Secretary
shall publish in the Federal Register notice of the establishment of
the Historical Park, including an official boundary map.
(c) Availability of Map.--The official boundary map published under
subsection (b) shall be on file and available for public inspection in
the appropriate offices of the National Park Service. The map shall be
updated to reflect any additions to the Historical Park from eligible
areas described in section 5(b).
(d) Additions.--Any land, interest in land, or facility within the
eligible areas described in section 5(b) that is acquired by the
Secretary or included in an amendment to the agreement under section
6(d) shall be added to the Historical Park.
SEC. 8. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Historical Park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) General Management Plan.--Not later than 3 years after the date
on which funds are made available to carry out this section, the
Secretary, with the concurrence of the Secretary of Energy, and in
consultation and collaboration with the Oak Ridge, Los Alamos and
Richland Department of Energy site offices, shall complete a general
management plan for the Historical Park in accordance with section
12(b) of Public Law 91-383 (commonly known as the ``National Park
Service General Authorities Act'') (16 U.S.C. 1a-7(b)).
(c) Interpretive Tours.--The Secretary may, subject to applicable
law, provide interpretive tours of historically significant Manhattan
Project sites and resources in the States of Tennessee, New Mexico, and
Washington that are located outside the boundary of the Historical
Park.
(d) Land Acquisition.--
(1) In general.--The Secretary may acquire land and
interests in land within the eligible areas described in
section 5(b) by--
(A) transfer of administrative jurisdiction from
the Department of Energy by agreement between the
Secretary and the Secretary of Energy;
(B) donation; or
(C) exchange.
(2) No use of condemnation.--The Secretary may not acquire
by condemnation any land or interest in land under this Act or
for the purposes of this Act.
(e) Donations; Cooperative Agreements.--
(1) Federal facilities.--
(A) In general.--The Secretary may enter into one
or more agreements with the head of a Federal agency to
provide public access to, and management,
interpretation, and historic preservation of,
historically significant Manhattan Project resources
under the jurisdiction or control of the Federal
agency.
(B) Donations; cooperative agreements.--The
Secretary may accept donations from, and enter into
cooperative agreements with, State governments, units
of local government, tribal governments, organizations,
or individuals to further the purpose of an interagency
agreement entered into under subparagraph (A) or to
provide visitor services and administrative facilities
within reasonable proximity to the Historical Park.
(2) Technical assistance.--The Secretary may provide
technical assistance to State, local, or tribal governments,
organizations, or individuals for the management,
interpretation, and historic preservation of historically
significant Manhattan Project resources not included within the
Historical Park.
(3) Donations to department of energy.--For the purposes of
this Act, or for the purpose of preserving and providing access
to historically significant Manhattan Project resources, the
Secretary of Energy may accept, hold, administer, and use
gifts, bequests, and devises (including labor and services).
SEC. 9. CLARIFICATION.
(a) No Buffer Zone Created.--Nothing in this Act, the establishment
of the Historical Park, or the management plan for the Historical Park
shall be construed to create buffer zones outside of the Historical
Park. That an activity can be seen and heard from within the Historical
Park shall not preclude the conduct of that activity or use outside the
Historical Park.
(b) No Cause of Action.--Nothing in this Act shall constitute a
cause of action with respect to activities outside or adjacent to the
established boundary of the Historical Park. | Manhattan Project National Historical Park Act - (Sec. 5) Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford.
(Sec. 6) Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park.
Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement.
Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance.
(Sec. 7) Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan.
(Sec. 8) Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices.
Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park.
Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act.
Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park.
Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park.
(Sec. 9) Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park.
Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park. | To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Chemical and
Biological Warfare Agent Exposure Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Commission on Chemical and Biological Warfare Agent Exposure''
(in this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 9 members (in
this Act referred to as the ``members'') who shall be appointed as
follows:
(1) 3 members shall be appointed by the President.
(2) 2 members shall be appointed by the Speaker of the
House of Representatives.
(3) 1 member shall be appointed by the minority leader of
the House of Representatives.
(4) 2 members shall be appointed by the President pro
tempore of the Senate.
(5) 1 member shall be appointed by the minority leader of
the Senate.
(c) Qualifications.--
(1) In general.--Members shall be appointed from among
individuals with knowledge and expertise relevant to the duties
of the Commission, and may not be officers or employees of the
United States.
(2) Exception.--A member who, when appointed to the
Commission, was not an officer or employee of the United
States, and who later becomes such an officer or employee may
continue as a member for not longer than the 30-day period
beginning on the date that the member becomes such an officer
or employee.
(d) Initial Appointments.--All initial appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(e) Chairman.--The Chairman of the Commission (in this Act referred
to as the ``Chairman'') shall be elected by the members.
(f) Period of Appointment.--Each member shall be appointed for the
life of the Commission.
(g) Security Clearances.--All members of the Commission shall apply
for appropriate security clearances. The Secretary of Defense shall
provide expedited processing of security clearances of members.
(h) Initial Meeting.--The Commission shall convene its first
meeting not later than 30 days after the date as of which all initial
appointments to the Commission have been made.
SEC. 3. INVESTIGATION.
The Commission shall investigate the following:
(1) The presence of chemical and biological warfare agents
in the Persian Gulf theater during the Persian Gulf conflict,
the amounts and locations of the agents present, and the
proximity of members of the Armed Forces to such locations.
(2) The location and nature of all releases, detections, or
reports of chemical or biological warfare agents in connection
with the Persian Gulf conflict, the identity of the units of
the Armed Forces and the number of individuals potentially
exposed to the agents, and the degree of exposure to the
agents.
(3) The level of preparedness of members of the Armed
Forces to recognize and respond to possible exposure to
chemical and biological warfare agents during the Persian Gulf
conflict, the appropriateness of standards used by the Armed
Forces to evaluate low levels of exposure to the agents, the
adequacy of medical training and procedures of the Armed Forces
for identifying and treating exposure to the agents, the
adequacy of information provided to members of the Armed Forces
on the possible presence or release of the agents, and the
appropriateness of instructions and procedures followed to
protect members of the Armed Forces from exposure to the
agents.
(4) The handling by the Department of Defense of reports on
the use, presence, destruction, storage, and transportation of
chemical and biological weapons in connection with the Persian
Gulf conflict.
(5) The adequacy of the recordkeeping and reporting
procedures of the Department of Defense with respect to
exposure to chemical and biological warfare agents.
(6) The adequacy of Department of Defense training,
preparation, detection, and safety procedures concerning
chemical and biological warfare agents.
SEC. 4. REPORT.
Not later than 2 years after the first meeting of the Commission,
the Commission shall submit to the President and the Congress a report
containing--
(1) the results and findings of the investigation conducted
under section 3; and
(2) recommendations for such changes as the Commission
considers appropriate, in the recordkeeping, reporting,
preparation, and training procedures of the Department of
Defense with respect to exposure to chemical and biological
warfare agents, to improve the safety and readiness of members
of the Armed Forces.
SEC. 5. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers appropriate. The Commission may administer oaths
to witnesses appearing before it.
(b) Obtaining Information.--The Commission may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this Act. Upon request of the Chairman, the head
of that department or agency shall furnish that information to the
Commission in a full and timely manner.
(c) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter under
investigation by the Commission.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey an order or subpoena of the Commission that is
issued in connection with a Commission proceeding, the
Commission may apply to the United States district court in the
judicial district in which the proceeding is held for an order
requiring the person to comply with the subpoena or order.
(d) Immunity.--The Commission is an agency of the United States for
purposes of part V of title 18, United States Code (relating to
immunity of witnesses).
(e) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for services
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
SEC. 6. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--5 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(c) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this Act.
SEC. 7. PERSONNEL MATTERS.
(a) Pay of Members.--Members shall not be paid by reason of their
service as members.
(b) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(c) Director.--The Commission shall have a Director who shall be
appointed by the Chairman.
(d) Staff.--With the approval of the Commission and as the Director
considers appropriate, the Director may--
(1) appoint trained investigators and other Commission
personnel; and
(2) fix the pay of such trained investigators and other
Commission personnel.
(e) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the United States.
(b) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974) authorized
by this Act shall be effective only to such extent and in such amounts
as are provided in advance in appropriations Acts.
SEC. 10. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after submitting its report
pursuant to section 4. | Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and U.S. military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of U.S. military personnel.
Terminates the Commission 60 days after such report. | Commission on Chemical and Biological Warfare Agent Exposure Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apples for Teachers Act''.
SEC. 2. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO
APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Section 67(b) of the Internal Revenue Code of 1986
(defining miscellaneous itemized deductions) is amended by striking
``and'' at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(13) any deduction allowable for the qualified
professional development expenses paid or incurred by an
eligible teacher.''.
(b) Definitions.--Section 67 of such Code (relating to 2-percent
floor on miscellaneous itemized deductions) is amended by adding at the
end the following new subsection:
``(g) Qualified Professional Development Expenses of Eligible
Teachers.--For purposes of subsection (b)(13)--
``(1) Qualified professional development expenses.--
``(A) In general.--The term `qualified professional
development expenses' means expenses--
``(i) for tuition, fees, books, supplies,
equipment, and transportation required for the
enrollment or attendance of an individual in a
qualified course of instruction, and
``(ii) with respect to which a deduction is
allowable under section 162 (determined without
regard to this section).
``(B) Qualified course of instruction.--The term
`qualified course of instruction' means a course of
instruction which--
``(i) is--
``(I) directly related to the
curriculum and academic subjects in
which an eligible teacher provides
instruction, or
``(II) designed to enhance the
ability of an eligible teacher to
understand and use State standards for
the academic subjects in which such
teacher provides instruction,
``(ii) may--
``(I) provide instruction in how to
teach children with different learning
styles, particularly children with
disabilities and children with special
learning needs (including children who
are gifted and talented), or
``(II) provide instruction in how
best to discipline children in the
classroom and identify early and
appropriate interventions to help
children described in subclause (I) to
learn,
``(iii) is tied to challenging State or
local content standards and student performance
standards,
``(iv) is tied to strategies and programs
that demonstrate effectiveness in increasing
student academic achievement and student
performance, or substantially increasing the
knowledge and teaching skills of an eligible
teacher,
``(v) is of sufficient intensity and
duration to have a positive and lasting impact
on the performance of an eligible teacher in
the classroom (which shall not include 1-day or
short-term workshops and conferences), except
that this clause shall not apply to an activity
if such activity is one component described in
a long-term comprehensive professional
development plan established by an eligible teacher and the teacher's
supervisor based upon an assessment of the needs of the teacher, the
students of the teacher, and the local educational agency involved, and
``(vi) is part of a program of professional
development which is approved and certified by
the appropriate local educational agency as
furthering the goals of the preceding clauses.
``(C) Local educational agency.--The term `local
educational agency' has the meaning given such term by
section 14101 of the Elementary and Secondary Education
Act of 1965, as in effect on the date of the enactment
of this subsection.
``(2) Eligible teacher.--
``(A) In general.--The term `eligible teacher'
means an individual who is a kindergarten through grade
12 classroom teacher in an elementary or secondary
school.
``(B) Elementary or secondary school.--The terms
`elementary school' and `secondary school' have the
meanings given such terms by section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so
in effect.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE
CLASSROOM MATERIALS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO
PROVIDE CLASSROOM MATERIALS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for such taxable year an amount equal to the qualified
elementary and secondary education expenses which are paid or incurred
by the taxpayer during such taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $400.
``(c) Definitions.--
``(1) Eligible teacher.--The term `eligible teacher' means
an individual who is a kindergarten through grade 12 classroom
teacher, instructor, counselor, aide, or principal in an
elementary or secondary school on a full-time basis for an
academic year ending during a taxable year.
``(2) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' means expenses for books, supplies (other
than nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including related
software and services) and other equipment, and supplementary
materials used by an eligible teacher in the classroom.
``(3) Elementary or secondary school.--The term `elementary
or secondary school' means any school which provides elementary
education or secondary education (through grade 12), as
determined under State law.
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under this chapter for any expense for which credit is
allowed under this section.
``(2) Application with other credits.--The credit allowable
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit to elementary and
secondary school teachers who
provide classroom materials.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Apples for Teachers Act - Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to the qualified professional development expenses incurred by teachers; and (2) allow a credit to elementary and secondary school teachers who provide classroom materials. | To amend the Internal Revenue Code of 1986 to provide tax relief to elementary and secondary school teachers. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Affordable Drugs from
Canada Act of 2015''.
SEC. 2. SAFE AND AFFORDABLE DRUGS FROM CANADA.
Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381 et seq.) is amended by adding at the end the following:
``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS FROM
CANADA.
``(a) In General.--Notwithstanding any other provision of this Act,
not later than 180 days after the date of enactment of this section,
the Secretary shall promulgate regulations permitting individuals to
safely import into the United States a prescription drug described in
subsection (b).
``(b) Prescription Drug.--A prescription drug described in this
subsection--
``(1) is a prescription drug that--
``(A) is purchased from an approved Canadian
pharmacy;
``(B) is dispensed by a pharmacist licensed to
practice pharmacy and dispense prescription drugs in
Canada;
``(C) is purchased for personal use by the
individual, not for resale, in quantities that do not
exceed a 90-day supply;
``(D) is filled using a valid prescription issued
by a physician licensed to practice in a State in the
United States; and
``(E) has the same active ingredient or
ingredients, route of administration, dosage form, and
strength as a prescription drug approved by the
Secretary under chapter V; and
``(2) does not include--
``(A) a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802));
``(B) a biological product (as defined in section
351 of the Public Health Service Act (42 U.S.C. 262));
``(C) an infused drug (including a peritoneal
dialysis solution);
``(D) an intravenously injected drug;
``(E) a drug that is inhaled during surgery;
``(F) a parenteral drug;
``(G) a drug manufactured through 1 or more
biotechnology processes, including--
``(i) a therapeutic DNA plasmid product;
``(ii) a therapeutic synthetic peptide
product of not more than 40 amino acids;
``(iii) a monoclonal antibody product for
in vivo use; and
``(iv) a therapeutic recombinant DNA-
derived product;
``(H) a drug required to be refrigerated at any
time during manufacturing, packing, processing, or
holding; or
``(I) a photoreactive drug.
``(c) Approved Canadian Pharmacy.--
``(1) In general.--In this section, an approved Canadian
pharmacy is a pharmacy that--
``(A) is located in Canada; and
``(B) that the Secretary certifies--
``(i) is licensed to operate and dispense
prescription drugs to individuals in Canada;
and
``(ii) meets the criteria under paragraph
(3).
``(2) Publication of approved canadian pharmacies.--The
Secretary shall publish on the Internet Web site of the Food
and Drug Administration a list of approved Canadian pharmacies,
including the Internet Web site address of each such approved
Canadian pharmacy, from which individuals may purchase
prescription drugs in accordance with subsection (a).
``(3) Additional criteria.--To be an approved Canadian
pharmacy, the Secretary shall certify that the pharmacy--
``(A) has been in existence for a period of at
least 5 years preceding the date of such certification
and has a purpose other than to participate in the
program established under this section;
``(B) operates in accordance with pharmacy
standards set forth by the provincial pharmacy rules
and regulations enacted in Canada;
``(C) has processes established by the pharmacy, or
participates in another established process, to certify
that the physical premises and data reporting
procedures and licenses are in compliance with all
applicable laws and regulations, and has implemented
policies designed to monitor ongoing compliance with
such laws and regulations;
``(D) conducts or commits to participate in ongoing
and comprehensive quality assurance programs and
implements such quality assurance measures, including
blind testing, to ensure the veracity and reliability
of the findings of the quality assurance program;
``(E) agrees that laboratories approved by the
Secretary shall be used to conduct product testing to
determine the safety and efficacy of sample
pharmaceutical products;
``(F) has established, or will establish or
participate in, a process for resolving grievances and
will be held accountable for violations of established
guidelines and rules;
``(G) does not resell products from online
pharmacies located outside Canada to customers in the
United States; and
``(H) meets any other criteria established by the
Secretary.''. | Safe and Affordable Drugs from Canada Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Department of Health and Human Services (HHS) to promulgate regulations within 180 days permitting individuals to import a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Sets forth exceptions, including for controlled substances and biological products. Establishes a certification process for approving Canadian pharmacies. Requires HHS to publish a list of approved Canadian pharmacies. | Safe and Affordable Drugs from Canada Act of 2015 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifelong Improvements in Food and
Exercise (LIFE) Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Currently, 64.5 percent of adults in the United States,
age 20 years and older, are overweight and 30.5 percent of them
are obese.
(2) Data from two National Health and Nutrition Examination
Surveys show that among adults aged 20-74 years the prevalence
of obesity increased from 15.0 percent in the 1976-1980 survey
to 32.9 percent in the 2003-2004 survey.
(3) 50 percent of women aged 20 to 74 are overweight or
obese in the United States according to the National Women's
Health Information Center.
(4) In 2003-04, of children and adolescents 2-19 years of
age more than 12,500,000 (or 17.1 percent) were overweight, and
of adults more than 66,000,000 (or 32.2 percent) were obese.
Almost 5 percent of adults were extremely obese.
(5) The percentage of children who are overweight has more
than doubled, and among adolescents the rates have more than
tripled, since 1980 increasing from 5 percent to 17.1 percent.
(6) More than 50 percent of adults in the United States do
not get enough physical activity and national data have shown
an increase in the calorie consumption of adults.
(7) About two-thirds of young people in grades 9-12 are not
engaged in recommended levels of physical activity. Daily
participation in high school physical education classes dropped
from 42 percent in 1991 to 33 percent in 2005.
(8) The rising rates of obesity portend greater disease and
health conditions including hypertension, high total
cholesterol, Type 2 diabetes, coronary heart disease, stroke,
gallbladder disease, osteoporosis, sleep apnea, and respiratory
problems, and some cancers, such as endometrial, breast, and
colon cancer.
(9) Many underlying factors have been linked to the
increase in obesity, such as increasing portion sizes, eating
out more often, increased consumption of sugar-sweetened
drinks, increasing television, computer, and electronic gaming
time, changing labor markets, and fear of crime, which prevents
outdoor exercise.
(10) Chronic diseases account for 1.7 million, or 70
percent, of all deaths in the United States each year. Although
chronic diseases are among the most common and costly health
problems, they are also among the most preventable. Adopting a
healthy lifestyle such as eating nutritious foods and engaging
in physical activity, can prevent or control the devastating
effects of these diseases. Although chronic diseases are among
the most common and costly health problems, they are also among
the most preventable.
(11) According to the Surgeon General's Call to Action to
Prevent and Decrease Overweight and Obesity, the cost of
obesity in the United States in 2000 was more than $117
billion.
SEC. 3. REDUCTION IN PREVALENCE OF OBESITY; PROGRAM FOR LIFELONG
IMPROVEMENTS IN FOOD AND EXERCISE.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following
section:
``reduction in prevalence of obesity
``Sec. 317T. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall carry
out a national program to conduct and support activities regarding
individuals who are overweight or obese in order to make progress
toward the goal of significantly reducing the number of cases of
obesity among individuals in the United States.
``(b) Certain Activities.--In carrying out subsection (a), the
Secretary shall (directly or through grants or contracts) carry out the
following with respect to individuals who are overweight:
``(1) Activities to train health professionals to recognize
that patients are overweight and to recommend prevention
activities regarding such condition, including educating
patients on the relationship between such condition and
cardiovascular disease, diabetes and other health conditions,
and on proper nutrition and regular physical activities.
``(2) Activities to educate the public with respect to the
condition of being overweight, including the development of a
strategy for a public awareness campaign.
``(3) The development and demonstration of intervention
strategies for use at worksites and in community settings such
as hospitals and community health centers.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $15,000,000
for fiscal year 2009, and such sums as may be necessary for each of the
fiscal years 2010 through 2013.''. | Lifelong Improvements in Food and Exercise (LIFE) Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing obesity in the United States. Requires such activities to include: (1) training health professionals; (2) educating the public; and (3) developing and demonstrating intervention strategies for use at worksites and in community settings. | To amend the Public Health Service Act to provide for a national program to conduct and support activities toward the goal of significantly reducing the number of cases of overweight and obesity among individuals in the United States. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``Alaska Native Veteran
Allotments'';
(B) by striking paragraphs (1) through (4) and
inserting the following:
``(1) Allotments.--
``(A) Eligible recipients.--Any person described in
paragraph (1) or (2) of subsection (b) shall be
eligible to receive an allotment under the Act of May
17, 1906 (34 Stat. 197, chapter 2469), of not more than
2 parcels of Federal land, the total area of which
shall not exceed 160 acres.
``(B) Filing deadline.--An allotment shall be filed
for an eligible recipient not later than 3 years after
the date on which the Secretary promulgates regulations
pursuant to section 3 of the Alaska Native Veterans
Land Allotment Equity Act.
``(2) Land available for allotments.--
``(A) In general.--An allotment under this section
shall be selected from land that is--
``(i)(I) vacant; and
``(II) owned by the United States;
``(ii) selected by, or conveyed to, the
State of Alaska, if the State voluntarily
relinquishes or conveys to the United States
the land for the allotment; or
``(iii) selected by, or conveyed to, a
Native Corporation, if the Native Corporation
voluntarily relinquishes or conveys to the
United States the land for the allotment.
``(B) Relinquishment by native corporation.--If a
Native Corporation relinquishes land under subparagraph
(A)(iii), the Native Corporation may select appropriate
Federal land, as determined by the Secretary, the area
of which is equal to the area of the land relinquished
by the Native Corporation, to replace the relinquished
land.
``(C) Exclusions.--An allotment under this section
shall not be selected from land that is located
within--
``(i) a right-of-way of the TransAlaska
Pipeline; or
``(ii) an inner or outer corridor of such a
right-of-way.
``(3) Alternative allotments.--A person described in
paragraph (1) or (2) of subsection (b) who qualifies for an
allotment under this section on land described in paragraph
(2)(C) may select an alternative allotment from land that is--
``(A) located within the boundaries land described
in paragraph (2)(C); and
``(B)(i)(I) withdrawn under section 11(a)(1)(C);
and
``(II) not selected, or relinquished after
selection, under section 11(a)(3);
``(ii) contiguous to an outer boundary of land
withdrawn under section 11(a)(1)(C), unless that land
is within a National Park; or
``(iii) vacant, unappropriated, and unreserved.'';
and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) is a veteran who served during the period beginning
August 5, 1964, and ending May 7, 1975.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Deceased individuals.--If an individual who would
otherwise have been eligible for an allotment under this
section dies before applying for an allotment, an heir of the
individual may apply for, and receive, an allotment under this
section, on behalf of the estate of the individual.'';
(C) in paragraph (3), by inserting before the
period at the end the following: ``, other than an heir
who applies for, and receives, an allotment on behalf
of the estate of a deceased individual under paragraph
(2).'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(4) by adding at the end the following:
``(d) Approval of Allotments.--
``(1) In general.--Subject to any valid right in existence
on the date of enactment of the Alaska Native Veterans Land
Allotment Equity Act, and except as provided in paragraph (3),
not later than January 31, 2010, the Secretary shall--
``(A) approve any application for an allotment
filed in accordance with subsection (a); and
``(B) issue a certificate of allotment under any
term, condition, or restriction as the Secretary
determines to be appropriate.
``(2) Notification.--Not later than October 31, 2007, on
receipt of an application for an allotment under this section,
the Secretary shall provide to any person or entity that has an
interest in land described in subsection (a)(2) that is
potentially adverse to the interest of the applicant notice of
the right of the person or entity, not later than 90 days after
the date of receipt of the notice--
``(A) to initiate a private contest of the
allotment; or
``(B) to file a protest against the allotment in
accordance with procedures established by the
Secretary.
``(3) Action by secretary.--If a private contest or protest
relating to an application for an allotment is initiated or
filed under paragraph (2), the Secretary shall not issue a
certificate to the allotment under paragraph (1)(B) until a
final determination has been made with respect to the private
contest or protest.
``(e) Reselection.--A person that selected an allotment under this
section may withdraw that selection and reselect land in accordance
with this section after the date of enactment of the Alaska Native
Veterans Land Allotment Equity Act, if the land originally selected--
``(1) was selected before the date of enactment of the
Alaska Native Veterans Land Allotment Equity Act; and
``(2) as of the date of enactment of that Act, was not
conveyed to the person.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate final regulations to carry
out the amendments made by this Act. | Alaska Native Veterans Land Allotment Equity Act - Amends the Alaska Native Claims Settlement Act (ANCSA) with respect to the open season during which certain Alaska Native Vietnam veterans are eligible to file for allotments of up to two parcels of federal land totaling up to 160 acres. Ends such open season three years after regulations have been issued under this Act.
Revises the requirements for selection of such allotments. Allows allotments to be selected from land that is selected by or conveyed to the State of Alaska or a Native Corporation if the State or Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment.
Limits the prohibition against the conveyance of certain allotments to: (1) lands within the right-of-way granted for the TransAlaska Pipeline; or (2) the inner or outer corridor of such right-of-way.
Expands the eligibility for allotment to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir (currently, only the personal representative or special administrator for the benefit of heirs) to apply for and receive an allotment on behalf of the estate of a deceased eligible individual.
Prescribes criteria for the approval of allotment applications.
Permits any person who made an allotment selection under this Act to withdraw it and reselect land in accordance with this Act, if the land originally selected: (1) was selected before enactment of this Act; and (2) as of the enactment of this Act, was not conveyed to the person. | A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Pipeline Safety Act of
2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes are an invaluable national resource,
containing one-fifth of the world's fresh surface water and 95
percent of the United States freshwater supply;
(2) over 40,000,000 people depend on the Great Lakes for
fresh drinking water;
(3) the Great Lakes provide 56,000,000,000 gallons of water
per day for municipal, agricultural and industrial use;
(4) there are more than 3,500 species of plants and animals
within the Great Lakes ecosystem;
(5) hundreds of thousands of jobs, tied to the
$7,000,000,000 recreational fishing and $16,000,000,000
recreational boating industries, directly depend on the Great
Lakes;
(6) currently, several million gallons per day of hazardous
liquids are transported by pipeline across various points along
the Great Lakes;
(7) modeling studies by the University of Michigan in 2014
and 2016 have concluded that an oil spill originating from a
pipeline under the Straits of Mackinac would present
particularly severe consequences, potentially impacting over
700 miles of Great Lakes shoreline;
(8) a joint NOAA-U.S. Coast Guard guidebook on oil spill
response planning in marine environments states that, during
the first 24 to 48 hours of open water exposure, most oil
spills become difficult to recover, burn, or chemically
disperse;
(9) swift currents beneath the straits and waterways which
connect the Great Lakes could rapidly disperse oil spill
contaminants following a pipeline breach;
(10) certain pipelines on the Great Lakes are located in
close proximity to municipal drinking water collection intakes
for millions of people; and
(11) the United States should seek to protect the Great
Lakes, as a unique national asset, from unreasonable risk of
environmental and economic harm.
SEC. 3. STUDY ON ECONOMIC AND ENVIRONMENTAL RISKS TO THE GREAT LAKES.
(a) Study.--Notwithstanding a pipeline integrity management
program, integrity management assessment schedule, or considerations by
the Secretary of Transportation resulting in a corrective action order
pursuant to section 60112 of title 49, United States Code, not later
than 18 months after the date of enactment of this Act, the Secretary
shall, in consultation with the United States Coast Guard, the
Environmental Protection Agency, the Federal Energy Regulatory
Commission, and other agencies as appropriate, conduct a study to
determine the economic and environmental risks to the Great Lakes of
spills or leaks of oil or other hazardous liquids in the Straits of
Mackinac from a rupture, breakage, or other failure of onshore,
underwater pipeline facilities within the Straits.
(b) Contents.--The study required under subsection (a) shall--
(1) meet the content requirements of an environmental
impact statement as described in part 1502 of title 40, Code of
Federal Regulations;
(2) describe the potential impacts of such spills or leaks
to the public health or welfare, wildlife populations,
ecosystems, shorelines, public and private property, economic
activity, and water quality in the Great Lakes and connecting
waterways;
(3) include an assessment of spill responses in a variety
of likely and worst-case spill scenarios in those waters; and
(4) include the supplemental study conducted under
subsection (c).
(c) Supplemental Study.--The Secretary of Transportation shall
conduct, in collaboration with pipeline facility operators and any
necessary agencies, a supplemental study to evaluate the condition and
structural integrity of onshore, underwater pipeline facilities in the
Straits of Mackinac, taking into consideration the age, construction
materials, external and internal corrosion, weld integrity, pressure,
underwater currents, possible external damage caused by anchor strikes
or dragging by recreational or cargo vessels, and the presence of in-
line shutoff valves. Such supplemental study shall utilize both
internal inspection technology and pipeline route surveys, depth of
cover surveys, pressure tests, external corrosion direct assessment, or
other technology that the operator demonstrates can further the
understanding of the condition of the pipeline facility.
(d) Termination of Operation.--Not later than 18 months after the
date of enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall terminate the
operations of an onshore, underwater pipeline facility located in the
Straits of Mackinac if the Administrator determines that, based on the
studies conducted under subsections (a) and (c), such facility poses a
sufficient risk of hazard to life, property, or the environment to
necessitate the termination. | Great Lakes Pipeline Safety Act of 2016 This bill directs the Department of Transportation (DOT) to conduct a study to determine the economic and environmental risks of oil or hazardous liquids spills or leaks in the Straits of Mackinac that a failure of onshore, underwater pipeline facilities within the straits would pose to the Great Lakes. In addition, DOT must evaluate the condition and structural integrity of the facilities. DOT shall terminate operations of a facility upon a determination, based on such studies, that risk of hazard to life, property, or the environment warrants termination. | Great Lakes Pipeline Safety Act of 2016 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Accountability and
Review of Federal Agencies Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on the
Accountability and Review of Federal Agencies (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall consist of 12
members, all of whom shall be appointed by the President not
later than 90 days after the date of enactment of this Act.
(2) Chairperson and vice chairperson.--The President shall
designate a chairperson and vice chairperson from among the
members of the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(2) Subsequent meetings.--The Commission shall meet at the
call of the chairperson.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Definition.--In this section:
(1) In general.--Except as provided in paragraph (2), the
term ``agency'' has the meaning given the term ``executive
agency'' under section 105 of title 5, United States Code.
(2) Exception.--The term ``agency'' does not include the
Department of Defense or its subdivisions.
(b) In General.--The Commission shall--
(1) evaluate all agencies and programs within those
agencies, using the criteria under subsection (c); and
(2) submit to Congress--
(A) a plan with recommendations of the agencies and
programs that should be realigned or eliminated; and
(B) proposed legislation to implement the plan
described under subparagraph (A).
(c) Criteria.--
(1) Duplicative.--If 2 or more agencies or programs are
performing the same essential function and the function can be
consolidated or streamlined into a single agency or program,
the Commission shall recommend that the agency or program be
realigned.
(2) Wasteful or inefficient.--The Commission shall
recommend the realignment or elimination of any agency or
program that has wasted Federal funds by--
(A) egregious spending;
(B) mismanagement of resources and personnel; or
(C) use of such funds for personal benefit or the
benefit of a special interest group.
(3) Outdated, irrelevant, or failed.--The Commission shall
recommend the elimination of any agency or program that--
(A) has completed its intended purpose;
(B) has become irrelevant; or
(C) has failed to meet its objectives.
(d) Systematic Assessment of Programs.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall--
(A) establish a systematic method for assessing the
effectiveness and accountability of agency programs;
and
(B) submit, to the Commission, assessments of not
less than \1/2\ of all programs covered under
subsection (b)(1) that use the method established under
subparagraph (A).
(2) Method objectives.--The method established under
paragraph (1) shall--
(A) recognize different types of federal programs;
(B) assess programs based primarily on the
achievement of performance goals (as defined under
section 1115(f)(4) of title 31, United States Code);
and
(C) assess programs based in part on the adequacy
of the program's performance measures, financial
management, and other factors determined by the
President.
(3) Development.--The method established under paragraph
(1) shall not be implemented until it has been reviewed and
accepted by the Commission.
(4) Consideration of assessments.--The Commission shall
consider assessments submitted under this subsection when
evaluating programs under subsection (b)(1).
(e) Common Performance Measures.--Not later than 1 year after the
date of enactment of this Act, the President shall identify common
performance measures for programs covered in subsection (b)(1) that
have similar functions and, to the extent feasible, provide the
Commission with data on such performance measures.
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report that includes--
(A) the plan described under subsection (b)(2)(A),
with supporting documentation for all recommendations;
and
(B) the proposed legislation described under
subsection (b)(2)(B).
(2) Use of savings.--The proposed legislation described
under subsection (b)(2)(B) shall provide that all funds saved
by the implementation of the plan described under subsection
(b)(2)(A) shall be used to--
(A) support other domestic programs; or
(B) pay down the national debt.
(3) Relocation of federal employees.--The proposed
legislation under paragraph (1)(B) shall provide that if the
position of an employee of an agency is eliminated as a result
of the implementation of the plan under paragraph (1)(A), the
affected agency shall make reasonable efforts to relocate such
employee to another position within the agency or within
another Federal agency.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this Act--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as any member of the Commission considers
advisable;
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses as any member of the Commission
considers advisable; and
(3) require, by subpoena or otherwise, the production of
such books, records, correspondence, memoranda, papers,
documents, tapes, and other evidentiary materials relating to
any matter under investigation by the Commission.
(b) Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the chairperson of the Commission and
shall be served by any person or class of persons designated by
the chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or other
evidence. Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal members.--Except as provided under
subsection (b), each member of the Commission who is not an
officer or employee of the Federal Government shall not be
compensated.
(2) Federal officers or employees.--All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--Upon the approval of the chairperson,
the executive director may fix the compensation of the
executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the
maximum rate payable for a position at GS-15 of the General
Schedule under section 5332 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive 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.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 6. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report under section 3(f).
SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Definitions.--In this section:
(1) Implementation bill.--The term ``implementation bill''
means only a bill which is introduced as provided under
subsection (b), and contains the proposed legislation included
in the report submitted to Congress under section 3, without
modification.
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than 1 on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(b) Introduction; Referral; and Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session, on or immediately following the date on
which the report is submitted to Congress under section 3, a
single implementation bill shall be introduced (by request)--
(A) in the Senate by the Majority Leader of the
Senate, for himself and the Minority Leader of the
Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate; and
(B) in the House of Representatives by the Speaker
of the House of Representatives, for himself and the
Minority Leader of the House of Representatives, or by
Members of the House of Representatives designated by
the Speaker and Minority Leader of the House of
Representatives.
(2) Referral.--The implementation bills introduced under
paragraph (1) shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate committee of
jurisdiction in the House of Representatives. A committee to
which an implementation bill is referred under this paragraph
may report such bill to the respective House without amendment.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day after the date of the
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill
shall be placed on the appropriate calendar.
(c) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported, or has been
discharged under subsection (b)(3), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
implementation bill, and all points of order against the
implementation bill (and against consideration of the
implementation bill) are waived. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the implementation bill is agreed to, the
implementation bill shall remain the unfinished business of the
respective House until disposed of.
(2) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(3) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the implementation bill is not in order. A
motion to reconsider the vote by which the implementation bill
is agreed to or disagreed to is not in order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(d) Coordination With Action by Other House.--If, before the
passage by 1 House of an implementation bill of that House, that House
receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Nonreferral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--With respect to an
implementation bill of the House receiving the implementation
bill--
(A) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(B) the vote on final passage shall be on the
implementation bill of the other House.
(e) Rules of Senate and House of Representatives.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for carrying out this Act for each of the fiscal years 2004
through 2006. | Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation.Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission, which shall consider such assessments submitted.Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures. | A bill to establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes. | [
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Minimum Tax Reform
Act of 1993''.
(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. DEPRECIATION ADJUSTMENT USED IN COMPUTING ALTERNATIVE MINIMUM
TAXABLE INCOME.
(a) 150-Percent Declining Balance Method.--
(1) In general.--Paragraph (1) of section 56(a) (relating
to depreciation) is amended to read as follows:
``(1) Depreciation.--
``(A) 150-percent declining balance method.--
``(i) In general.--In the case of property
not described in clause (ii), the depreciation
deduction allowable under section 167 shall be
determined as provided in section 168(a),
except that the applicable depreciation method
under section 168(a)(1) shall be--
``(I) the 150-percent declining
balance method (200-percent declining
balance method in the case of computer
or peripheral equipment (as defined in
section 168(i)(2)(B)),
``(II) switching to the straight
line method for the 1st taxable year
for which using the straight line
method with respect to the adjusted
basis as of the beginning of the year
will yield a higher allowance.
``(ii) Property not using 150-percent
method.--Property described in this clause is
section 1250 property (as defined in section
1250(c)) or any other property if the
depreciation deduction determined under section
168 with respect to such other property for
purposes of the regular tax is determined by
using the straight line method.
``(B) Normalization rules.--With respect to public
utility property described in section 168(i)(10), the
Secretary shall prescribe the requirements of a
normalization method of accounting for this section.''.
(2) No adjustment for adjusted current earnings system.--
Clause (i) of section 56(g)(4)(A) (relating to depreciation
adjustments for computing adjusted current earnings) is amended
by adding at the end the following new sentence: ``The
preceding sentence shall not apply to property placed in
service in taxable years beginning after December 31, 1992, and
the depreciation deduction with respect to such property shall
be determined under the rules of subsection (a)(1)(A).''.
(b) Exception for Environmental Property.--
(1) In general.--Section 56(a)(1) (relating to depreciation
adjustments), as amended by subsection (a)(1), is amended by
adding at the end the following new subparagraph:
``(C) Environmental improvement assets.--This
paragraph shall not apply to environmental improvement
assets (as defined in section 59(k)).''.
(2) Environmental improvement assets.--Section 59 (relating
to definition and special rules) is amended by adding at the
end the following new subsection:
``(k) Environmental Improvement Assets.--
``(1) In general.--For purposes of section 56(a)(1)(B), the
term `environmental improvement asset' means tangible property
which is--
``(A) of a character subject to the allowance for
depreciation provided in section 167;
``(B) used for, or is functionally related to
property used for, one or more of the following
purposes--
``(i) source reduction,
``(ii) solid waste minimization,
``(iii) waste conversion or recycling,
``(iv) reduction of environmental hazards,
``(v) compliance with environmental
permits, rules, and similar requirements,
including requirements with respect to noise
pollution such as the reduction of aircraft
noise level to stage 3 noise level (as defined
in 14 CFR Sec. 36.1(f)(5)),
``(vi) prevention, containment or control
of unplanned releases, or
``(vii) the manufacture, distribution and
sale of alternate fuels and blending stocks or
fuel additives for reformulated fuels, and
``(C) except in the case of property used for the
reduction of aircraft noise levels described in
subparagraph (B)(v), located and used exclusively in
the United States during the taxable year.
If only a portion of property described in subparagraphs (A)
and (C) is described in subparagraph (B), such portion shall be
treated as an environmental improvement asset.
``(2) Other definitions.--For purposes of this subsection--
``(A) Source reduction.--The term `source
reduction' means reduction of the amount of regulated
substances or other pollutants from fixed or mobile
sources released into the environment if such reduction
reduces hazards to public health or environment.
``(B) Solid waste minimization.--The term `solid
waste minimization' means the reduction in the
generation of, or the recovery of commercially usable
products from, residual materials which are classified
as, or which if disposed would be classified as, solid
wastes (within the meaning of the Resource Conservation
and Recovery Act).
``(C) Waste conversion or recycling.--The term
`waste conversion or recycling' means the processing or
conversion of liquid, solid, or gaseous wastes into
fuel, energy, or other commercially usable products,
and the production of such products if production
occurs at the same facility as the conversion.
``(D) Abatement of environmental hazards.--The term
`abatement of environmental hazards' includes the
abatement, reduction, monitoring, or stabilization of
potential human exposure to toxic chemicals, hazardous
or extremely hazardous substances, or harmful
radiation.
``(E) Unplanned releases.--The term `unplanned
releases' means any release of regulated substances
(except federally permitted releases), including indoor
releases.
``(F) Regulated substance.--The term `regulated
substance' includes any substance the release or
emission of which is prohibited, limited, or regulated
by Federal or State law or by Federal regulations (as
determined without regard to whether a particular
release would have been prohibited or limited).
``(G) Release.--The term `release' means any
spilling, leaking, pouring, discharging, escaping,
dumping, or disposing into the environment, including
the abandonment or discarding of barrels or other
closed receptacles.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
December 31, 1992.
SEC. 3. PRE-1993 MINIMUM TAX ALLOWED AS CREDIT AGAINST MINIMUM TAX FOR
CERTAIN TAXPAYERS.
(a) In General.--Section 53(c) (relating to limitation) is amended
by adding at the end the following new paragraph:
``(2) Special rule for certain taxpayers with pre-1993
unused minimum tax credits.--
``(A) In general.--If a taxpayer had an unused
minimum tax credit for at least 3 of the taxable years
in the testing period, then, subject to the limitation
of subparagraph (B), the limitation under paragraph (1)
for any taxable year following the testing period shall
in no event be less than 50 percent of the excess (if
any) of--
``(I) the tentative minimum tax for
such taxable year, over
``(II) the sum of the credits
allowable under subparts A, B, D, E,
and F of this part.
``(B) Limitation.--
``(i) In general.--The aggregate increases
in the limitation under paragraph (1) by reason
of subparagraph (A) shall not exceed the pre-
1993 unused minimum tax credits.
``(ii) Ordering rule.--For purposes of
clause (i), any credit under subsection (a) for
taxable years following the testing period
shall be treated as allocated to pre-1993
unused minimum tax credits until such credits
are used up.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Testing period.--The term `testing
period' means the 5-taxable year period ending
with the taxpayer's last taxable year beginning
in 1992.
``(ii) Pre-1993 unused minimum tax
credits.--The term `pre-1993 unused minimum tax
credits' means the credits allowable under
subsection (a) remaining unused as of the close
of the testing period.''.
(b) Conforming Amendments.--Section 53(c) (as in effect before the
amendment made by subsection (a)) is amended--
(1) by striking ``The'' and inserting:
``(1) In general.--Except as provided in paragraph (2),
the'', and
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 4. ALLOWANCE OF GENERAL BUSINESS CREDIT AGAINST PORTION OF MINIMUM
TAX.
(a) In General.--Subparagraph (A) of section 38(c)(1) (relating to
limitation based on amount of tax) is amended by inserting ``75 percent
of'' before ``the tentative minimum tax''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1992. | Minimum Tax Reform Act of 1993 - Amends the Internal Revenue Code to revise adjustments in computing alternative minimum taxable income and allow companies to use the 150-percent declining balance method to compute depreciation, except for environmental assets. Allow
s a 200
percent declining balance method in the case of computer or peripheral equipment.
Allows companies to use pre-1993 minimum tax credits against alternative tax liability for up to 50 percent of that liability, with limitations.
Allows businesses to reduce up to 25 percent of their minimum tax liabilty with general business credits. | Minimum Tax Reform Act of 1993 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Country-of-Origin Labeling for Fuels
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Country-of-origin information.--The term ``country-of-
origin information'' means information regarding each country
in which motor vehicle fuel or the components of such fuel were
extracted, refined, or otherwise processed.
(2) Motor vehicle fuel.--The term ``motor vehicle fuel''--
(A) means any fuel used to power an automobile, as
defined in section 32901(3) of title 49, United States
Code; and
(B) includes alternative fuels, as defined in
section 32901(1) of such title, other than electricity
(including electricity from solar energy).
(3) Motor vehicle fuel retailer.--The term ``motor vehicle
fuel retailer'' means a person in the motor vehicle fuel supply
chain who sells motor vehicle fuel to the general public for
ultimate consumption.
(4) Motor vehicle fuel supplier.--The term ``motor vehicle
fuel supplier'' means a person in the motor vehicle fuel supply
chain other than a motor vehicle fuel retailer.
SEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR
VEHICLE FUEL.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Energy, in consultation with
the Administrator of the Environmental Protection Agency, shall--
(1) conduct a study to determine appropriate methods and
standards for requiring that--
(A) motor vehicle fuel suppliers disclose country-
of-origin information with respect to motor vehicle
fuel to the next person in the motor vehicle fuel
supply chain; and
(B) motor vehicle retailers disclose such
information to consumers; and
(2) make recommendations with respect to the most feasible
and cost-effective country-of-origin information disclosure
requirements that can be imposed on motor vehicle fuel
suppliers and motor vehicle fuel retailers.
(b) Elements of Study.--The study required by subsection (a) shall
address the following:
(1) The extent to which persons at each step in the motor
vehicle fuel supply chain have access to country-of-origin
information regarding the fuel they sell, and the nature of any
such information.
(2) An assessment of whether such information is adequate--
(A) to enable a motor vehicle fuel supplier to
provide country-of-origin information to the next
person in the supply chain; and
(B) to enable a motor vehicle fuel retailer to
provide country-of-origin information to consumers, by
displaying that information at fuel pumps or on a
website.
(3) If the Secretary determines under paragraph (2) that
such information is inadequate to enable motor vehicle fuel
suppliers or motor vehicle fuel retailers to provide country-
of-origin information, measures that can be taken to collect
adequate information--
(A) by the Secretary; and
(B) by motor vehicle fuel suppliers and motor
vehicle fuel retailers.
(4) The feasibility of various country-of-origin
information disclosure requirements, including--
(A) displaying at each fuel pump the precise
country or countries in which the fuel being dispensed
to each consumer originated; and
(B) displaying at each motor vehicle fuel retailer
or on the website of each motor vehicle fuel supplier
or motor vehicle fuel retailer the country or countries
from which the fuel the supplier or retailer (as the
case may be) sells generally originates.
(5) Such other issues relating to motor vehicle fuel
country-of-origin information disclosure requirements as the
Secretary considers appropriate.
(c) Report to Congress.--Not later than 90 days after completing
the study required by subsection (a), the Secretary shall submit to
Congress a report that--
(1) summarizes the results of the study; and
(2) contains the recommendations required by subsection
(a)(2).
SEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE.
(a) In General.--Not later than 180 days after submitting the
report required by section 3(c), the Secretary of Energy, in
consultation with the Administrator of the Environmental Protection
Agency, shall prescribe regulations requiring disclosure of country-of-
origin information by motor vehicle fuel suppliers and motor vehicle
fuel retailers in accordance with the Secretary's recommendations in
the report.
(b) 70 Percent Threshold.--The regulations required by subsection
(a) shall not require the listing of more than one country-of-origin
for a fuel blend containing fuel 70 percent or more of which originated
in a single country.
SEC. 5. ENFORCEMENT.
(a) In General.--Subject to subsection (b), the Secretary of Energy
may impose a civil penalty of not more than $10,000 on a person that
the Secretary determines, in accordance with section 554 of title 5,
United States Code, knowingly violates the regulations prescribed under
section 4.
(b) Requirements With Respect to Imposition of Penalty.--
(1) Notice.--The Secretary of Energy may not impose a
penalty upon a person for violating the regulations prescribed
under section 4 unless--
(A) the Secretary provides the person with notice
of the violation; and
(B) the violation continues for more than 30 days
after the date on which the person received notice
under subparagraph (A).
(2) Determination of amount of penalty.--In determining the
amount of the penalty to be imposed on a person for violating
the regulations prescribed under section 4, the Secretary shall
consider the severity of the violation, the size of the
person's business, and the effect of the penalty on the
person's ability to continue in business. | Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed; and (2) motor vehicle retailers to disclose this information to consumers.
Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70% or more of which originated in a single country.
Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations. | To require the Secretary of Energy to implement country-of-origin disclosure requirements with respect to motor vehicle fuels, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Fairness in
the Workplace Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is an increasing trend toward the use of part-
time workers;
(2) part-time jobs often have no or limited health or
pension benefits and few labor protections;
(3) there is a trend toward the creation of more part-time
jobs than full-time jobs;
(4) questions have been raised regarding the impact of
part-time employment on wage levels, benefits, earning
potential, and productivity; and
(5) a Federal commission should be established to conduct a
thorough study of all matters relating to the impact of part-
time employment on wage levels, benefits, earning potential,
and productivity and to study the practice of providing
different wage and benefit levels to part-time and full-time
workers.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission on Fairness in the Workplace (hereafter
referred to in this Act as the ``Commission'').
(b) Membership.--The Commission shall be composed of 9 members of
whom--
(1) 3 shall be appointed by the President;
(2) 3 shall be appointed by the President pro tempore of
the Senate, upon the recommendation of the Majority and
Minority Leaders of the Senate; and
(3) 3 shall be appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting as directed by the President.
(e) Meetings.--After the initial meeting, the Commission shall meet
at the call of the Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business, but a lesser
number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a
comprehensive study of the impact of part-time employment in
the United States.
(2) Matters to be studied.--The matters to be studied by
the Commission under paragraph (1) shall include--
(A) a review of the trend toward creation of more
part-time than full-time jobs;
(B) an assessment of the relationship between part-
time work and wage levels, benefits, earning potential,
and productivity; and
(C) a review of the practice of providing different
wage and benefit levels to part-time and full-time
workers.
(b) Report.--No later than 12 months after the Commission holds its
first meeting, the Commission shall submit a report on the study to the
President and Congress. The report shall contain a detailed statement
of the findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative actions as it
considers appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its duties
of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Committee, the head of such
department or agency shall furnish such information to the Commission.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not otherwise an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Commission. Each member of the
Commission who is otherwise an officer or employee of the United States
shall serve without compensation in addition to that received for
services as an officer or employee of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code. The Chairperson may fix
the compensation of other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for such personnel may not exceed the rate payable for a
position at level V of the Executive Schedule under section
5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for a position at level V of the Executive
Schedule under section 5316 of such title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out the purposes of this Act. Any sums
appropriated shall remain available, without fiscal year limitation,
until expended.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after submission of its
report under section 4(b). | National Commission on Fairness in the Workplace Act - Establishes the National Commission on Fairness in the Workplace, which shall conduct a comprehensive study of the impact of part-time employment in the United States, including: (1) a review of the trend toward creation of more part-time than full-time jobs; (2) an assessment of the relationship between part-time work and wage levels, benefits, earning potential, and productivity; and (3) a review of the practice of providing different wage and benefit levels to part-time and full-time workers.
Authorizes appropriations. | National Commission on Fairness in the Workplace Act | [
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SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF
FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF
DUTY.
(a) Short Title.--This Act may be cited as the ``Federal Public
Safety Officer Surviving Spouse Protection Act of 2005''.
(b) Civil Service Retirement System.--Section 8341 of title 5,
United States Code, is amended--
(1) in subsection (b)(3)(B) by striking ``subsection (k)''
and inserting ``subsection (j)'';
(2) in subsection (d) in clause (ii) of the last
undesignated sentence by striking ``subsection (k)'' and
inserting ``subsection (j)'';
(3) in subsection (h)(3)(B)(i) by striking ``subsection
(k)'' and inserting ``subsection (j)''; and
(4) by striking subsection (k) and inserting the following:
``(j)(1) In this subsection, the term `Federal public safety
officer' means--
``(A) a law enforcement officer; or
``(B) an employee participating under this chapter who is--
``(i) a public safety officer as defined under
section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b); or
``(ii) an employee of the Department of the
Treasury who is performing official duties of the
Department in an area, if those official duties--
``(I) are related to a major disaster or
emergency that has been, or is later, declared
to exist with respect to the area under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.); and
``(II) are determined by the Secretary of
the Treasury to be hazardous duties.
``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the
extent that they provide for termination of a survivor annuity because
of a remarriage before the age of 55 years) shall not apply if--
``(A) the widow, widower, or former spouse was married for
at least 30 years to the individual on whose service the
survivor annuity is based; or
``(B) in the case of a widow or widower the individual on
whose service the survivor annuity is based was a Federal
public safety officer who was killed in the line of duty.
``(3) A remarriage described under paragraph (2) shall not be taken
into account for purposes of section 8339(j)(5) (B) or (C) or any other
provision of this chapter which the Office may by regulation identify
in order to carry out the purposes of this subsection.''.
(c) Federal Employees Retirement System.--Section 8442(d) of title
5, United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3)(A) In this paragraph, the term `Federal public safety
officer' means--
``(i) a law enforcement officer; or
``(ii) an employee participating under this chapter
who is--
``(I) a public safety officer as defined
under section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b);
or
``(II) an employee of the Department of the
Treasury who is performing official duties of
the Department in an area, if those official
duties--
``(aa) are related to a major
disaster or emergency that has been, or
is later, declared to exist with
respect to the area under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et
seq.); and
``(bb) are determined by the
Secretary of the Treasury to be
hazardous duties.
``(B) Paragraph (1)(B) (relating to termination of a
survivor annuity because of a remarriage before the age of 55
years) shall not apply if--
``(i) the widow or widower was married for at least
30 years to the individual on whose service the
survivor annuity is based; or
``(ii) the individual on whose service the survivor
annuity is based was a Federal public safety officer
who was killed in the line of duty.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on January 1, 1988, and apply only to remarriages which occur on
or after that date. | Federal Public Safety Officer Surviving Spouse Protection Act of 2005 - Revises the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to permit, effective as of January 1, 1988, and only for remarriages occurring on or after that date, remarried widows and widowers of Federal public safety officers who are killed in the line of duty to continue to receive a survivor annuity. | A bill to amend chapters 83 and 84 of title 5, United States Code, to provide that spouses of Federal public safety officers who are killed in the line of duty, may remarry and continue to receive a survivor annuity, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Minimum Tax Repeal Act
of 2001''.
SEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.
(a) Repeal in 2011.--Subsection (a) of section 55 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
flush sentence:
``For purposes of this title, the tentative minimum tax on any taxpayer
other than a corporation for any taxable year beginning after December
31, 2010, shall be zero.''.
(b) Reduction of Tax on Individuals Prior to Repeal.--
(1) Immediate increase in exemption amounts.--Paragraph (1)
of section 55(d) of such Code is amended--
(A) by striking ``$45,000'' and inserting
``$52,000'',
(B) by striking ``$33,750'' and inserting
``$38,000'', and
(C) by striking ``$22,500'' and inserting ``\1/2\
the amount applicable under subparagraph (A)''.
(2) Additional increases in exemption amounts; repeal of
phase-out of exemption amounts.--Paragraph (3) of section 55(d)
of such Code is amended to read as follows:
``(3) Increases in exemption amounts for taxpayers other
than corporations.--
``(A) In general.--The exemption amounts under
paragraph (1) for taxable years beginning in any
calendar year after 2001 shall be determined by
increasing the dollar amounts contained in
subparagraphs (A) and (B) of paragraph (1) by the
applicable percentage for such calendar year of such
dollar amounts.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For calendar year--
The applicable
percentage is--
2002................................... 10
2003................................... 20
2004................................... 30
2005................................... 40
2006................................... 50
2007................................... 60
2008................................... 70
2009................................... 80
2010................................... 90.
``(C) Rounding.--If any amount, as increased under
subparagraph (A) is not a multiple of $5, such amount
shall be increased to the nearest multiple of $5.''
(c) Nonrefundable Personal Credits Fully Allowed Against Regular
Tax Liability.--
(1) In general.--Subsection (a) of section 26 of such Code
(relating to limitation based on amount of tax) is amended to
read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''
(2) Repeal of reduction of refundable tax credits.--
(A) Subsection (d) of section 24 of such Code is
amended by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(B) Section 32 of such Code is amended by striking
subsection (h).
(3) Conforming amendment.--Section 904 of such Code is
amended by striking subsection (h).
(d) Limitation on Use of Credit for Prior Year Minimum Tax
Liability.--Subsection (c) of section 53 of such Code is amended to
read as follows:
``(c) Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the credit allowable under subsection (a) for any
taxable year shall not exceed the excess (if any) of--
``(A) the regular tax liability of the taxpayer for
such taxable year reduced by the sum of the credits
allowable under subparts A, B, D, E, and F of this
part, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Taxable years beginning after 2010.--In the case of
any taxable year beginning after 2010, the credit allowable
under subsection (a) to a taxpayer other than a corporation for
any taxable year shall not exceed 90 percent of the excess (if
any) of--
``(A) regular tax liability of the taxpayer for
such taxable year, over
``(B) the sum of the credits allowable under
subparts A, B, D, E, and F of this part.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero; and (2) provide for reductions in such tax until such time. | To amend the Internal Revenue Code of 1986 to phaseout the alternative minimum tax on individuals. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Eliminating
Improper and Abusive IRS Audits Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Civil damages allowed for reckless or intentional disregard of
internal revenue laws.
Sec. 3. Modifications relating to certain offenses by officers and
employees in connection with revenue laws.
Sec. 4. Modifications relating to civil damages for unauthorized
inspection or disclosure of returns and
return information.
Sec. 5. Extension of time for contesting IRS levy.
Sec. 6. Increase in monetary penalties for certain unauthorized
disclosures of information.
Sec. 7. Ban on raising new issues on appeal.
Sec. 8. Limitation on enforcement of liens against principal
residences.
Sec. 9. Additional provisions relating to mandatory termination for
misconduct.
Sec. 10. Extension of declaratory judgment procedures to social welfare
organizations.
Sec. 11. Review by the Treasury Inspector General for Tax
Administration.
SEC. 2. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF
INTERNAL REVENUE LAWS.
(a) Increase in Amount of Damages.--Section 7433(b) of the Internal
Revenue Code of 1986 is amended by striking ``$1,000,000 ($100,000, in
the case of negligence)'' and inserting ``$3,000,000 ($300,000, in the
case of negligence)''.
(b) Extension of Time To Bring Action.--Section 7433(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``2 years'' and
inserting ``5 years''.
(c) Effective Date.--The amendments made by this section shall
apply to actions of employees of the Internal Revenue Service after the
date of the enactment of this Act.
SEC. 3. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND
EMPLOYEES IN CONNECTION WITH REVENUE LAWS.
(a) Increase in Penalty.--Section 7214 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``$10,000'' in subsection (a) and inserting
``$25,000'', and
(2) by striking ``$5,000'' in subsection (b) and inserting
``$10,000''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED
INSPECTION OR DISCLOSURE OF RETURNS AND RETURN
INFORMATION.
(a) Increase in Amount of Damages.--Subparagraph (A) of section
7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking
``$1,000'' and inserting ``$10,000''.
(b) Effective Date.--The amendment made by this section shall apply
to inspections and disclosure occurring on and after the date of the
enactment of this Act.
SEC. 5. EXTENSION OF TIME FOR CONTESTING IRS LEVY.
(a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is
amended by striking ``9 months'' and inserting ``3 years''.
(b) Period of Limitation on Suits.--Subsection (c) of section 6532
of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1) by striking ``9 months'' and inserting
``3 years'', and
(2) in paragraph (2) by striking ``9-month'' and inserting
``3-year''.
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) levies made after the date of the enactment of this
Act, and
(2) levies made on or before such date if the 9-month
period has not expired under section 6343(b) of the Internal
Revenue Code of 1986 (without regard to this section) as of
such date.
SEC. 6. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
DISCLOSURES OF INFORMATION.
(a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.
SEC. 7. BAN ON RAISING NEW ISSUES ON APPEAL.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
IN AN INTERNAL APPEAL.
``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Office of Appeals may not consider or decide any issue that is
not within the scope of the initial determination.
``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
``(1) Any issue that was not raised in a notice of
deficiency or an examiner's report which is the subject of the
appeal.
``(2) Any deficiency in tax which was not included in the
initial determination.
``(3) Any theory or justification for a tax deficiency
which was not considered in the initial determination.
``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
(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. Prohibition on Internal Revenue Service raising new issues
in an internal appeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Office of Appeals on or after the date of the enactment of this Act.
SEC. 8. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
RESIDENCES.
(a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``In any case'' and inserting the
following:
``(1) In general.--In any case'', and
(2) by adding at the end the following new paragraph:
``(2) Limitation with respect to principal residence.--
``(A) In general.--Paragraph (1) shall not apply to
any property used as the principal residence of the
taxpayer (within the meaning of section 121) unless the
Secretary of the Treasury makes a written determination
that--
``(i) all other property of the taxpayer,
if sold, is insufficient to pay the tax or
discharge the liability, and
``(ii) such action will not create an
economic hardship for the taxpayer.
``(B) Delegation.--For purposes of this paragraph,
the Secretary of the Treasury may not delegate any
responsibilities under subparagraph (A) to any person
other than--
``(i) the Commissioner of Internal Revenue,
or
``(ii) a district director or assistant
district director of the Internal Revenue
Service.''.
(b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.
SEC. 9. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
MISCONDUCT.
(a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(11) in the case of any review of an application for tax-
exempt status by an organization described in section 501(c) of
the Internal Revenue Code of 1986, developing or using any
methodology that applies disproportionate scrutiny to any
applicant based on the ideology expressed in the name or
purpose of the organization.''.
(b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of Section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 30
days.''.
(c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.
SEC. 10. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE
ORGANIZATIONS.
(a) In General.--Section 7428(a)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C) and
by adding at the end the following new subparagraph:
``(E) with respect to the initial classification or
continuing classification of an organization described
in section 501(c)(4) which is exempt from tax under
section 501(a), or''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to pleading filed after the date of the enactment of
this Act.
SEC. 11. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION.
(a) Review.--Subsection (k)(1) of section 8D of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) shall--
``(i) review any criteria employed by the
Internal Revenue Service to select tax returns
(including applications for recognition of tax-
exempt status) for examination or audit,
assessment or collection of deficiencies,
criminal investigation or referral, refunds for
amounts paid, or any heightened scrutiny or
review in order to determine whether the
criteria discriminates against taxpayers on the
basis of race, religion, or political ideology;
and
``(ii) consult with the Internal Revenue
Service on recommended amendments to such
criteria in order to eliminate any
discrimination identified pursuant to the
review described in clause (i); and''; and
(4) in subparagraph (E), as so redesignated, by striking
``and (C)'' and inserting ``(C), and (D)''.
(b) Semiannual Report.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
``(3) Any semiannual report made by the Treasury Inspector
General for Tax Administration that is required pursuant to
section 5(a) shall include--
``(A) a statement affirming that the Treasury
Inspector General for Tax Administration has reviewed
the criteria described in subsection (k)(1)(D) and
consulted with the Internal Revenue Service regarding
such criteria; and
``(B) a description and explanation of any such
criteria that was identified as discriminatory by the
Treasury Inspector General for Tax Administration.''. | Eliminating Improper and Abusive IRS Audits Act of 2014 - Amends the Internal Revenue Code to: (1) increase the maximum amount of civil damages for which Internal Revenue Service (IRS) officers or employees shall be liable for reckless, intentional, or negligent disregard of internal revenue laws and extend the period for bringing a claim for such damages; (2) increase the penalties against federal officers and employees for violations of internal revenue laws and for unauthorized inspection or disclosure of tax returns and return information; (3) extend the period in which taxpayer property that has been wrongfully levied upon may be returned and the period for bringing suit for a wrongful tax levy; (4) increase civil fines for unauthorized disclosures of tax return information; (5) prohibit the consideration by the IRS Office of Appeal on appeal of any issue that was not within the scope of the initial determination; (6) prohibit a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer; (7) require the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization; (8) allow a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization; and (9) require the Inspector General for Tax Administration of the Department of the Treasury to review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology and to consult with the IRS on recommended amendments to such criteria. | Eliminating Improper and Abusive IRS Audits Act of 2014 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizenship Promotion Act of 1996''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) American democracy performs best when the maximum
number of people subject to its laws participate in the
political process, at all levels of government.
(2) Citizenship actively exercised will better assure that
individuals both assert their rights and fulfill their
responsibilities of membership within our political community,
thereby benefiting all citizens and residents of the United
States.
SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Title III of the Immigration and Nationality Act is amended by
adding at the end the following new chapter:
``CHAPTER 5--CITIZENSHIP PROMOTION
``SEC. 371. DEFINITIONS.
``As used in this chapter--
``(1) the term `Agency' means the United States Citizenship
Promotion Agency; and
``(2) the term `Board' means the National Advisory Board on
Citizenship established by section 373.
``SEC. 372. THE UNITED STATES CITIZENSHIP PROMOTION AGENCY.
``(a) Establishment.--There is established within the Immigration
and Naturalization Service an agency to be known as the United States
Citizenship Promotion Agency.
``(b) Mission.--The Agency shall have as its mission the following:
``(1) To carry out the functions relating to naturalization
arising under chapter 2 of this title.
``(2) To assist in the implementation of a comprehensive
program of encouraging and assisting eligible immigrants to
become naturalized citizens as soon thereafter as they become
eligible to do so.
``(c) Headed by Associate Commissioner.--
``(1) Appointment.--The Agency shall be headed by an
Associate Commissioner for Citizenship. Reasonable efforts
shall be made to fill the position with a naturalized citizen
of the United States.
``(2) Compensation.--The position of Associate Commissioner
for Citizenship shall be a position in the Senior Executive
Service.
``(d) Powers.--The Agency is authorized to exercise all necessary
and appropriate powers and duties to carry out its mission, including
the authority--
``(1) to enter into cooperative agreements with Federal,
State, and local governmental entities;
``(2) to enter into contracts, subject to the availability
of appropriations; and
``(3) to make grants to private and nonprofit entities.
``(e) Role of Advisory Board.--The Commissioner and the Associate
Commissioner for Citizenship shall seek the consultation and advice of
the Board regarding the policies, practices, and procedures used by the
Agency in fulfillment of its duties.
``(f) Termination of Existing Offices and Positions.--(1) There are
transferred to the Agency all functions being exercised before the date
of enactment of the Citizenship Promotion Act of 1996 by the Attorney
General, the Commissioner, or the Service relating to the following:
``(A) The naturalization of persons under chapter 2 of this
title.
``(B) The encouragement and assistance of eligible
immigrants to become naturalized citizens.
``(2) Upon such date, the Commissioner shall abolish or
consolidate, as the case may be, any office or position existing before
such date within the Service that performed functions transferred under
paragraph (1), if such office or position is not otherwise created by
statute.
``(3) The personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made available in
connection with the functions transferred under this paragraph (1),
subject to section 1531 of title 31, United States Code, shall be
transferred to the Agency.
``SEC. 373. NATIONAL ADVISORY BOARD ON CITIZENSHIP.
``(a) Establishment.--There is established the National Advisory
Board on Citizenship to advise the Associate Commissioner for
Citizenship, the Attorney General, the President, and Congress
regarding the carrying out of the Agency's objectives.
``(b) Composition.--(1) The Board shall be composed of 9 voting
members, who shall be appointed by the Attorney General, except as
otherwise provided, as follows:
``(A) One member drawn from among individuals having
extensive academic experience in the study of immigration.
``(B) Two members drawn from among individuals having been
recently naturalized, including at least one who is engaged in
nonprofessional employment.
``(C) Two members drawn from among individuals having
extensive recent experience in counseling and advising resident
aliens to become naturalized citizens.
``(D) Two members drawn from among individuals who have
extensive experience working with the immigrant community.
``(E) One member to be appointed by the Committee on the
Judiciary of the Senate.
``(F) One member to be appointed by the Committee on the
Judiciary of the House of Representatives.
``(2) The Assistant Secretary of Education for Vocational and Adult
Education, or his or her designee, shall serve on the Board in a
nonvoting capacity.
``(3) The voting members shall serve staggered terms in a manner to
be prescribed by the Attorney General.
``(4) At the first meeting of the Board each year, the members of
the Board shall elect a chair and vice chair, who shall serve for a
term of one year.
``(5) The Board shall meet no more frequently than quarterly each
year to carry out its responsibilities under subsection (c).
``(c) Responsibilities.--(1) The Board shall have the general
responsibility to prepare independent biannual reports relating to the
administration of policies of the Agency. Such reports may include
minority reports, if timely submitted.
``(2) In the course of carrying out its responsibilities, the Board
may do the following:
``(A) Review the policies, plans, and objectives of the
Agency, including the effectiveness thereof, both short- and
long-term.
``(B) Review programs and policies of other Federal and
State agencies under the area of oversight of the Agency, as is
necessary, including the effectiveness thereof, both short- and
long-term.
``(C) Assess the resources and funds for the Agency, and
make reports and recommendations to the Commissioner and
Congress.
``(3) The Board shall give an annual oral report to the Attorney
General, the Commissioner, and the Associate Commissioner for
Citizenship.
``(d) Administrative Matters.--The Attorney General shall approve
the budget of the Board. The Attorney General and the Commissioner
shall provide administrative support, including staffing, to enable the
Board to fulfill its functions.
``(e) Compensation.--While away from their homes or regular places
of business in the performance of duties for the Board, Board members
shall be compensated at a rate not to exceed $100 per day and shall be
allowed reasonable travel expenses.
``(f) Applicability of Federal Advisory Committee Act.--The
provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Board, except to the extent that this section establishes
contrary policies or procedures.
``SEC. 374. NATURALIZATION OUTREACH.
``In order to enable the Agency to fulfill its naturalization
outreach duties, the Agency--
``(1) shall seek the assistance of appropriate community
groups, private voluntary agencies, and other appropriate
organizations; and
``(2) may enter into cooperative agreements with, or make
grants to, such other governmental, private, and nonprofit
entities (including entities that encourage or facilitate
community service or are engaged in such service) that it
considers useful in carrying out such duties.
``SEC. 375. FEES.
``(a) Naturalization Examinations Fee Account.--There is
established in the general fund of the Treasury of the United States a
separate account which shall be known as the `Naturalization
Examinations Fee Account' (hereafter in this section referred to as the
`Account').
``(b) Deposits.--(1) There shall be deposited into the Account the
following:
``(A) All funds in the Immigration Examinations Fee Account
that were collected pursuant to section 344(a) before the date
of the enactment of the Citizenship Promotion Act of 1996 and
that remain available for obligation on such date.
``(B) Except as provided in paragraph (2), all fees paid to
the Attorney General pursuant to section 344(a) after such
date.
``(2) Fees paid after such date pursuant to section 344(a) by
applicants residing in the United States Virgin Islands, and in Guam,
shall be paid over to the treasury of the Virgin Islands and the
treasury of Guam, respectively.
``(c) Amount of Fees.--The Attorney General shall establish, and
may revise from time to time, the amount of the fees to be collected
pursuant to section 344(a) for deposit into the Account. The amount of
such fees may be set at a level that will ensure the full recovery of
the costs referred to in subsection (d)(1) and the costs of the
administration of such fees.
``(d) Use of Funds.--(1) The Attorney General may use funds in the
Account to cover the following:
``(A) The costs of the Agency in carrying out
naturalization functions under chapter 2 of this title.
``(B) The costs of the Agency in encouraging and assisting
eligible immigrants in becoming naturalized citizens under this
chapter, including the facilitation of instruction of
immigrants in the English language.
``(C) The costs of the Agency in collecting fees for
deposit into the Account and in administering the Account.
``(2) Amounts in the Account shall remain available until expended.
``(e) Annual Financial Statements.--The Attorney General shall
prepare and submit annually to Congress statements of financial
condition of the Account, including beginning account balance revenues,
withdrawals, and ending account balance and projections for the ensuing
fiscal year.''.
SEC. 4. CONFORMING AMENDMENTS.
The Immigration and Nationality Act is amended--
(1) in section 286 (8 U.S.C. 1356)--
(A) in the second proviso of subsection (m), by
striking ``and naturalization''; and
(B) in subsection (n), by striking ``and
naturalization''; and
(2) in section 332 (8 U.S.C. 1443)--
(A) in subsection (a), by inserting after the first
sentence the following new sentence: ``The Attorney
General shall discharge such provisions through the
United States Citizenship Promotion Agency established
under chapter 5 of this title.''; and
(B) by striking subsection (h). | Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service.
Establishes the National Advisory Board on Citizenship.
Directs the Agency to carry out naturalization outreach activities.
Establishes in the Treasury the Naturalization Examinations Fee Account. | Citizenship Promotion Act of 1996 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deafy Glade Land Exchange Act''.
SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA.
(a) Land Exchange Required.--If Solano County, California (in this
section referred to as the ``County'') conveys to the Secretary of
Agriculture all right, title, and interest of the County in and to four
parcels of land consisting of a total of approximately 160 acres
identified on the map entitled ``Fouts Springs-Deafy Glade Federal and
Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey
to the County, in exchange, all right, title, and interest of the
United States in and to the parcel of land in the Mendocino National
Forest in the State of California (including any improvements on the
land) comprising approximately 82 acres and known as the Fouts Springs
Ranch, as also depicted on the map.
(b) Availability of Map.--The map referred to in subsection (a)
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service. With the agreement of the County, the
Secretary may make technical corrections to the map and the legal
descriptions of the land to be exchanged under this section.
(c) Land Exchange Process.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange under this section.
(d) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be exchanged under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The costs of the
survey and any administrative costs related to the land exchange shall
be borne by the County.
(e) Condition on Use of Conveyed Land.--As a condition of the
conveyance to the County under subsection (a), the County shall agree
to continue to use the land acquired by the County under such
subsection for purposes consistent with the purposes listed in the
special use authorization for the Fouts Springs Ranch in effect as of
the date of the enactment of this Act.
(f) Easement Authority.--The Secretary may grant an easement to
provide continued access to, and maintenance and use of, the facilities
covered by the special use authorization referred to in subsection (e)
as necessary for the continued operation of the Fouts Springs Ranch
conveyed under subsection (a).
(g) Management of Acquired Land.--The lands acquired by the
Secretary under subsection (a) shall be added to and administered as
part of the Mendocino National Forest and managed in accordance with
the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C.
480 et seq.) and the laws and regulations applicable to the National
Forest System.
(h) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to such additional terms and conditions
as the Secretary and the County may agree upon.
SEC. 3. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
(a) In General.--The Secretary of Commerce may sell or exchange to
the City of Norfolk, Virginia, in accordance with chapter 13 of title
40, United States Code, real property under the administrative
jurisdiction of the National Oceanic and Atmospheric Administration (in
this section referred to as ``NOAA''), including land and improvements
thereon, located at 538 Front Street, Norfolk, Virginia, consisting of
approximately 3.78 acres, if the Secretary--
(1) determines that the conveyance is in the best interests
of NOAA and the Federal Government; and
(2) has provided prior notification to the Committee on
Natural Resources and the Committee on Appropriations of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate.
(b) Consideration.--
(1) In general.--For any conveyance under this section the
Secretary shall require the City of Norfolk to provide
consideration to the United States that is not less than the
fair market value of the property conveyed by the United
States.
(2) Form.--Consideration under this subsection may include
any combination of--
(A) cash or cash equivalents;
(B) other property (either real or personal); and
(C) consideration in-kind, including--
(i) provision of space, goods, or services
of benefit to NOAA including construction,
repair, remodeling, or other physical
improvements of NOAA property;
(ii) maintenance of NOAA property;
(iii) provision of office, storage, or
other useable space; or
(iv) relocation services associated with
conveyance of property under this section.
(3) Determination of fair market value.--The Secretary
shall determine fair market value for purposes of paragraph (1)
based upon a highest- and best-use appraisal of the property
conveyed under subsection (a) conducted in conformance with the
Uniform Appraisal Standards for Professional Appraisal
Practice.
(c) Use of Proceeds.--Amounts received under subsection (b)(2)(A)
by the United States as proceeds of any conveyance under this section
shall be available to the Secretary, subject to appropriation, for--
(1) activities related to the operations of, or capital
improvements, to NOAA property; or
(2) relocation and other costs associated with the sale or
exchange.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
of property by the United States under subsection (a) as the Secretary
considers appropriate to protect the interest of the United States,
including the recoupment of any profit the City of Norfolk may realize
within three years after the date of conveyance to the City due to
resale of the property
(e) Termination.--The authority granted to the Secretary under
subsections (a) and (b) shall terminate at the end of the 24-month
period beginning on the date of enactment of this Act if no contract
for sale or exchange under subsection (a) has been entered into by the
City of Norfolk and the United States.
Passed the House of Representatives September 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Deafy Glade Land Exchange Act - Directs the Secretary of Agriculture to convey to Solano County, California, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest comprising approximately 82 acres and known as the Fouts Springs Ranch, as depicted on the map entitled "Fouts Springs-Deafy Glade Federal and Non-Federal Lands" and dated July 17, 2008, if the county conveys to the Secretary all right, title, and interest of the county in and to four parcels of land consisting of approximately 160 acres identified on such map.
Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees.
Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange. | To provide for a land exchange involving certain National Forest System lands in the Mendocino National Forest in the State of California, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Federal Pell Grant Plus
Act''.
SEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF
STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN
LANGUAGES.
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended by adding at the end the following:
``(C)(i) Notwithstanding subparagraph (A) and subject to clause
(iii), in the case of a student who is eligible under this part and who
is pursuing a degree with a major in, or a certificate or program of
study relating to, engineering, mathematics, science (such as physics,
chemistry, or computer science), or a foreign language, described in a
list developed or updated under clause (ii), the amount of the Federal
Pell Grant shall be the amount calculated for the student under
subparagraph (A) for the academic year involved, multiplied by 2.
``(ii)(I) The Secretary, in consultation with the Secretary of
Defense, the Secretary of the Department of Homeland Security, and the
Director of the National Science Foundation, shall develop, update not
less than once every 2 years, and publish in the Federal Register, a
list of engineering, mathematics, and science degrees, majors,
certificates, or programs that if pursued by a student, may enable the
student to receive the increased Federal Pell Grant amount under clause
(i). In developing and updating the list the Secretaries and Director
shall consider the following:
``(aa) The current engineering, mathematics, and science
needs of the United States with respect to national security,
homeland security, and economic security.
``(bb) Whether institutions of higher education in the
United States are currently producing enough graduates with
degrees to meet the national security, homeland security, and
economic security needs of the United States.
``(cc) The future expected workforce needs of the United
States required to help ensure the Nation's national security,
homeland security, and economic security.
``(dd) Whether institutions of higher education in the
United States are expected to produce enough graduates with
degrees to meet the future national security, homeland
security, and economic security needs of the United States.
``(II) The Secretary, in consultation with the Secretary of
Defense, the Secretary of the Department of Homeland Security, and the
Secretary of State, shall develop, update not less than once every 2
years, and publish in the Federal Register, a list of foreign language
degrees, majors, certificates, or programs that if pursued by a
student, may enable the student to receive the increased Federal Pell
Grant amount under clause (i). In developing and updating the list the
Secretaries shall consider the following:
``(aa) The foreign language needs of the United States with
respect to national security, homeland security, and economic
security.
``(bb) Whether institutions of higher education in the
United States are currently producing enough graduates with
degrees to meet the national security, homeland security, and
economic security needs of the United States.
``(cc) The future expected workforce needs of the United
States required to help ensure the Nation's national security,
homeland security, and economic security.
``(dd) Whether institutions of higher education in the
United States are expected to produce enough graduates with
degrees to meet the future national security, homeland
security, and economic security needs of the United States.
``(iii) Each student who received an increased Federal Pell Grant
amount under clause (i) to pursue a degree, major, certificate, or
program described in a list published under subclause (I) or (II) of
clause (ii) shall continue to be eligible for the increased Federal
Pell Grant amount in subsequent academic years if the degree, major,
certificate, or program, respectively, is subsequently removed from the
list.
``(iv)(I) If a student who received an increased Federal Pell Grant
amount under clause (i) changes the student's course of study to a
degree, major, certificate, or program that is not included in a list
described in clause (ii), then the Secretary shall reduce the amount of
Federal Pell Grant assistance the student is eligible to receive under
this section for subsequent academic years by an amount equal to the
difference between the total amount the student received under this
subparagraph and the total amount the student would have received under
this section if this subparagraph had not been applied.
``(II) The Secretary shall reduce the amount of Federal Pell Grant
assistance the student is eligible to receive in subsequent academic
years by dividing the total amount to be reduced under subclause (I)
for the student by the number of years the student received an
increased Federal Pell Grant amount under clause (i), and deducting the
result from the amount of Federal Pell Grant assistance the student is
eligible to receive under this section for a number of subsequent
academic years equal to the number of academic years the student
received an increased Federal Pell Grant amount under clause (i).''. | 21st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages. | A bill to provide additional assistance to recipients of Federal Pell Grants who are pursuing programs of study in engineering, mathematics, science, or foreign languages. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Audit Reform Act of
2010''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Director of the Office of
Management and Budget should follow the recommendations of the
Government Accountability Office report entitled ``Single Audit:
Opportunities Exist to Improve the Single Audit Process and Oversight''
(GAO-09-307R), issued March 13, 2009.
SEC. 3. OVERSIGHT OF THE SINGLE AUDIT PROCESS.
(a) Amendment to Single Audit Act.--
(1) In general.--Chapter 75 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7508. Oversight and evaluation
``(a) Oversight and Evaluation.--The Director, or the head of the
office or entity designated by the Director under subsection (c), shall
monitor the risk, cost-benefit, efficiency, and effectiveness of the
implementation by Federal agencies of this chapter by--
``(1) evaluating such implementation governmentwide; and
``(2) identifying additional guidance and resources
necessary to improve such implementation, including revisions
to regulations, best practices, and processes.
``(b) Report.--The Director, or the head of the office or entity
designated by the Director under subsection (c), shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Government Reform of the House of
Representatives, and the Comptroller General of the United States a
report that includes the findings under subsection (a). The report
shall be submitted not later than September 30 of each year and shall
cover the previous year.
``(c) Designation of Oversight Entity.--The Director of the Office
of Management and Budget shall designate an office in the Office of
Management and Budget or another Federal entity to act on behalf of the
Director under subsection (a) and submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of Representatives, and
the Comptroller General of the United States a report that describes
such office or entity and the resources made available to such office
or entity to adequately implement the provisions of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 75 of title 31, United States Code, is
amended by inserting after the item relating to section 7507
the following new item:
``7508. Oversight and evaluation.''.
(b) Simplified Audit Process.--
(1) Evaluation.--The Director, or the head of the office or
entity designated by the Director under section 7508(c) of
title 31, United States Code, shall evaluate the process for
the single audit and the program-specific audit under chapter
75 of title 31, United States Code, to identify simplified
alternatives for achieving the purposes of the Single Audit Act
of 1984 (Public Law 98-502; 98 Stat. 2327; 31 U.S.C. 7501 note)
and the Single Audit Act Amendments of 1996 (Public Law 104-
156; 110 Stat. 1396; 31 U.S.C. 7501 note) for the audits of
small recipients that also achieve the proper balance between
risk and cost-effective accountability for small and large
recipients.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Director, or the head of the office
or entity designated by the Director under section 7508(c) of
title 31, United States Code, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Comptroller General of the United
States, a report on the results of the evaluation under
paragraph (1).
(3) Definitions.--In this subsection:
(A) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(B) Large recipient.--The term ``large recipient''
means a non-Federal entity that expends a total amount
of Federal awards equal to or in excess of $300,000 or
such other amount specified by the Director under
section 7502(a)(3) of title 31, United States Code, in
any fiscal year.
(C) Non-federal entity.--The term ``non-Federal
entity'' has the meaning given that term under section
7501 of title 31, United States Code.
(D) Small recipient.--The term ``small recipient''
means a non-Federal entity that expends a total amount
of Federal awards of less than $300,000 or such other
amount specified by the Director under section
7502(a)(3) of title 31, United States Code, in any
fiscal year.
(c) Implementation of Recommendations To Improve Audit Quality.--
(1) Evaluation.--The Director of the Office of Management
and Budget shall evaluate the implementation of the
recommendations made to the Office of Management and Budget by
the President's Council on Integrity and Efficiency in the
report entitled ``Report on National Single Audit Sampling
Project,'' dated June 2007.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Comptroller General of the United
States a report on the results of the evaluation under
paragraph (1).
(d) Deadline for Designation of Oversight Entity.--Not later than
60 days after the date of the enactment of this Act, the Director of
the Office of Management and Budget shall designate an office in the
Office of Management and Budget or another Federal entity under section
7508(c) of title 31, United States Code. | Government Audit Reform Act of 2010 - Expresses the sense of Congress that the Director of the Office of Management and Budget (OMB) should follow the recommendations of the Government Accountability Office (GAO) report entitled "Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight" (GAO-09-307R), issued March 13, 2009.
Amends the Single Audit Act of 1984 to require the OMB Director (or a designee) to monitor and report annually to specified congressional committees and the Comptroller General on the risk, cost-benefit, efficiency, and effectiveness of the implementation of this Act by federal agencies by: (1) evaluating such implementation governmentwide; and (2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes.
Requires the OMB Director to designate an OMB office or another federal entity (oversight entity) to act on OMB's behalf in such monitoring and reporting.
Requires the OMB Director (or a designated oversight entity) to evaluate and report to specified congressional committees and the Comptroller General on the process for the single audit and the program-specific audit to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients.
Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the implementation of the recommendations made to it by the President's Council on Integrity and Efficiency in the report entitled "Report on National Single Audit Sampling Project," dated June 2007.
Establishes a deadline for OMB to designate such oversight entity. | To amend title 31, United States Code, to direct the Director of the Office of Management and Budget to improve oversight of the single audit process, and for other purposes. | [
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SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS.
(a) Authority To Operate.--Under such regulations as the Secretary
of Defense may prescribe, the Chief of the National Guard Bureau may
establish and operate not more than five schools (to be known generally
as ``National Guard counterdrug schools'') for the provision by the
National Guard of training in drug interdiction and counter-drug
activities, and drug demand reduction activities, to the personnel of
the following:
(1) Federal agencies.
(2) State and local law enforcement agencies.
(3) Community-based organizations engaged in such
activities.
(4) Other non-Federal governmental and private entities and
organizations engaged in such activities.
(b) Counterdrug Schools Specified.--The National Guard counterdrug
schools operated under the authority in subsection (a) are as follows:
(1) The National Interagency Civil-Military Institute
(NICI), San Luis Obispo, California.
(2) The Multi-Jurisdictional Counterdrug Task Force
Training (MCTFT), St. Petersburg, Florida.
(3) The Midwest Counterdrug Training Center (MCTC), to be
established in Johnston, Iowa.
(4) The Regional Counterdrug Training Academy (RCTA),
Meridian, Mississippi.
(5) The Northeast Regional Counterdrug Training Center
(NCTC), Fort Indiantown Gap, Pennsylvania.
(c) Use of National Guard Personnel.--(1) To the extent provided
for in the State drug interdiction and counter-drug activities plan of
a State in which a National Guard counterdrug school is located,
personnel of the National Guard of that State who are ordered to
perform full-time National Guard duty authorized under section 112(b)
of that title 32, United States Code, may provide training referred to
in subsection (a) at that school.
(2) In this subsection, the term ``State drug interdiction and
counter-drug activities plan'', in the case of a State, means the
current plan submitted by the Governor of the State to the Secretary of
Defense under section 112 of title 32, United States Code.
(d) Annual Reports on Activities.--(1) Not later than February 1,
2002, and annually thereafter, the Secretary of Defense shall submit to
Congress a report on the activities of the National Guard counterdrug
schools.
(2) Each report under paragraph (1) shall set forth the following:
(A) The amount made available for each National Guard
counterdrug school during the fiscal year ending in the year
preceding the year in which such report is submitted.
(B) A description of the activities of each National Guard
counterdrug school during the year preceding the year in which
such report is submitted.
(3) The report under paragraph (1) in 2002 shall set forth, in
addition to the matters described in paragraph (2), a description of
the activities relating to the establishment of the Midwest Counterdrug
Training Center in Johnston, Iowa.
(e) Authorization of Appropriations.--(1) There is hereby
authorized to be appropriated for the Department of Defense for the
National Guard for fiscal year 2002, $25,000,000 for purposes of the
National Guard counterdrug schools in that fiscal year.
(2) The amount authorized to be appropriated by paragraph (1) is in
addition to any other amount authorized to be appropriated for the
Department of Defense for the National Guard for fiscal year 2002.
(f) Availability of Funds.--(1) Of the amount authorized to be
appropriated by subsection (e)(1)--
(A) $4,000,000 shall be available for the National
Interagency Civil-Military Institute, San Luis Obispo,
California;
(B) $8,000,000 shall be available for the Multi-
Jurisdictional Counterdrug Task Force Training, St. Petersburg,
Florida;
(C) $3,000,000 shall be available for the Midwest
Counterdrug Training Center, Johnston, Iowa;
(D) $5,000,000 shall be available for the Regional
Counterdrug Training Academy, Meridian, Mississippi; and
(E) $5,000,000 shall be available for the Northeast
Regional Counterdrug Training Center, Fort Indiantown Gap,
Pennsylvania.
(2) Amounts available under paragraph (1) shall remain available
until expended.
(g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The
budget of the President that is submitted to Congress under section
1105 of title 31, United States Code, for any fiscal year after fiscal
year 2002 shall set forth as a separate budget item the amount
requested for such fiscal year for the National Guard counterdrug
schools.
(2) It is the sense of Congress that--
(A) the amount authorized to appropriated for the National
Guard counterdrug schools for any fiscal year after fiscal year
2002 should not be less than the amount authorized to be
appropriated for those schools for fiscal year 2002 by
subsection (e)(1), in constant fiscal year 2002 dollars; and
(B) the amount made available to each National Guard
counterdrug school for any fiscal year after fiscal year 2002
should not be less than the amount made available for such
school for fiscal year 2002 by subsection (f)(1), in constant
fiscal year 2002 dollars, except that the amount made available
for the Midwest Counterdrug Training School should not be less
than $5,000,000, in constant fiscal year 2002 dollars. | Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools (counterdrug schools) for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California; (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa; (4) the Regional Counterdrug Training Academy, Meridian, Mississippi; and (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania.. | A bill to authorize the operation by the National Guard of counterdrug schools, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Credit Expansion Act''.
SEC. 2. ELIGIBILITY FOR FARM LOANS.
(a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1922(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the 1st sentence, by inserting after ``limited
liability companies'' the following: ``, and such other legal
entities as the Secretary deems appropriate,'';
(3) in the 2nd sentence, by redesignating clauses (1)
through (4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking ``and
limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities''; and
(5) by adding at the end the following:
``(2) Special deeming rules.--
``(A) Eligibility of certain operating-only
entities.--An entity that is or will become only the
operator of a family farm is deemed to meet the owner-
operator requirements of paragraph (1) if the
individuals that are the owners of the family farm own
more than 50 percent (or such other percentage as the
Secretary determines is appropriate) of the entity.
``(B) Eligibility of certain embedded entities.--An
entity that is an owner-operator described in paragraph
(1), or an operator described in subparagraph (A) of
this paragraph that is owned, in whole or in part, by
other entities, is deemed to meet the direct ownership
requirement imposed under paragraph (1) if at least 75
percent of the ownership interests of each embedded
entity of such entity is owned directly or indirectly
by the individuals that own the family farm.''.
(b) Conservation Loans.--Section 304(c) of such Act (7 U.S.C.
1924(c)) is amended by inserting after ``limited liability companies''
the following: ``, or such other legal entities as the Secretary deems
appropriate,''.
(c) Farm Operating Loans.--Section 311(a) of such Act (7 U.S.C.
1941(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the 1st sentence, by inserting after ``limited
liability companies'' the following: ``, and such other legal
entities as the Secretary deems appropriate,'';
(3) in the 2nd sentence, by redesignating clauses (1)
through (4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking ``and
limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities''; and
(5) by adding at the end the following:
``(2) Special deeming rule.--An entity that is an operator
described in paragraph (1) that is owned, in whole or in part,
by other entities, is deemed to meet the direct ownership
requirement imposed under paragraph (1) if at least 75 percent
of the ownership interests of each embedded entity of such
entity is owned directly or indirectly by the individuals that
own the family farm.''.
(d) Emergency Loans.--Section 321(a) of such Act (7 U.S.C. 1961(a))
is amended--
(1) by striking ``owner-operators (in the case of loans for
a purpose under subtitle A) or operators (in the case of loans
for a purpose under subtitle B)'' each place it appears and
inserting ``(in the case of farm ownership loans in accordance
with subtitle A) owner-operators or operators, or (in the case
of loans for a purpose under subtitle B) operators'';
(2) by inserting after ``limited liability companies'' the
1st place it appears the following: ``, or such other legal
entities as the Secretary deems appropriate''; and
(3) by inserting after ``limited liability companies'' the
2nd place it appears the following: ``, or other legal
entities'';
(4) by striking ``and limited liability companies,'' and
inserting ``limited liability companies, and such other legal
entities'';
(5) by striking ``ownership and operator'' and inserting
``ownership or operator''; and
(6) by adding at the end the following: ``An entity that is
an owner-operator or operator described in this subsection is
deemed to meet the direct ownership requirement imposed under
this subsection if the entity is owned, in whole or in part, by
other entities and each individual that is an owner of the
family farm involved has a direct or indirect ownership
interest in each of the other entities.''.
(e) Conforming Amendments.--
(1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by
striking ``paragraphs (1) and (2) of section 302(a)'' and
inserting ``subparagraphs (A) and (B) of section 302(a)(1)''.
(2) Section 310D of such Act (7 U.S.C. 1934) is amended--
(A) by inserting after ``partnership'' the
following: ``, or such other legal entities as the
Secretary deems appropriate,''; and
(B) by inserting after ``partners'' the following:
``, or owners,''.
(3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11))
is amended--
(A) by inserting after ``joint operation,'' the 1st
place it appears the following: ``or such other legal
entity as the Secretary deems appropriate,'';
(B) by striking ``or joint operators'' each place
it appears and inserting ``joint operators, or
owners''; and
(C) by inserting after ``joint operation,'' each
other place it appears the following: ``or such other
legal entity,''.
(4) Section 359(b)(2) of such Act (7 U.S.C. 2006a(b)(2)) is
amended by striking ``section 302(a)(2) or 311(a)(2)'' and
inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''. | Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans.
Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans.
Deems specified operating-only entities eligible for farm ownership loans.
Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities. | To amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans. | [
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SECTION 1. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
inserting after section 6426 the following new section:
``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS.
``(a) Allowance of Credits.--There shall be allowed as a credit
against the tax imposed by section 4081 an amount equal to the
renewable liquid mixture credit.
``(b) Renewable Liquid Mixture Credit.--
``(1) In general.--For purposes of this section, the
renewable liquid mixture credit is the product of the
applicable amount and the number of gallons of renewable liquid
used by the taxpayer in producing any renewable liquid mixture
for sale or use in a trade or business of the taxpayer.
``(2) Applicable amount.--For purposes of this section, the
applicable amount is $1.00.
``(3) Renewable liquid mixture.--For purposes of this
section, the term `renewable liquid mixture' means a mixture of
renewable liquid and taxable fuel which--
``(A) is sold by the taxpayer producing such
mixture to any person for use as a fuel or feedstock,
or
``(B) is used as a fuel or feedstock by the
taxpayer producing such mixture.
For purposes of subparagraph (A), a mixture produced by any
person at a refinery prior to a taxable event which includes
renewable liquid shall be treated as sold at the time of its
removal from the refinery (and only at such time) or sold to
another person for use as a fuel or feedstock.
``(c) Other Definitions.--For purposes of this subsection:
``(1) Renewable liquid.--The term `renewable liquid' means
liquid hydrocarbons derived from waste and byproduct streams
including: agricultural byproducts and wastes, aqua-culture
products produced from waste streams, food processing plant
byproducts, municipal solid and semi-solid waste streams,
industrial waste streams, automotive scrap waste streams, and
as further provided by regulations.
``(2) Taxable fuel.--The term `taxable fuel' has the
meaning given such term by section 4083(a)(1).
``(3) Feedstock.--The term `feedstock' means any precursor
material subject to further processing to make a petrochemical,
solvent, or other hydrocarbon which has the effect of
displacing conventional crude oil, or products produced from
conventional crude oil.
``(4) Additional definitions.--Any term used in this
section which is also used in section 40B shall have the
meaning given such term by section 40B.
``(d) Certification for Renewable Liquid Fuel.--No credit shall be
allowed under this section unless the taxpayer obtains a certification
(in such form and manner as prescribed by the Secretary) from the
producer of the renewable liquid fuel, which identifies the product
produced.
``(e) Mixture Not Used as Fuel, Etc.--
``(1) Imposition of tax.--If--
``(A) any credit was determined under this section
with respect to renewable liquid used in the production
of any renewable liquid mixture, and
``(B) any person--
``(i) separates the renewable liquid from
the mixture, or
``(ii) without separation, uses the mixture
other than as a fuel,
then there is hereby imposed on such person a tax equal
to the product of the applicable amount and the number
of gallons of such renewable liquid.
``(2) Applicable laws.--All provisions of law, including
penalties, shall, insofar as applicable and not inconsistent
with this section, apply in respect of any tax imposed under
paragraph (1) as if such tax were imposed by section 4081 and
not by this section.
``(f) Coordination With Exemption From Excise Tax.--Rules similar
to the rules under section 40(c) shall apply for purposes of this
section.
``(g) Termination.--This section shall not apply to any sale, use,
or removal for any period after December 31, 2010.''.
(b) Registration Requirement.--Section 4101(a)(1) of the Internal
Revenue Code of 1986 (relating to registration) is amended by inserting
``and every person producing or importing renewable liquid as defined
in section 6426A(c)(1)'' before ``shall register with the Secretary''.
(c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is
amended by inserting after subsection (f) the following new subsection:
``(g) Renewable Liquid Used to Produce Mixture.--
``(1) Used to produce a mixture.--If any person produces a
mixture described in section 6426A in such person's trade or
business, the Secretary shall pay (without interest) to such
person an amount equal to the renewable liquid mixture credit
with respect to such mixture.
``(2) Coordination with other repayment provisions.--No
amount shall be payable under paragraph (1) with respect to any
mixture with respect to which an amount is allowed as a credit
under section 6426A.
``(3) Termination.--This subsection shall not apply with
respect to any renewable liquid fuel mixture (as defined in
section 6426A(b)(3) sold or used after December 31, 2010).''.
(d) Conforming Amendment.--The last sentence of section 9503(b)(1)
is amended by striking ``section 6426'' and inserting ``sections 6426
and 6426A''.
(e) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 6426 the following new item:
``Sec. 6426A. Credit for renewable liquid fuels.''.
(f) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
fuel sold or used after December 31, 2005.
(2) Registration requirement.--The amendment made by
subsection (b) shall take effect on January 1, 2006.
SEC. 2. RENEWABLE LIQUID INCOME TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 40A the following new
section:
``SEC. 40B. RENEWABLE LIQUID USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the renewable
liquid credit determined under this section for the taxable year is an
amount equal to the sum of--
``(1) the renewable liquid mixture credit, plus
``(2) the renewable liquid credit.
``(b) Definition of Renewable Liquid Mixture Credit and Renewable
Liquid Credit.--For purposes of this section--
``(1) Renewable liquid mixture credit.--
``(A) In general.--The renewable liquid mixture
credit of any taxpayer for any taxable year is $1.00
for each gallon of renewable liquid fuel used by the
taxpayer in the production of a qualified renewable
liquid fuel mixture.
``(B) Qualified renewable liquid mixture.--The term
`qualified renewable liquid mixture' means a mixture of
renewable liquid and taxable fuel (as defined in
section 4083(a)(1)), which--
``(i) is sold by the taxpayer producing
such a mixture to any person for use as a fuel
or feedstock, or
``(ii) is used as a fuel or feedstock by
the taxpayer producing such mixture.
``(C) Sale or use must be in trade or business,
etc.--Renewable liquid used in the production of a
qualified renewable liquid fuel mixture shall be taken
into account--
``(i) only if the sale or use described in
subparagraph (B) is in a trade or business of
the taxpayer, and
``(ii) for the taxable year in which such
sale or use occurs.
``(2) Renewable liquid credit.--
``(A) In general.--The renewable liquid credit of
any taxpayer for any taxable year is $1.00 for each
gallon of renewable liquid which is not in a mixture
with taxable fuel and which during the taxable year--
``(i) is used by the taxpayer as a fuel or
feedstock in a trade or business, or
``(ii) is sold by the taxpayer at retail to
a person and placed in the fuel tank of such
person's vehicle.
``(B) User credit not to apply to renewable liquid
sold at retail.--No credit shall be allowed under
subparagraph (A)(i) with respect to any renewable
liquid which was sold in a retail sale described in
subparagraph (A)(ii).
``(c) Certification for Renewable Liquid.--No credit shall be
allowed under this section unless the taxpayer obtains a certification
(in such form and manner as prescribed by the Secretary) from the
producer or importer of the renewable liquid fuel which identifies the
product produced and percentage of renewable liquid fuel in the
product.
``(d) Coordination With Credit Against Excise Tax.--The amount of
the credit determined under this section with respect to any renewable
liquid fuel shall be properly reduced to take into account any benefit
provided with respect to such renewable liquid fuel solely by reason of
the application of section 6426A or 6427(g).
``(e) Definitions and Special Rules.--For purposes of this section,
the term `renewable liquid' means liquid hydrocarbons derived from
waste and byproduct streams including: agricultural byproducts and
wastes, agriculture materials produced from waste streams, food
processing plant byproducts, municipal solid and semi-solid waste
streams, industrial waste streams, automotive scrap waste streams, as
further provided by regulations.
``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.--
``(1) Mixtures.--If--
``(A) any credit was determined under this section
with respect to renewable liquid used in the production
of any qualified renewable liquid mixture, and
``(B) any person--
``(i) separates the renewable liquid from
the mixture, or
``(ii) without separation, uses the mixture
other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the rate applicable
under subsection (b)(1)(A) and the number of
gallons of such renewable liquid in such
mixture.
``(2) Renewable liquid.--If--
``(A) any credit was determined under this section
with respect to the retail sale of any renewable
liquid, and
``(B) any person mixes such renewable liquid or
uses such renewable liquid other than as a fuel, then
there is hereby imposed on such person a tax equal to
the product of the rate applicable under subsection
(b)(2)(A) and the number of gallons of such renewable
liquid.
``(3) Applicable laws.--All provisions of law, including
penalties, shall, insofar as applicable and not inconsistent
with this section, apply in respect of any tax imposed under
subparagraph (A) or (B) as if such tax were imposed by section
4081 and not by this chapter.
``(g) Pass-Thru in the Case of Estates and Trusts.--Under
regulations prescribed by the Secretary, rules similar to the rules of
subsection (d) of section 52 shall apply.
``(h) Termination.--This section shall not apply to any sale or use
after December 31, 2010.''.
(b) Credit Treated as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986 (relating to current year
business credit), is amended by striking ``plus'' at the end of
paragraph (18), by striking the period at the end of paragraph (17),
and inserting ``, plus'', and by inserting after paragraph (19) the
following new paragraph:
``(20) The renewable liquid credit determined under section
40B.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter I of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 40A the
following new item:
``Sec. 40B. Renewable liquid used as fuel.''.
(d) Effective Date.--The amendments made by this section shall
apply to fuel produced, and sold as used, after December 31, 2005. | Amends the Internal Revenue Code to allow: (1) a tax credit against the gasoline excise tax for renewable liquid fuels; and (2) a business tax credit for renewable liquid used as fuel. Defines "renewable liquid" as liquid hydrocarbons derived from certain waste and byproduct streams. Terminates such credits after 2010. | A bill to amend the Internal Revenue Code of 1986 to provide a renewable liquid fuels tax credit, and for other purposes. | [
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SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN
MEDICAL TEST RESULTS.
(a) In General.--Except as provided in subsections (c) and (d), a
life or disability insurer who requires, as a condition for the sale of
a covered insurance product, that an applicant for the purchase of the
product submit to an examination or test by a physician, health
professional, or medical laboratory--
(1) shall require the physician, health professional, or
laboratory to provide the results to the insurer in the form of
a written report containing the findings of the physician,
professional, or laboratory, including the results of all
tests, diagnoses, and conclusions made; and
(2) shall mail, not later than 30 days after the date on
which the insurer receives such report, the report to the
applicant at an address provided for this purpose by the
applicant.
(b) Abnormal Finding.--In any case in which a life or disability
insurer mails a report to an applicant under subsection (a) that
contains a finding of abnormality or irregularity with respect to the
health or condition of the applicant, the insurer shall include with
the report a document that--
(1) highlights the abnormal or irregular finding in
language that is understandable to a person of average
intelligence with no medical training; and
(2) advises the applicant to consult with a suitable health
professional for further explanation and appropriate follow-up.
(c) Election To Receive Results through Physician.--An applicant
described in subsection (a) may elect to have the report described in
such subsection, and the document described in subsection (b), mailed
to a physician of the applicant's choice designated by the applicant
for such purpose, in lieu of having the report and document mailed to
the applicant. The election shall be effective in any case where the
applicant, before the date of the examination or test, submits to the
insurer an election form described in subsection (e)(1) that includes--
(1) a check-off box, marked by hand by the applicant,
showing the applicant's election to have the report and
document mailed to such physician;
(2) the applicant's signature; and
(3) the date on which the form was completed by the
applicant.
(d) Waiver by Applicant.--Subsections (a) and (b) shall not apply
where the applicant, before the date of the examination or test,
declines to receive the results by submitting to the insurer a waiver
form described in subsection (e)(1) that includes--
(1) a check-off box, marked by hand by the applicant,
showing the applicant's choice to waive the applicant's right
to receive any reports under subsection (a);
(2) the applicant's signature; and
(3) the date on which the form was completed by the
applicant.
(e) Requirements Relating to Forms.--
(1) Requirement to supply forms.--A life or disability
insurer described in subsection (a) shall furnish to an
applicant described in such subsection an election form,
sufficient for purposes of subsection (c), and a waiver form,
sufficient for purposes of subsection (d), at the same time the
insurer furnishes to the applicant the application for sale of
the covered product. The forms shall be distinct from, and not
a part of, such application.
(2) Copy.--A life or disability insurer described in
subsection (a) shall furnish to an applicant described in such
subsection a copy of an election form or a waiver form
submitted to the insurer by the applicant upon the insurer's
receipt of the form.
(3) Revocation.--An election under subsection (c), or a
waiver under subsection (d), may be revoked by the applicant at
any time, through a written or oral notification to the life or
disability insurer.
SEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS.
A life or disability insurer who requires, as a condition for the
sale of a covered insurance product, that an applicant for the purchase
of the product submit to an examination or test by a physician, health
professional, or medical laboratory may not disclose to any other
person, in any form, the results of such examination or test, except--
(1) as provided in section 1;
(2) pursuant to a valid and fully executed written
authorization for such disclosure--
(A) during the period specified by the
authorization, in the case of an authorization that
permits the disclosure to be made only during a period
that is shorter than the 2-year period beginning on the
date the authorization is executed by the applicant; or
(B) during 2-year period beginning on the date the
authorization is executed by the applicant, in the case
of any other authorization;
(3) pursuant to a court order, subpoena, warrant, or search
warrant, for use by a law enforcement agency in an official law
enforcement investigation or proceeding inquiring into a
violation of any civil or criminal law, and where such
disclosure is expressly required by an applicable law other
than this Act;
(4) where the disclosure is made to a public health
authority and is expressly required by an applicable law other
than this Act.
SEC. 3. CIVIL ACTION BY AGGRIEVED PERSON.
(a) In General.--Any person who is aggrieved by a violation of this
Act by a life or disability insurer may commence a civil action against
the insurer in an appropriate State court or district court of the
United States.
(b) Relief.--
(1) In general.--In an action under this section, if the
court finds that the defendant has failed to comply with this
Act, the aggrieved person may recover--
(A) statutory damages in an amount equal to $10,000
for each such violation;
(B) compensatory damages; and
(C) punitive damages.
(2) Attorney's fees.--In an action under this section, the
court, in its discretion, may allow a prevailing plaintiff,
other than the United States, a reasonable attorney's fee
(including expert fee) as part of the costs, and the United
States shall be liable for costs the same as a private person.
SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.
For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C.
1012(b); commonly known as the McCarran-Ferguson Act), this Act shall
be considered to specifically relate to the business of insurance.
SEC. 5. REGULATIONS.
The Secretary of Health and Human Services may issue regulations to
carry out this Act.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Applicant.--The term ``applicant'' means an individual
whose death or disability will be, or is, the subject of a
covered insurance product, upon the acceptance by the life or
disability insurer selling the product of the application for
the purchase of the product.
(2) Covered insurance product.--The term ``covered
insurance product'' means--
(A) a life insurance policy or contract, or
benefits under such a policy or contract; or
(B) a disability insurance policy or contract, or
benefits under such a policy or contract.
(3) Disclose.--The term ``disclose'', means to release,
transfer, provide access to, or otherwise divulge the
information to any person other than an individual who is the
subject of the information. Such term includes the placement of
information into a computerized data base, networked computer
system, or any other electronic or magnetic data system, that
more than one person may access by any means.
(4) Life or disability insurer.--The term ``life or
disability insurer'' means--
(A) a person doing business in interstate commerce
who is licensed or certified by a State to provide a
covered insurance product; or
(B) a person who acts as an agent of a person
described in subparagraph (A) with respect to the sale
of a covered insurance product.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on July 1, 1998. | Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results. Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law. Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance. | To require life and disability insurers to disclose an insurance applicant's medical test results to the applicant, unless the applicant specifically declines to receive the results, and otherwise to restrict the disclosure of such results by such insurers. | [
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SECTION 1. FINDINGS.
The Congress finds the following:
(1) In 1941, President Franklin D. Roosevelt overruled his top
generals and ordered the creation of an all Black flight training
program. President Roosevelt took this action one day after the
NAACP filed suit on behalf of Howard University student Yancy
Williams and others in Federal court to force the Department of War
to accept Black pilot trainees. Yancy Williams had a civilian
pilot's license and had earned an engineering degree. Years later,
Major Yancy Williams participated in an air surveillance project
created by President Dwight D. Eisenhower.
(2) Due to the rigid system of racial segregation that
prevailed in the United States during World War II, Black military
pilots were trained at a separate airfield built near Tuskegee,
Alabama. They became known as the ``Tuskegee Airmen''.
(3) The Tuskegee Airmen inspired revolutionary reform in the
Armed Forces, paving the way for full racial integration in the
Armed Forces. They overcame the enormous challenges of prejudice
and discrimination, succeeding, despite obstacles that threatened
failure.
(4) From all accounts, the training of the Tuskegee Airmen was
an experiment established to prove that so-called ``coloreds'' were
incapable of operating expensive and complex combat aircraft.
Studies commissioned by the Army War College between 1924 and 1939
concluded that Blacks were unfit for leadership roles and incapable
of aviation. Instead, the Tuskegee Airmen excelled.
(5) Overall, some 992 Black pilots graduated from the pilot
training program of the Tuskegee Army Air Field, with the last
class finishing in June 1946, 450 of whom served in combat. The
first class of cadets began in July 1941 with 13 airmen, all of
whom had college degrees, some with Ph.D. degrees, and all of whom
had pilot's licenses. One of the graduates was Captain Benjamin O.
Davis Jr., a United States Military Academy graduate. Four aviation
cadets were commissioned as second lieutenants, and 5 received Army
Air Corps silver pilot wings.
(6) That the experiment achieved success rather than the
expected failure is further evidenced by the eventual promotion of
3 of these pioneers through the commissioned officer ranks to flag
rank, including the late General Benjamin O. Davis, Jr., United
States Air Force, the late General Daniel ``Chappie'' James, United
States Air Force, our Nation's first Black 4-star general, and
Major General Lucius Theus, United States Air Force (retired).
(7) 450 Black fighter pilots under the command of then Colonel
Benjamin O. Davis, Jr., fought in World War II aerial battles over
North Africa, Sicily, and Europe, flying, in succession, P-40, P-
39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties
and 1,578 missions with the 12th Tactical Air Force and the 15th
Strategic Air Force.
(8) Colonel Davis later became the first Black flag officer of
the United States Air Force, retired as a 3-star general, and was
honored with a 4th star in retirement by President William J.
Clinton.
(9) German pilots, who both feared and respected the Tuskegee
Airmen, called them the ``Schwartze Vogelmenschen'' (or ``Black
Birdmen''). White American bomber crews reverently referred to them
as the ``Black Redtail Angels'', because of the bright red painted
on the tail assemblies of their fighter aircraft and because of
their reputation for not losing bombers to enemy fighters as they
provided close escort for bombing missions over strategic targets
in Europe.
(10) The 99th Fighter Squadron, after having distinguished
itself over North Africa, Sicily, and Italy, joined 3 other Black
squadrons, the 100th, the 301st, and the 302nd, designated as the
332nd Fighter Group. They then comprised the largest fighter unit
in the 15th Air Force. From Italian bases, they destroyed many
enemy targets on the ground and at sea, including a German
destroyer in strafing attacks, and they destroyed numerous enemy
aircraft in the air and on the ground.
(11) 66 of these pilots were killed in combat, while another 32
were either forced down or shot down and captured to become
prisoners of war. These Black airmen came home with 150
Distinguished Flying Crosses, Bronze Stars, Silver Stars, and
Legions of Merit, one Presidential Unit Citation, and the Red Star
of Yugoslavia.
(12) Other Black pilots, navigators, bombardiers and crewman
who were trained for medium bombardment duty as the 477th Bomber
Group (Medium) were joined by veterans of the 332nd Fighter Group
to form the 477th Composite Group, flying the B-25 and P-47
aircraft. The demands of the members of the 477th Composite Group
for parity in treatment and for recognition as competent military
professionals, combined with the magnificent wartime records of the
99th Fighter Squadron and the 332nd Fighter Group, led to a review
of the racial policies of the Department of War.
(13) In September 1947, the United States Air Force, as a
separate service, reactivated the 332d Fighter Group under the
Tactical Air command. Members of the 332d Fighter Group were ``Top
Guns'' in the 1st annual Air Force Gunnery Meet in 1949.
(14) For every Black pilot, there were 12 other civilian or
military Black men and women performing ground support duties. Many
of these men and women remained in the military service during the
post-World War II era and spearheaded the integration of the Armed
Forces of the United States.
(15) Major achievements are attributed to many of those who
returned to civilian life and earned leadership positions and
respect as businessmen, corporate executives, religious leaders,
lawyers, doctors, educators, bankers, and political leaders.
(16) A period of nearly 30 years of anonymity for the Tuskegee
Airmen was ended in 1972 with the founding of Tuskegee Airmen,
Inc., in Detroit, Michigan. Organized as a non-military and
nonprofit entity, Tuskegee Airmen, Inc., exists primarily to
motivate and inspire young Americans to become participants in our
Nation's society and its democratic process, and to preserve the
history of their legacy.
(17) The Tuskegee Airmen have several memorials in place to
perpetuate the memory of who they were and what they accomplished,
including--
(A) the Tuskegee Airmen, Inc., National Scholarship Fund
for high school seniors who excel in mathematics, but need
financial assistance to begin a college program;
(B) a museum in historic Fort Wayne in Detroit, Michigan;
(C) Memorial Park at the Air Force Museum at Wright-
Patterson Air Force Base in Dayton, Ohio;
(D) a statue of a Tuskegee Airman in the Honor Park at the
United States Air Force Academy in Colorado Springs, Colorado;
and
(E) a National Historic Site at Moton Field, where primary
flight training was performed under contract with the Tuskegee
Institute.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design in honor of the Tuskegee Airmen,
collectively, in recognition of their unique military record, which
inspired revolutionary reform in the Armed Forces.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in honor
of the Tuskegee Airmen under subsection (a), the gold medal shall
be given to the Smithsonian Institution, where it will be displayed
as appropriate and made available for research.
(2) Sense of the congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
received under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Tuskegee Airmen.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medals
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. Directs that, after such award, the medal be displayed at the Smithsonian Institution. Expresses the sense of Congress that such Institution should make the medal available for display elsewhere, particularly at locations associated with the Airmen.
Provides funding from the United States Mint Public Enterprise Fund to cover the cost of duplicate medals authorized for sale. | To award a congressional gold medal on behalf of the Tuskegee Airmen, collectively, in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Technology Partnerships
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are more than 200,000 to 400,000 vacancies in
various categories of information technology jobs.
(2) From 1996 to 2005, more than 1,300,000 new computer
scientists, engineers, and systems analysts will be required in
the United States to fill vacant jobs, which equals 136,800 new
workers per year.
(3) Systems analysts will experience the largest job
growth, accounting for a 103 percent increase in the number of
new positions from 1996 (506,000) to 2005 (1,025,000).
(4) The shortage of information technology workers
transcends industries, affecting the manufacturing, service,
transportation, health care, education, and government sectors.
Within each sector, vacancies exist at all levels from aides
and mechanics to programmers and designers.
(5) The information technology worker shortage is having an
adverse effect on the viability of businesses in the United
States and on the Nation's competitiveness. Industry surveys
report that half of industry executives cite the lack of
workers skilled in technology as the number one obstacle to
their company's growth. An additional 20 percent of industry
executives identify the lack of information technology workers
as a major obstacle to their company's growth.
(6) A major factor affecting the short supply of
information technology workers is the mismatch between what
universities teach and what industry needs.
(7) It is in the national interest to promote special
initiatives which effectively educate and train our domestic
workforce to keep pace with these expanding job opportunities.
(8) Institutions of higher education have the capacity and
resources to provide a role of oversight and technical
assistance to a wide range of local entities, including
community-based organizations, participating in a comprehensive
education and training program for potential technology
workers.
(9) Higher education institutions must be responsive to the
digital environment and expand both their outreach efforts and
on-campus activities to train and certify individuals to close
the information technology worker gap.
SEC. 3. PARTNERSHIPS FOR POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION
AND EMPLOYMENT ASSISTANCE.
(a) Grants Authorized.--The Secretary may make grants under this
Act, in accordance with competitive criteria established by the
Secretary, to institutions of higher education, in order to establish,
oversee the operation of, and provide technical assistance to, projects
described in subsection (b).
(b) Projects.--Projects under this Act shall be projects
implemented by a community-based organization described in section 4,
or by the institution of higher education receiving the grant, to
provide postsecondary information technology education and employment
procurement assistance to eligible individuals described in section 5.
(c) Restrictions.--An institution of higher education shall be
eligible to receive only one grant under this Act, but may, subject to
the requirements of this Act, use the grant to enter into contracts
with more than one community-based organization. A community-based
organization shall not be eligible to enter into a contract under this
Act with more than one institution of higher education.
(d) Period of Grant.--The provision of payments under a grant under
this Act shall not exceed 5 fiscal years and shall be subject to the
annual approval of the Secretary and subject to the availability of
appropriations for each fiscal year involved.
SEC. 4. COMMUNITY-BASED ORGANIZATIONS.
(a) In General.--Subject to subsection (b), a community-based
organization described in this section is an entity that, at the time
the entity enters into a contract with an institution of higher
education for a project under this Act, and throughout the duration of
that contract--
(1) is--
(A) a governmental agency; or
(B) an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; and
(2) is one of the following:
(A) A local partnership (as defined in section 4 of
the School-to-Work Opportunities Act of 1994) receiving
a grant under section 302 of such Act.
(B) An entity organized and operated for religious
purposes.
(C) An entity furnishing school-age child care
services after school.
(D) A community-based computer center.
(E) An entity furnishing adult education.
(F) A library.
(G) A museum.
(H) Any other entity organized and operated for
cultural, literary, or educational purposes.
(b) Limitation.--An entity shall not be considered a community-
based organization described in this section unless, at the time the
entity enters into a contract with an institution of higher education
for a project under this Act, it has demonstrated to the satisfaction
of the Secretary that--
(1) it has the capacity successfully to recruit eligible
individuals described in section 5 for participation in a
project described in section 3, consistent with the enrollment
requirements in section 6(b)(5);
(2) it is providing an educational service, social service,
or employment procurement service; and
(3) in the case of an entity that independently manages its
own finances, it has been in existence 2 years or more.
SEC. 5. ELIGIBLE INDIVIDUALS.
An eligible individual described in this section is an individual
who--
(1) has submitted a satisfactory application to receive
postsecondary information technology education and employment
procurement assistance through a project under this Act; and
(2) has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate.
SEC. 6. DUTIES.
(a) Institutions of Higher Education.--An institution of higher
education receiving a grant under this Act shall use the funds provided
under the grant to carry out the following duties:
(1) Final selection of community-based organizations
described in section 4 desiring to provide, at one or more
sites, in accordance with a contract with the institution of
higher education and this Act, postsecondary information
technology education and employment procurement assistance to
eligible individuals described in section 5.
(2) Entering into a contract with each community-based
organization selected under paragraph (1) under which the
institution and the organization agree to carry out the duties
respectively required of them under this Act with respect to
each site described in paragraph (1).
(3) With respect to each site described in paragraph (1)--
(A) provision of such funding for the establishment
and initial operation of the site as was specified in
the grant application submitted by the institution to
the Secretary;
(B) approval of final site selection and
preparation;
(C) initial orientation and training of personnel
employed to manage and operate the site;
(D) design and certification of the instructional
and academic programs, and oversight of the
implementation of the programs;
(E) oversight of equipment purchases and contracts
for equipment maintenance; and
(F) selection of an outside contractor for periodic
evaluation of the management and operation of the site.
(b) Community-Based Organizations.--
(1) In general.--A community-based organization
implementing a project under this Act with an institution of
higher education, at one or more sites, shall carry out the
duties described in this subsection, with respect to each such
site, subject to the oversight and guidance of the institution.
(2) General duties.--The organization--
(A) shall undertake final site selection and
preparation;
(B) shall recruit and hire a site director;
(C) shall carry out any supplementary
instructional, academic, or educational activities
specified in the contract with the institution of
higher education that are not described in paragraph
(4);
(D) shall assemble an advisory committee composed
of individuals residing in the community in which the
site is located, as well as industry representatives,
who desire to assist the organization in ensuring that
the goals of the organization are consistent with the
goals and needs of the community population;
(E) shall provide to the institution other evidence
of volunteer support from individuals residing in the
community in which the site is located and industry
representatives;
(F) shall recruit eligible individuals for
enrollment, subject to paragraph (5);
(G) shall maintain waiting lists of eligible
individuals desiring to enroll in the project's
programs;
(H) shall provide career counseling to eligible
individuals enrolled in the project's programs; and
(I) shall provide job and internship information
and placement, employer contacts, and other forms of
employment procurement assistance to eligible
individuals enrolled in the project's programs.
(3) Site requirements.--The organization shall ensure that
each site--
(A) has a minimum of 20 fully functioning computers
with sufficient capacity to perform all of the computer
operations that are the subject of the curriculum
specified in paragraph (4);
(B) in addition to the space for the computers
described in subparagraph (A), has--
(i) a classroom space with the capacity for
seating a minimum of 30 students;
(ii) a space in which to conduct the
required career and employment counseling
functions specified in paragraph (2); and
(iii) a separate office for the site
director;
(C) is real property subject to the control of the
organization or the institution, through a lease or
other legal instrument, for a period of not less than 5
years;
(D) is open to enrolled individuals not less than
12 hours per day; and
(E) is located within walking distance of public
transportation.
(4) Information technology curriculum.--
(A) In general.--The organization shall ensure that
each site offers enrollees a curriculum that includes a
broad range of course work that will assist them in
qualifying for employment in the field of information
technology.
(B) Courses leading to certification.--Such
curriculum shall include course work leading to a
certification of competence in areas of information
technology recognized by the National Skill Standards
Board established under the National Skill Standards
Act of 1994.
(C) Specific courses.--The computer training
offered shall include courses in basic computer
competence, on-the-job upgrade assistance, and advanced
computer competence.
(5) Enrollment requirements.--The organization shall ensure
that its enrollment of eligible individuals at each site is
consistent with the following:
(A) Not less than 50 percent of the eligible
individuals shall be, at the time of enrollment,
individuals--
(i) to whom a credit was allowed under
section 32 of the Internal Revenue Code of 1986
for the preceding taxable year;
(ii) who are recipients of assistance under
a State program funded under part A of title IV
of the Social Security Act;
(iii) who are a member of a household
participating in the food stamp program; or
(iv) who are considered low-income pursuant
to regulations promulgated by the Secretary
under this Act.
(B) Not less than 50 percent of the eligible
individuals shall be, at the time of enrollment, under
25 years of age.
(C) No prerequisite relating to net worth, income,
or assets may be applied to any eligible individual
who, at the time of enrollment, is over 50 years of
age, except that this requirement shall not be
construed to supersede subparagraph (A).
SEC. 7. IMPLEMENTATION OF PROJECTS SOLELY BY INSTITUTIONS.
The Secretary may make a grant under this Act to an institution of
higher education that desires to implement a project under this Act
without the participation of a community-based organization described
in section 4, if the institution agrees to carry out all of the duties
required of such an organization under this Act, in addition to the
duties otherwise required of an institution of higher education. The
Secretary shall, in awarding grants under this Act, give priority to
institutions of higher education whose grant application includes an
assurance that the institution will contract with one or more
community-based organizations in accordance with this Act.
SEC. 8. APPLICATIONS.
To apply for a grant under this Act for any fiscal year, an
institution of higher education shall submit an application to the
Secretary in accordance with the procedures established by the
Secretary. The application shall specify the institution's preliminary
selections for the community-based organizations (if any) with which
the institution proposes to contract, and shall include information
with respect to preliminary site selections.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$100,000,000 for fiscal year 1999 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) Adult education.--The term ``adult education'' has the
meaning given such term in section 312 of the Adult Education
Act.
(2) Community-based computer center.--The term ``community-
based computer center'' means a computer center--
(A) funded by both the Federal Government and at
least one private sector entity;
(B) located in a low-income community (as
determined by the Secretary); and
(C) organized and operated for the purpose of
providing families with access to computer resources
that otherwise would not be available to them.
(3) Food stamp program.--The term ``food stamp program''
has the meaning given such term in section 3(h) of the Food
Stamp Act of 1977.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 1201 of the Higher Education Act of 1965.
(5) Library.--The term ``library'' has the meaning given
such term in section 213 of the Library Services and Technology
Act.
(6) Museum.--The term ``museum'' has the meaning given such
term in section 272 of the Museum and Library Services Act.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Information Technology Partnerships Act - Authorizes the Secretary of Education to make competitive grants to institutions of higher education to establish, oversee, and provide technical assistance to postsecondary information technology education and employment assistance projects.
Requires such projects to be implemented by certain types of community-based organizations, or by the institutions receiving the grants.
Makes applicants eligible for such project assistance if they have a high school diploma or equivalent.
Sets forth requirements for: (1) duties of, and uses of project funds by, institutions of higher education and community-based organizations; (2) project sites; (3) information technology curricula; and (4) minimum enrollment percentages of specified low-income individuals and individuals under age 25.
Authorizes grants for implementation of a project solely by institutions of higher education without the participation of community-based organizations; but gives grant award priority to institutions of higher education whose grant applications include an assurance that they will contract with one or more community-based organizations.
Authorizes appropriations. | Information Technology Partnerships Act | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Transparency and Ethics
Enhancement Act of 2006''.
SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.
(a) Creation and Duties.--Part III of title 28, United States Code,
is amended by adding at the end the following:
``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH
``1021. Establishment.
``1022. Appointment of Inspector General.
``1023. Duties.
``1024. Powers.
``1025. Reports.
``1026. Whistleblower protection.
``Sec. 1021. Establishment
``There is established for the judicial branch of the Government
the Office of Inspector General for the Judicial Branch (hereinafter in
this chapter referred to as the `Office').
``Sec. 1022. Appointment of Inspector General
``The head of the Office shall be the Inspector General, who shall
be appointed by the Chief Justice of the United States after
consultation with the majority and minority leaders of the Senate and
the Speaker and minority leader of the House of Representatives.
``Sec. 1023. Duties
``With respect to the Judicial Branch, other than the United States
Supreme Court, the Office shall--
``(1) conduct investigations of matters pertaining to the
Judicial Branch, including possible misconduct in office of
judges and proceedings under chapter 16 of this title, that may
require oversight or other action within the Judicial Branch or
by Congress;
``(2) conduct and supervise audits and investigations;
``(3) prevent and detect waste, fraud, and abuse; and
``(4) recommend changes in laws or regulations governing
the Judicial Branch.
``Sec. 1024. Powers
``In carrying out the duties of the Office, the Inspector General
shall have the power--
``(1) to make investigations and reports;
``(2) to obtain information or assistance from any Federal,
State, or local governmental agency, or other entity, or unit
thereof, including all information kept in the course of
business by the Judicial Conference of the United States, the
judicial councils of circuits, the Administrative Office of the
United States Courts, and the United States Sentencing
Commission;
``(3) to require, by subpoena or otherwise, the attendance
and testimony of such witnesses, and the production of such
books, records, correspondence memoranda, papers, and
documents, which subpoena, in the case of contumacy or refusal
to obey, shall be enforceable by civil action;
``(4) to administer to or take from any person an oath,
affirmation, or affidavit;
``(5) to employ such officers and employees, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates;
``(6) to obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-18 of the General
Schedule by section 5332 of title 5, United States Code; and
``(7) to the extent and in such amounts as may be provided
in advance by appropriations Acts, to enter into contracts and
other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and to
make such payments as may be necessary to carry out the duties
of the Office.
``Sec. 1025. Reports
``(a) When to Be Made.--The Inspector General shall--
``(1) make an annual report to the Chief Justice and to
Congress relating to the activities of the Office; and
``(2) make prompt reports to the Chief Justice and to
Congress on matters that may require action by them.
``(b) Sensitive Matter.--If a report contains sensitive matter, the
Inspector General may so indicate and Congress may receive that report
in closed session.
``(c) Duty to Inform Attorney General.--In carrying out the duties
of the Office, the Inspector General shall report expeditiously to the
Attorney General whenever the Inspector General has reasonable grounds
to believe there has been a violation of Federal criminal law.
``Sec. 1026. Whistleblower protection
``(a) In General.--No officer, employee, agent, contractor or
subcontractor in the Judicial Branch may discharge, demote, threaten,
suspend, harass or in any other manner discriminate against an employee
in the terms and conditions of employment because of any lawful act
done by the employee to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
possible violation of Federal law or regulation, or misconduct, by a
judge or any other employee in the Judicial Branch, which may assist
the Inspector General in the performance of duties under this chapter.
``(b) Civil Action.--An employee injured by a violation of
subsection (a) may, in a civil action, obtain appropriate relief.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 28, United States Code, is amended by adding at the end the
following new item:
``60. Inspector General for the Judicial Branch.''. | Judicial Transparency and Ethics Enhancement Act of 2006 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the U.S. government, to be headed by an Inspector General appointed by the Chief Justice.
Requires the Office to: (1) investigate matters pertaining to the Judicial Branch (other than the Supreme Court), including possible misconduct in office of justices and judges; (2) conduct and supervise audits and investigations; and (3) prevent and detect waste, fraud, and abuse.
Provides for whistleblower protection. | To amend title 28, United States Code, to provide for the detection and prevention of inappropriate conduct in the Federal judiciary. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Cities Act of 2017''.
SEC. 2. SECURING THE CITIES PROGRAM.
(a) In General.--Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended by adding at the end the following new
section:
``SEC. 1908. SECURING THE CITIES PROGRAM.
``(a) Establishment.--The Director for Domestic Nuclear Detection
shall establish the `Securing the Cities' (`STC') program to enhance
the ability of the United States to detect and prevent terrorist
attacks and other high consequence events utilizing nuclear or other
radiological materials that pose a high risk to homeland security in
high-risk urban areas. Through the STC program the Director shall--
``(1) assist State, local, tribal, and territorial
governments in designing and implementing, or enhancing
existing, architectures for coordinated and integrated
detection and interdiction of nuclear or other radiological
materials that are out of regulatory control;
``(2) support the development of a region-wide operating
capability to detect and report on nuclear and other
radioactive materials out of regulatory control;
``(3) provide resources to enhance detection, analysis,
communication, and coordination to better integrate State,
local, tribal, and territorial assets into Federal operations;
``(4) facilitate alarm adjudication and provide subject
matter expertise and technical assistance on concepts of
operations, training, exercises, and alarm response protocols;
``(5) communicate with, and promote sharing of information
about the presence or detection of nuclear or other
radiological materials among appropriate Federal, State, local,
tribal, and territorial governments, in a manner that ensures
transparency with the jurisdictions served by such program;
``(6) provide augmenting resources, as appropriate,
enabling State, local, tribal, and territorial governments to
sustain and refresh their capabilities developed under the STC
program; and
``(7) provide any other assistance the Director determines
appropriate.
``(b) Designation of Jurisdictions.--In carrying out the program
under subsection (a), the Director shall designate jurisdictions from
among high-risk urban areas under section 2003, and other cities and
regions, as appropriate.
``(c) Congressional Notification.--The Director shall notify the
Committee on Homeland Security and the Committee on Appropriations of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
not later than three days before the designation of new jurisdictions
under subsection (b) or other changes to participating
jurisdictions.''.
(b) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate an assessment, including an evaluation of
the effectiveness, of the Securing the Cities program under section
1908 of the Homeland Security Act of 2002, as added by subsection (a)
of this section.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1907 the following new item:
``Sec. 1908. Securing the Cities program.''.
SEC. 3. MODEL EXERCISES.
Not later than 120 days after the date of the enactment of this
Act, the Director for Domestic Nuclear Detection of the Department of
Homeland Security shall report to the Committee on Homeland Security
and the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate on the feasibility of the
Director developing model exercises to test the preparedness of
jurisdictions participating in the Securing the Cities program under
section 1908 of the Homeland Security Act of 2002 (as added by section
2 of this Act) in meeting the challenges that may be posed by a range
of nuclear and radiological threats.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Passed the House of Representatives January 31, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Securing the Cities Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Domestic Nuclear Detection Office (DNDO) to establish the Securing the Cities program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Under such program, the DNDO shall: assist state, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; provide resources to enhance detection, analysis, communication, and coordination to better integrate state, local, tribal, and territorial assets into federal operations; facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols; communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among, appropriate federal, state, local, tribal, and territorial governments in a manner that ensures transparency; provide augmenting resources to enable state, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the program; and designate participating jurisdictions from among high-risk urban areas and other cities and regions, as appropriate, and notify Congress at least three days before designating or changing such jurisdictions. The Comptroller General is required to submit an assessment evaluating the effectiveness of the program. (Sec. 3) The DNDO shall report to Congress on the feasibility of developing model exercises to test the preparedness of jurisdictions participating in the program in meeting the challenges that may be posed by a range of nuclear and radiological threats. | Securing the Cities Act of 2017 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Homes, Small
Businesses, and Private Property Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The protection of homes, small businesses, and other
private property rights against government seizures and other
unreasonable government interference is a fundamental principle
and core commitment of our Nation's Founders.
(2) As Thomas Jefferson wrote on April 6, 1816, the
protection of such rights is ``the first principle of
association, the guarantee to every one of a free exercise of
his industry, and the fruits acquired by it''.
(3) The Fifth Amendment of the United States Constitution
specifically provides that ``private property'' shall not ``be
taken for public use without just compensation''.
(4) The Fifth Amendment thus provides an essential
guarantee of liberty against the abuse of the power of eminent
domain, by permitting government to seize private property only
``for public use''.
(5) On June 23, 2005, the United States Supreme Court
issued its decision in Kelo v. City of New London, No. 04-108.
(6) As the Court acknowledged, ``it has long been accepted
that the sovereign may not take the property of A for the sole
purpose of transferring it to another private party B'', and
that under the Fifth Amendment, the power of eminent domain may
be used only ``for public use''.
(7) The Court nevertheless held, by a 5-4 vote, that
government may seize the home, small business, or other private
property of one owner, and transfer that same property to
another private owner, simply by concluding that such a
transfer would benefit the community through increased economic
development.
(8) The Court's decision in Kelo is alarming because, as
Justice O'Connor accurately noted in her dissenting opinion,
joined by the Chief Justice and Justices Scalia and Thomas, the
Court has ``effectively . . . delete[d] the words `for public
use' from the Takings Clause of the Fifth Amendment'' and
thereby ``refus[ed] to enforce properly the Federal
Constitution''.
(9) Under the Court's decision in Kelo, Justice O'Connor
warns, ``[t]he specter of condemnation hangs over all property.
Nothing is to prevent the State from replacing any Motel 6 with
a Ritz-Carlton, any home with a shopping mall, or any farm with
a factory''.
(10) Justice O'Connor further warns that, under the Court's
decision in Kelo, ``[a]ny property may now be taken for the
benefit of another private party'', and ``the fallout from this
decision will not be random. The beneficiaries are likely to be
those citizens with disproportionate influence and power in the
political process, including large corporations and development
firms. As for the victims, the government now has license to
transfer property from those with fewer resources to those with
more. The Founders cannot have intended this perverse result''.
(11) As an amicus brief filed by the National Association
for the Advancement of Colored People, AARP, and other
organizations noted, ``[a]bsent a true public use requirement
the takings power will be employed more frequently. The takings
that result will disproportionately affect and harm the
economically disadvantaged and, in particular, racial and
ethnic minorities and the elderly''.
(12) It is appropriate for Congress to take action,
consistent with its limited powers under the Constitution, to
restore the vital protections of the Fifth Amendment and to
protect homes, small businesses, and other private property
rights against unreasonable government use of the power of
eminent domain.
(13) It would also be appropriate for States to take action
to voluntarily limit their own power of eminent domain. As the
Court in Kelo noted, ``nothing in our opinion precludes any
State from placing further restrictions on its exercise of the
takings power''.
SEC. 3. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE
PROPERTY RIGHTS.
(a) In General.--The power of eminent domain shall be available
only for public use.
(b) Public Use.--In this Act, the term ``public use'' shall not be
construed to include economic development.
(c) Application.--This Act shall apply to--
(1) all exercises of eminent domain power by the Federal
Government; and
(2) all exercises of eminent domain power by State and
local government through the use of Federal funds. | Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds. | To protect homes, small businesses, and other private property rights, by limiting the power of eminent domain. | [
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SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.05.70 Front panels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with a viewable
diagonal
measurement of
80.01 cm, an
outer panel
radius of less
than 500 cm, and
an aspect ratio
of 4:3 (provided
for in subheading
7011.20.80)......
9902.05.71 Front panels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with a viewable
diagonal
measurement of
90.17 cm, an
outer panel
radius of less
than 500 cm, and
an aspect ratio
of 4:3 (provided
for in subheading
7011.20.80)......
9902.05.72 Front panels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with a viewable
diagonal
measurement of
76.00 cm, an
outer panel
radius of greater
than 500 cm, and
an aspect ratio
of 16:9 (provided
for in subheading
7011.20.80)......
9902.05.73 Front panels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with a viewable
diagonal
measurement of
85.50 cm, an
outer panel
radius of greater
than 500 cm, and
an aspect ratio
of 16:9 (provided
for in subheading
7011.20.80)......
9902.05.74 32V funnel for use Free No change No change On or before 12/ ...
with curved 31/2009
screen panels
(provided for in
subheading
7011.20.10)......
9902.05.75 32V funnel for use Free No change No change On or before 12/ ...
with Pure Flat 31/2009
(PF) panels
(provided for in
subheading
7011.20.10)......
9902.05.76 Funnels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with an outside
diagonal
measurement of
94.12 cm and an
aspect ratio of
4:3. (provided
for in subheading
7011.20.10)......
9902.05.77 Funnels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with an outside
diagonal
measurement of
80.87 cm and an
aspect ratio of
16:9. (provided
for in subheading
7011.20.10)......
9902.05.78 Funnels for Free No change No change On or before 12/ ...
cathode-ray 31/2009
television
picture tubes
with an outside
diagonal
measurement of
91.50 cm and an
aspect ratio of
16:9. (provided
for in subheading
7011.20.10)......
9902.05.79 Pre-assembled Free No change No change On or before 12/ ...
glass envelopes 31/2009
consisting of a
panel with a
viewable diagonal
measurement of 21
cm or less,
funnel and neck
for projection
cathode-ray
television
picture tubes
(provided for in
subheading
7011.20.80)......
9902.05.80 Aperture masks Free No change No change On or before 12/ ...
made from 31/2009
aluminum-killed,
open-coil
annealed steel
for color picture
tubes (provided
for in subheading
8540.91.50)......
9902.05.81 Three-beam Free No change No change On or before 12/ ...
electron guns for 31/2009
cathode ray tubes
(provided for in
subheading
8540.91.50)......
9902.05.82 One-beam electron Free No change No change On or before 12/ ...
guns for 31/2009
projection
cathode-ray tubes
(provided for in
subheading
8540.91.50)......
9902.05.83 Aperture masks Free No change No change On or before 12/ ''.
made from an 31/2009
alloy of iron and
nickel (FeNi 36)
for color picture
tubes. (provided
for in subheading
8540.91.50)......
(b) Effective Date.--The amendment made by subsection (a) applies
to goods entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of enactment of this Act.
SEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
`` 9902.05.94 Front panels for 3.0% No change No change On or before 12/ ''.
cathode-ray 31/2009
television
picture tubes
with a viewable
diagonal
measurement of
80.03 cm, an
outer panel
radius of greater
than 500 cm, and
an aspect ratio
of 4:3 (provided
for in subheading
7011.20.80.30)...
(b) Effective Date.--The amendment made by subsection (a) applies
to goods entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on certain: (1) front panels for cathode-ray television picture tubes; (2) 32V funnels for use with curved screen panels; (3) 32V funnels for use with Pure Flat (PF) panels; (4) certain funnels for cathode-ray television picture tubes; (5) pre-assembled glass envelopes; (6) aperture masks made from aluminum-killed, open-coil annealed steel for color picture tubes; (7) three-beam electron guns for cathode ray tubes; (8) one-beam electron guns for projection cathode-ray tubes; and (9) aperture masks.
Reduces, through such date, the duty on front panels for certain cathode-ray television picture tubes. | To suspend temporarily the duty on certain items and to reduce temporarily the duty on certain items. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microbicide Development Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Women and girls are the new face of HIV/AIDS, and are
increasingly affected by the disease in every region of the
world. As of 2006, nearly half of the 37,200,000 adults living
with HIV and AIDS worldwide were women. In sub-Saharan Africa,
that proportion was 59 percent.
(2) Because of their social and biological vulnerabilities,
young women are particularly at risk of HIV infection. In sub-
Saharan Africa, the prevalence of HIV/AIDS is three times
higher among women ages 15 to 24 than it is among men in that
same age group.
(3) Women infected with HIV can transmit the infection to
their infants during pregnancy, labor, delivery, or breast-
feeding. The most effective way to interrupt mother-to-child
transmission is to ensure that mothers are not infected in the
first place.
(4) Many women who become infected with HIV have just one
sexual partner--their husband. Marriage is not necessarily
effective protection against HIV, because to protect themselves
from HIV, women have to rely on their male partners to be
faithful or to use condoms. Many women, especially in the
developing world, are unable to insist on mutual monogamy or
negotiate condom use, particularly in long-term relationships.
(5) Scientists are working on a promising new prevention
tool that could slow down the spread of the HIV/AIDS epidemic--
microbicides. Formulated as gels, creams, tablets or rings,
microbicides are being designed to stop the transmission of the
pathogens that cause AIDS and other sexually transmitted
infections (referred to in this section as ``STIs'').
Microbicides could allow a woman to protect herself from
disease.
(6) Couples need a method of HIV protection that will allow
them to conceive a child and start a family. No existing HIV
prevention method also allows conception. Some microbicides in
development may allow women to become pregnant while at the
same time protecting them from infection.
(7) According to UNICEF, worldwide, the lack of HIV/AIDS
prevention and treatment has left over 15,000,000 children as
orphans. Of these, more than 12,000,000 live in sub-Saharan
Africa. The number of AIDS orphans in sub-Saharan Africa alone
is expected to grow to nearly 16,000,000 by 2010.
(8) HIV prevention tools like microbicides could also be
valuable for women in the United States, who account for an
increasing proportion of new HIV and AIDS cases among
Americans. Minority women in the United States are particularly
affected. Both African-American and Latina women account for a
disproportionate number of new AIDS cases, and HIV/AIDS was the
leading cause of death in 2002 for African-American women ages
25 to 34.
(9) With nearly 20,000,000 new cases of sexually
transmitted infections occurring every year, the United States
has the highest STI rates of any industrialized nation. Like
HIV, STIs pose significant health threats and costs, with young
people and women bearing a disproportionate burden. Nearly half
of new STI cases each year occur in people under 25 years of
age with women both more vulnerable to infection and more
likely to experience serious and lasting health consequences
when they do become infected. Some microbicides could help
prevent STIs.
(10) HIV/AIDS threatens national and global security.
Beyond its burdens on individuals, families, and communities,
the pandemic reduces economic growth, decimates health budgets,
undermines civil society, and burdens the armed forces of many
nations, including the United States military.
(11) The microbicide field has gained considerable
scientific momentum. Several first-generation products are in
large-scale human trials to measure effectiveness, and new
products based on recent advances in HIV treatment are well
into safety trials.
(12) Microbicides are a public health good with potential
for large social benefits but limited economic incentives for
private investment, so that public funding is required to fill
the gap. As is the case for vaccines and other public goods,
microbicide development must depend heavily on government
leadership and investment.
(13) The Federal Government needs to make a strong
commitment to microbicide research and development. Three
agencies, the National Institutes of Health, Centers for
Disease Control and Prevention, and United States Agency for
International Development, have played important roles in the
progress to date, and each makes a valuable and unique
contribution. As the primary Federal agency for conducting and
supporting medical research and the largest single Federal
Government contributor to microbicide research, the National
Institutes of Health supports the Microbicide Trials Network as
well as other important research activities. The United States
Agency for International Development sustains strong
partnerships with public and private organizations working on
microbicide research, including trials in developing countries
where its experience is extensive, and is well positioned to
facilitate introduction of microbicides once available. The
Centers for Disease Control and Prevention has a long history
of conducting field trials in developing countries, but the
extent of its current engagement remains quite limited.
(14) According to the National Institutes of Health's
strategic plan, microbicides may provide ``one of the most
promising primary preventative interventions that could be
safe, effective, readily available, affordable, and widely
acceptable''. In a recent report to Congress, the United States
Agency for International Development states that ``the US
government is firmly committed to accelerating the development
of safe and effective microbicides to prevent HIV''. In
addition, the President's Emergency Plan for AIDS Relief
recognizes the urgency of developing safe and effective
microbicides.
(15) The National Institutes of Health, United States
Agency for International Development, and the Centers for
Disease Control and Prevention have expanded their microbicide
portfolios, but overall Federal leadership and coordination is
required to eliminate costly inefficiencies and unproductive
duplication of effort.
(16) HIV prevention options available as of 2006 are
insufficient in general. Most critically, they fail to
recognize women's particular needs and vulnerabilities. If
women are to have a genuine opportunity to protect themselves,
their best option is the rapid development of new HIV-
prevention technologies like microbicides, which women can
initiate.
TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH
SEC. 101. OFFICE OF AIDS RESEARCH; PROGRAM REGARDING MICROBICIDES FOR
PREVENTING TRANSMISSION OF HIV/AIDS AND OTHER DISEASES.
Subpart I of part D of title XXIII of the Public Health Service Act
(42 U.S.C. 300cc-40 et seq.) is amended by inserting after section 2351
the following:
``SEC. 2351A. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
OTHER DISEASES.
``(a) Federal Strategic Plan.--
``(1) In general.--The Director of the Office of AIDS
Research shall--
``(A) expedite the implementation of a Federal
strategic plan for the conduct and support of
microbicide research and development; and
``(B) annually review and, as appropriate, revise
such plan, to prioritize funding and activities in
terms of their scientific urgency.
``(2) Coordination.--In implementing, reviewing, and
prioritizing elements of the plan described under paragraph
(1), the Director of the Office of AIDS Research shall
coordinate with--
``(A) other Federal agencies, including the
Director of the Centers for Disease Control and
Prevention and the Administrator of the United States
Agency for International Development, involved in
microbicide research;
``(B) the microbicide research and development
community; and
``(C) health advocates.
``(b) Expansion and Coordination of Activities.--The Director of
the Office of AIDS Research, acting in coordination with relevant
institutes and offices, shall expand, intensify, and coordinate the
activities of all appropriate institutes and components of the National
Institutes of Health with respect to research and development of
microbicides to prevent the transmission of the human immunodeficiency
virus (`HIV') and other sexually transmitted infections.
``(c) Microbicide Development Branch.--In carrying out subsection
(b), the Director of the National Institute of Allergy and Infectious
Diseases shall establish within the Division of AIDS in the Institute,
a clearly defined organizational branch charged with carrying out
microbicide research and development. In establishing such branch, the
Director shall ensure that there are a sufficient number of employees
dedicated to carrying out its mission.
``(d) Microbicide Clinical Trials.--In carrying out subsection (c),
the Director of the National Institute of Allergy and Infectious
Diseases shall assign priority to ensuring adequate funding and support
for the Microbicide Trials Network and other programs for supporting
microbicides clinical trials, with particular emphasis on
implementation of trials leading to product licensure.
``(e) Reports to Congress.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Microbicide Development Act, and annually
thereafter, the Director of the Office of AIDS Research shall
submit to the appropriate committees of Congress a report that
describes the strategies being implemented by the Federal
Government regarding microbicide research and development.
``(2) Contents of reports.--Each report submitted under
paragraph (1) shall include--
``(A) a description of activities with respect to
microbicide research and development conducted and
supported by the Federal Government;
``(B) a summary and analysis of the expenditures
made by the Director of the Office of AIDS Research
during the preceding year for activities with respect
to microbicide-specific research and development,
including basic research, preclinical product
development, clinical trials, and behavioral science;
and
``(C) a description and evaluation of the progress
made, during the preceding year, toward the development
of effective microbicides.
``(3) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' means
the Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee on
Energy and Commerce and the Committee on Appropriations of the
House of Representatives.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal year to
carry out this section.''.
TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION
SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
OTHER DISEASES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following:
``SEC. 317T. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
OTHER DISEASES.
``(a) Development and Implementation of the Centers for Disease
Control and Prevention's Microbicide Agenda.--The Director of the
Centers for Disease Control and Prevention shall fully implement such
Centers' microbicide agenda to support microbicide research and
development. Such an agenda shall include--
``(1) conducting laboratory research in preparation for,
and support of, clinical microbicide trials; and
``(2) conducting behavioral research in preparation for,
and support of, clinical microbicide trials.
``(b) Personnel.--The Centers for Disease Control and Prevention
shall ensure that there are sufficient numbers of dedicated employees
for carrying out the microbicide agenda under subsection (a).
``(c) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Microbicide Development Act, and annually
thereafter, the Director of the Centers for Disease Control and
Prevention shall submit to the appropriate committees of
Congress, a report on the strategies being implemented by the
Centers for Disease Control and Prevention with respect to
microbicide research and development. Such report shall be
submitted alone or as part of the overall Federal strategic
plan on microbicides compiled annually by the National
Institutes of Health Office of AIDS Research as required under
section 2351A.
``(2) Contents of report.--Such report shall include--
``(A) a description of activities with respect to
microbicides conducted or supported by the Director of
the Centers for Disease Control and Prevention;
``(B) a summary and analysis of the expenditures
made by such Director during the preceding year, for
activities with respect to microbicide-specific
research and development, including the number of
employees of such Centers involved in such activities;
and
``(C) a description and evaluation of the progress
made, during the preceding year, toward the development
of effective microbicides.
``(3) Appropriate committees of congress defined.--For the
purposes of this subsection, the term `appropriate committees
of Congress' means the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the Senate
and the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal year to
carry out this section.''.
TITLE III--MICROBICIDE RESEARCH AND DEVELOPMENT AT THE UNITED STATES
AGENCY FOR INTERNATIONAL DEVELOPMENT
SEC. 301. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV/AIDS AND
OTHER DISEASES.
Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b-2) is amended by adding at the end the following new subsection:
``(h) Microbicides for Preventing Transmission of HIV/AIDS and
Other Diseases.--
``(1) Development and implementation of the microbicide
agenda.--The President shall direct the head of the Office of
HIV/AIDS of the United States Agency for International
Development, in conjunction with other offices of such Agency,
to develop and implement a program to support the development
of microbicides for the prevention of the transmission of HIV/
AIDS and other diseases, and facilitate wide-scale availability
of such products after such development.
``(2) Staffing.--The head of the Office of HIV/AIDS shall
ensure that the Agency has a sufficient number of dedicated
employees to carry out the microbicide agenda.
``(3) Reports to congress.--
``(A) In general.--Not later than one year after
the date of enactment of the Microbicide Development
Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a
report on the activities of the Agency to carry out the
microbicide agenda and on any other activities carried
out by the Agency related to microbicide research and
development.
``(B) Contents of report.--Each report submitted
under subparagraph (A) shall include--
``(i) a description of activities with
respect to microbicides conducted or supported
by the Agency;
``(ii) a summary and analysis of the
expenditures made by the Agency during the
preceding year for activities with respect to
microbicide-specific research and development,
including the number of employees of the Agency
who are involved in such activities; and
``(iii) a description and evaluation of the
progress made during the preceding year toward
the development of effective microbicides,
including activities in support of eventual
product access.
``(C) Consultation.--The President shall consult
with the Director of the Office of AIDS Research of the
National Institutes of Health in preparing the report
required under subparagraph (A).
``(D) Appropriate congressional committees
defined.--In this paragraph, the term `appropriate
congressional committees' means the Committee on
Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations
of the Senate.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Agency such sums as may be
necessary for each fiscal year to carry out this subsection.''. | Microbicide Development Act - Amends the Public Health Service Act to require the Director of the Office of AIDS Research to: (1) expedite the implementation of the federal strategic plan for the conduct and support of microbicide research and development; and (2) expand, intensify, and coordinate all activities with respect to research and development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases.
Requires the Director of the National Institute of Allergy and Infectious Diseases to: (1) establish within the Division of AIDS an organizational branch to carry out microbicide research and development; and (2) assign priority to ensuring adequate funding and support for the Microbicide Trials Network and other programs for supporting microbicides clinical trials. Requires the Director of the Centers for Disease Control and Prevention (CDC) to fully implement the CDC's microbicide agenda to support microbicide research and development. Requires the President to direct the head of the Office of HIV/AIDS of the U.S. Agency for International Development (USAID) to develop and implement a program to support the development of microbicides products for the prevention of the transmission of HIV/AIDS and other diseases and facilitate wide-scale availability of such products. | To amend the Public Health Service Act with respect to facilitating the development of microbicides for preventing transmission of HIV/AIDS and other diseases, and for other purposes. | [
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SECTION 1. TREATMENT OF BONDS ISSUED TO FINANCE ELECTRIC OUTPUT
FACILITIES.
(a) In General.--Section 141 of the Internal Revenue Code of 1986
(relating to private activity bond; qualified bond) is amended by
redesignating subsection (e) as subsection (f) and inserting after
subsection (d) the following new subsection:
``(e) Bonds for Electric Output Facilities.--
``(1) Bonds issued before enactment of comprehensive
electricity competition act.--
``(A) In general.--The determination of whether any
pre-effective date electric output facility bond is a
private activity bond (or an industrial development
bond under the Internal Revenue Code of 1954), shall be
made without regard to any permissible competitive
actions taken by the issuer.
``(B) Pre-effective date electric output facility
bond.--For purposes of subparagraph (A), the term `pre-
effective date electric output facility bond' means any
bond issued as part of an issue if--
``(i) such bond was issued before the date
of the enactment of the Comprehensive
Electricity Competition Act,
``(ii) any portion of the proceeds of such
issue was used with respect to an electric
output facility, and
``(iii) such bond was not, as of such date
of enactment, a private activity bond (or an
industrial development bond under the Internal
Revenue Code of 1954).
``(C) Permissible competitive actions.--For
purposes of subparagraph (A), the term `permissible
competitive actions' means any action taken by the
issuer on or after the date of the enactment of the
Comprehensive Electricity Competition Act regarding--
``(i) transmission property owned by the
issuer if the issuer is subject to an order of
the Federal Energy Regulatory Commission
requiring nondiscriminatory, open access to
transmission facilities in a manner consistent
with rules promulgated by the Commission under
sections 205 and 206 of the Federal Power Act
(as in effect on the date of the enactment of
the Comprehensive Electricity Competition Act),
or
``(ii) generation property or distribution
property owned by the issuer if the issuer--
``(I) implements retail competition
under section 609 of the Public Utility
Regulatory Policies Act of 1978 (as
amended by, and as in effect on the
date of the enactment of, the
Comprehensive Electricity Competition
Act), or
``(II) enters into a contract for
the sale of electricity or use of its
distribution property which will not
become effective prior to the date that
the issuer implements retail
competition under section 609 of the
Public Utility Regulatory Policies Act
of 1978 (as amended by, and as in
effect on the date of the enactment of,
the Comprehensive Electricity
Competition Act).
``(D) Comprehensive electricity competition act.--
For purposes of this paragraph, references to the
Comprehensive Electricity Competition Act shall be
treated as references to any law which is substantially
identical to S. 2287 of the 105th Congress, as
introduced.
``(2) Bonds issued on or after enactment of comprehensive
electricity competition act.--
``(A) In general.--For purposes of this title, the
term `private activity bond' includes any bond issued
as part of an issue any of the proceeds of which are to
be used (directly or indirectly) for electric output
facilities other than small distribution property.
``(B) Small distribution property.--For purposes of
subparagraph (A), the term `small distribution
property' means any output facility, including
functionally related and subordinate property, that
operates at 69 kilovolts or less.''.
(b) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by this section shall apply to
obligations issued on or after the date of the enactment of the
Comprehensive Electricity Competition Act (within the meaning
of section 141(e)(1)(D) of the Internal Revenue Code of 1986,
as added by this section).
(2) Treatment of pre-effective date bonds.--Section
141(e)(1) of such Code, as added by this section, shall take
effect on the date of the enactment of this Act.
(3) Refunding bonds.--
(A) In general.--For purposes of this subsection
and the amendment made by this section, section
141(e)(2) of the Internal Revenue Code of 1986, as
added by this section, shall not apply to any qualified
refunding bond.
(B) Qualified refunding bond.--For purposes of
subparagraph (A), the term ``qualified refunding bond''
means any bond (or a bond which is part of a series of
refundings) issued to refund a pre-effective date
electric output facility bond if--
(i) the weighted average maturity of the
issue of which the refunding bond is a part
does not exceed 120 percent of the average
reasonably expected economic life of the
facilities being financed with the net proceeds
of such issue (determined under section 147(b)
of such Code),
(ii) the amount of the refunding bond does
not exceed the outstanding amount of the
refunded bond, and
(iii) the net proceeds of the refunding
bond are used to redeem the refunded bond not
later than 90 days after the date of issuance
of the refunding bond.
SEC. 2. NUCLEAR DECOMMISSIONING COSTS.
(a) In General.--Subsection (b) of section 468A of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Limitation on Amount Paid Into Fund.--The amount which a
taxpayer may pay into the Fund for any taxable year shall not exceed
the ruling amount applicable to such taxable year.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Amends the Internal Revenue Code concerning: (1) the treatment of bonds issued to finance electric output facilities; and (2) the special rules for nuclear decommissioning costs. | To amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance electric output facilities, and for other purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis,
Research, and Treatment for Women Act'' or the ``HEART for Women Act''.
SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND
DEVICES.
(a) In General.--The Comptroller General of the United States shall
conduct a study investigating the extent to which sponsors of clinical
studies of investigational drugs, biologics, and devices and sponsors
of applications for approval or licensure of new drugs, biologics, and
devices comply with Food and Drug Administration requirements and
follow guidance for presentation of clinical study safety and
effectiveness data by sex, age, and racial subgroups.
(b) Report by GAO.--
(1) Submission.--Not later than 12 months after the date of
the enactment of this Act, the Comptroller General shall
complete the study under subsection (a) and 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 on the results of such
study.
(2) Contents.--The report required by paragraph (1) shall
include each of the following:
(A) A description of the extent to which the Food
and Drug Administration assists sponsors in complying
with the requirements and following the guidance
referred to in subsection (a).
(B) A description of the effectiveness of the Food
and Drug Administration's enforcement of compliance
with such requirements.
(C) An analysis of the extent to which females,
racial and ethnic minorities, and adults of all ages
are adequately represented in Food and Drug
Administration-approved clinical studies (at all
phases) so that product safety and effectiveness data
can be evaluated by gender, age, and racial subgroup.
(D) An analysis of the extent to which a summary of
product safety and effectiveness data disaggregated by
sex, age, and racial subgroup is readily available to
the public in a timely manner by means of the product
label or the Food and Drug Administration's Web site.
(E) Appropriate recommendations for--
(i) modifications to the requirements and
guidance referred to in subsection (a); or
(ii) oversight by the Food and Drug
Administration of such requirements.
(c) Report by HHS.--Not later than 6 months after the submission by
the Comptroller General of the report required under subsection (b),
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
response to such report, including a corrective action plan as needed
to respond to the recommendations in such report.
(d) Biennial Reports by the Food and Drug Administration.--Not
later than 2 years after the date of enactment of this Act, and every 2
years thereafter--
(1) the Director of the Office of Women's Health of the
Food and Drug Administration 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 includes each of the elements described
in subparagraphs (A) through (E) of subsection (b)(2), with
respect to women's health; and
(2) the Director of the Office of Minority Health of the
Food and Drug Administration shall submit to such Committees a
report that includes each of such elements, with respect to
minority health.
(e) Definitions.--In this section:
(1) The term ``biologic'' has the meaning given to the term
``biological product'' in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
(2) The term ``device'' has the meaning given to such term
in section 201(h) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(h)).
(3) The term ``drug'' has the meaning given to such term in
section 201(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)).
SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH
CARDIOVASCULAR DISEASES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN
WITH CARDIOVASCULAR DISEASES.
``Not later than September 30, 2014, and annually thereafter, the
Secretary of Health and Human Services shall prepare and submit to the
Congress a report on the quality of and access to care for women with
heart disease, stroke, and other cardiovascular diseases. The report
shall contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 4. EXTENSION OF WISEWOMAN PROGRAM.
Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a)
is amended--
(1) in subsection (a)--
(A) by striking the heading and inserting ``In
General.--''; and
(B) in the matter preceding paragraph (1), by
striking ``may make grants'' and all that follows
through ``purpose'' and inserting the following: ``may
make grants to such States for the purpose'';
(2) in subsection (d)(1), by striking ``there are
authorized'' and all that follows through the period and
inserting ``there are authorized to be appropriated $23,000,000
for fiscal year 2012, $25,300,000 for fiscal year 2013,
$27,800,000 for fiscal year 2014, $30,800,000 for fiscal year
2015, and $34,000,000 for fiscal year 2016.''; and
(3) by adding at the end the following new subsection:
``(e) Study.--
``(1) The Secretary shall (directly or through grants or
contracts) conduct a study of the impact of the Patient
Protection and Affordable Care Act on the preventive health
services, referrals, and follow-up services described in
subsection (a).
``(2) Not later than 18 months after the date of enactment
of this subsection, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives and to
the Committee on Health, Education, Labor, and Pensions of the
Senate a report containing the results of the study under
paragraph (1) and recommendations for improving the provision
of preventive health services, referrals, and follow-up
services described in paragraph (1) to women eligible for such
services under grants funded under this section.''. | Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed.
Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health.
Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.
Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services. | To amend the Public Health Service Act to improve women's health by prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women, and for other purposes. | [
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SECTION. 1. SHORT TITLE.
This Act may be referred to as the ``Small Business Emancipation
Act of 1996''.
SEC. 2. DEFINITION.
For purposes of this Act the term small-business concern has the
meaning given such term in section 3(a)(1) of the Small Business Act
(15 U.S.C. 632(a)(1)).
TITLE I--LABOR PROVISIONS
SEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF
CALCULATING OVERTIME COMPENSATION.
Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 207(e)), the ``regular rate'' at which an employee of a small-
business concern is employed shall not be deemed to include sums paid
in recognition of services performed during a given period if the
payments are made to reward an employee or group of employees for
meeting or exceeding the productivity, quality, efficiency, or sales
goals as specified in a gainsharing, incentive bonus, commission, or
performance contingent bonus plan.
SEC. 102. COMPENSATORY TIME.
Notwithstanding section 7(o) of the Fair Labor Standards Act of
1938 (29 U.S.C. 207(o))--
(1) An employee of a small-business concern may receive, in
accordance with this subsection and in lieu of monetary
overtime compensation, compensatory time off at a rate not less
than 1\1/2\ hours for each hour of employment for which
overtime compensation is required by this subsection.
(2) An employer may provide compensatory time under
paragraph (1) only pursuant to--
(A) applicable provisions of a collective
bargaining agreement, memorandum of understanding, or
any other agreement between the employer and
representative of such employees; or
(B) in the case of employees not covered by
subparagraph (A), an agreement or understanding arrived
at between the employer and employee before the
performance of the work.
(3) An employee may accrue not more than 240 hours of
compensatory time. Not later than January 31 of each calendar
year, the employee's employer shall provide monetary
compensation for any compensatory time off accrued during the
preceding calendar year which was not used prior to December 31
of the preceding year at a rate not less than 1\1/2\ times the
regular rate earned by the employee at the time the employee
receives such payment. An employer may designate and
communicate to the employer's employees a 12-month period other
than the calendar year, in which case such compensation shall
be provided not later than 31 days after the end of such 12-
month period.
(4) An employee who has accrued compensatory time off
authorized to be provided under paragraph (1) shall, upon
termination of employment, be paid for the unused compensatory
time at a rate of compensation not less than--
(A) the average regular rate received by such
employee during the last 3 years of the employee's
employment, or
(B) the final regular rate received by such
employee, whichever is higher.
(5) An employee--
(A) who has accrued compensatory time off
authorized to be provided under paragraph (1), and
(B) who has requested the use of such compensatory
time,
shall be permitted by the employee's employer to use such time within a
reasonable period after making the request if the use of the
compensatory time does not unduly disrupt the operations of the
employer.
(6) For purposes of this subsection the terms
``compensatory time'' and ``compensatory time off'' mean hours
during which an employee is not working, which are not counted
as hours worked during the applicable workweek or other work
period for purposes of overtime compensation, and for which the
employee is compensated at the employee's regular rate.
SEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES.
(a) Compressed Schedules.--Notwithstanding any other provision of
law, a small-business concern employer may establish programs that
allow the use of a compressed schedule that consists of--
(1) in the case of a schedule of a full-time employee, a
160-hour basic work requirement, over a 4-week period, that is
scheduled for less than 20 workdays; and
(2) in the case of a schedule of a part-time employee, a
basic work requirement of less than 160 hours, over a 4-week
period, that is scheduled for less than 20 workdays.
(b) Flexible Schedules.--Notwithstanding any other provision of
law, a small-business concern employer may establish programs that
allow the use of flexible schedules that include--
(1) designated hours and days during which an
employee on such a schedule must be present for work;
and
(2) designated hours during which an employee on
such a schedule may elect the time of the arrival of
such employee at and departure of such employee from
work, solely for such purpose or, if and to the extent
permitted, for the purpose of accumulating credit hours
to reduce the length of the workweek or another
workday.
SEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION.
Notwithstanding any other provision of law, a small-business
concern shall not be required to disclose any information obtained
through a voluntary internal audit to any regulatory agency.
SEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT.
The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.)
(commonly referred to as the Davis-Bacon Act) shall not apply to any
laborers or mechanics employed by small-business concerns.
SEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
(a) Standard Basis.--Section 6(b) of the Occupational Safety and
Health Act (29 U.S.C. 655(b)) is amended by inserting after paragraph
(8) the following:
``(9) In establishing standards under this section, the
Secretary shall consider and make findings concerning whether
there is a reasonable relationship between the costs and
benefits of the standard, and the particular effects of the
standard on small-business concerns.''.
(b) Violations.--Section 17 of the Occupational Safety and Health
Act (29 U.S.C. 666) is amended by redesignating subsection (l) as
subsection (m) inserting after subsection (k) the following:
``(l) In the case of any small-business concern employer who
received a citation for a violation of the requirements of section 5,
any standard, rule, or order promulgated pursuant to section 6 or of
any regulations prescribed under this Act, the Secretary shall waive up
to 100 percent of such penalty to the extent that the employer uses the
amount which would have been paid as penalty for correction of the
violation. This subsection shall apply where
``(1) the employer has made a good faith effort to comply
with applicable regulation, and
``(2) the violation does not constitute a significant
threat to an employee's health or safety or is not a criminal
violation.''.
(c) Employee Participation.--The Occupational Safety and Health Act
(29 U.S.C. 651 et seq.) is amended by adding at the end the following:
``employee participation
``Sec. 33. In order to carry out the purposes of this Act to
encourage employers and employees in their efforts to reduce the number
of occupational safety and health hazards, an employee participation
committee or other mechanism--
``(1) in which employees participate,
``(2) which exists for the purpose, in whole or in part, of
dealing with employees concerning the safety or health of
working conditions or related matters, and
``(3) which does not have, claim, or seek authority to
negotiate or enter into collective bargaining agreements with
an employer or to amend existing collective bargaining
agreements between and employer and any labor organization,
shall not constitute a `labor organization' for purposes of section
8(a)(2) of the National Labor Relations Act or a representative for
purposes of sections 1 and 2 of the Railway Labor Act.''.
(d) Small Business Assistance and Training.--The Occupational
Safety and Health Act, as amended by paragraph (3), is amended by
adding after section 33 the following:
``small business assistance and training
``Sec. 34. (a) The Secretary shall establish and implement a
program to provide technical assistance and consultative services for
employers and employees, either directly or by grant or contract,
concerning worksite safety and health and compliance with this Act.
Such assistance shall be targeted at small employers and the most
hazardous industries.
``(b) This subsection authorizes the consultative services to
employers provided under cooperative agreements between the States and
the Occupational Safety and Health Administration and described in part
1908 of title 39 of the Code of Federal Regulations.
``(c) Not less than one-fourth of the annual appropriation made to
the Secretary to carry out this Act shall be expended for the purposes
described in this section.''.
(e) Voluntary Protection Program Award.--The Occupational Safety
and Health Act, as amended by paragraph (4), is amended by adding after
section 34 the following:
``voluntary protection program award
``Sec. 35. (a) The Secretary shall establish an award which shall
periodically be made to small-business concerns which have implemented
particularly effective approaches to addressing occupational safety and
health in the workplace, including those which provide for effective
employee involvement in improving safety and health and which are as a
consequence deserving of special recognition.
``(b) A company or organization to which an award is made under
subsection (a) and which agrees to help other American companies or
organizations improve their occupational safety and health may
publicize its receipt of such award and use the award in its
advertising, but it shall be ineligible to receive another such award
in the same category for a period of 5 years.
``(c)(1) Subject to paragraph (2), separate awards shall be made to
qualifying organizations and companies in each of the following
categories--
``(A) manufacturing;
``(B) agricultural;
``(C) concerns providing services;
``(D) retail; and
``(E) construction.
``(2) Not more than 1 award may be made within any subcategory in
any year (and no award shall be made within any category if there are
no qualifying enterprises in that category.
``(d) An organization or company may qualify for an award under
subsection (a) only if it--
``(1) applies to the Secretary in writing, for the award,
``(2) permits a rigorous evaluation of its occupational
safety and health operations, and
``(3) meets such requirements and specifications as the
Secretary determines to be appropriate to achieve the
objectives of this section.
In applying paragraph (3) with respect to any organization or company,
the Secretary shall rely upon an intensive evaluation of the
occupational safety and health operation. The examination should
encompass all aspects of the organization's or company's current
occupational safety and health practice. The award shall be given only
to organizations and companies which have made outstanding improvements
in their occupational safety and health practices and which demonstrate
effective occupational safety and health practices through the training
and involvement of all levels of personnel.
``(e) The Secretary shall ensure that all program participants
receive the complete results of their audits as well as detailed
explanations of all suggestions for improvements. The Secretary shall
also provide information about the awards and the successful quality
improvement strategies and programs of the award-winning participants
to all participants and other appropriate groups.
``(f) The Secretary is authorized to seek and accept gifts from
public and private sources to carry out the program under this section.
If additional sums are needed to cover the full cost of the program,
the Secretary shall impose fees upon the organizations and companies
applying for the award in amounts sufficient to provide such additional
sums.
``(g) The Secretary shall prepare and submit to the President and
the Congress, within 3 years after the date of the enactment of this
section, a report on the progress, findings, and conclusions of
activities conducted pursuant to this section along with
recommendations for possible modifications thereof.''.
SEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT.
(a) It shall be an unlawful employment practice for any small
business concern employer to grant preferential treatment to any
individual or group with respect to selection for, discharge from,
compensation for, or the terms, conditions, or privileges of,
employment or union membership, on the basis of the race, color,
religion, sex, or national origin of such individual or group, for any
purpose, except as provided in subsection (b).
(b) It shall not be unlawful employment practice for an entity
described in subsection (a) to undertake affirmative action designed to
recruit individuals of an underrepresented race, color, religion, sex,
or national origin, to expand the applicant pool of the individuals
seeking employment or union membership with the entity.
(c) Nothing in the amendments made by this subsection shall be
construed to affect the authority of courts to remedy intentional
discrimination under section 706(g) of the Civil Rights Act of 1964
(Public Law 88-352).
TITLE II--TAX PROVISIONS
SEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL
BUSINESSES.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
adding at the end the following new section:
``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS.
``(a) In General.--If the executor elects the application of this
section, the value of the gross estate shall not include the value of
the qualified small business interests of the decedent which are
otherwise includible in the estate.
``(b) Qualified Small Business Interest.--For purposes of this
section--
``(1) In general.--The term `qualified small business
interest' means--
``(A) an interest as a proprietor in a small-
business concern which is a trade or business carried
on as a proprietorship, or
``(B) an interest as a partner in a small-business
concern which is a partnership, or stock in a small-
business concern which is a corporation, carrying on a
trade or business, if more than 50 percent of such
partnership or corporation (by vote or value) is owned
by the decedent.
``(2) Small-business concern.--For purposes of this
subsection, the term `small-business concern' has the meaning
given such term in section 3(a)(1) of the Small Business Act.
``(3) Indirect ownership.--For purposes of determining
ownership under paragraph (1), the rules of section 318 shall
apply.
``(4) Limitation to small-business concerns in united
states.--The term `qualified small business interest' shall not
include any interest in a small-business concern the principal
place of business of which is not in the United States or its
possessions.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:
``Sec. 2047. Exclusion of qualified small
business interests.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES.
(a) In General.--Paragraph (4) of section 416(g) of the Internal
Revenue Code of 1986 (relating to special rules for top-heavy plans) is
amended by adding at the end the following new subparagraph:
``(H) 401(k) plans.--The term `top heavy plan'
shall not include a qualified cash or deferred
arrangement, as defined in section 401(k).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years ending after the date of the enactment of this Act.
SEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE
ERROR.
(a) In General.--Section 401 of the Internal Revenue Code of 1986
(relating to qualified pension, profit-sharing, and stock bonus plans)
is amended by redesignating subsection (o) as subsection (p) and by
inserting after subsection (n) the following new subsection:
``(o) No Disqualification By Reason of Good Faith Administrative
Error.--
``(1) In general.--A trust shall not be disqualified for
purposes of this part by reason of a good faith administrative
error which is--
``(A) de minimis, or
``(B) inadvertent,
if such error is corrected within a reasonable period of time
after the employer is notified (by the Secretary or by any
other person) of the error.
``(2) Inadvertent.--For purposes of paragraph (1), an error
shall be treated as inadvertent if made without knowledge or
reason to know of the error.''
(b) Report on Definitions.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Treasury shall
submit to the Congress a report setting forth the proposed
interpretation by the Secretary of the terms ``good faith
administrative error'' and ``de minimis'' for purposes of subsection
(o) of section 401 of the Internal Revenue Code of 1986, as added by
this section.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to plan years ending after the date of the enactment of this Act. | TABLE OF CONTENTS:
Title I: Labor Provisions
Title II: Tax Provisions
Small Business Emancipation Act of 1996 -
Title I: Labor Provisions
- States that the "regular rate" at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals.
Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination.
(Sec. 103) Authorizes a small business employer to establish compressed and flexible work schedules.
(Sec. 104) States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit.
(Sec. 105) Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act.
(Sec. 106) Amends the Occupational Safety and Health Act (the Act) to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses; (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation; and (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a "labor organization" for purposes of specified labor representation provisions.
Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act; (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace; and (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications.
(Sec. 107) Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin.
Title II: Tax Provisions
- Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent; (2) exclude a qualified cash or deferred arrangement from the definition of a "top heavy plan"; and (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error. | Small Business Emancipation Act of 1996 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Labeling Promotion
Act of 2012''.
SEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY
VISUALLY-IMPAIRED AND BLIND CONSUMERS.
(a) Establishment of Working Group.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
establish a working group (in this section referred to as the
``working group'') to develop and promulgate guidance
constituting best practices on access to prescription drug
labeling for the visually impaired.
(2) Members.--The working group shall include
representatives of national organizations representing blind
and visually impaired individuals, national organizations
representing the elderly, and industry groups representing
stakeholders, including pharmacists, who would be impacted by
such best practices. Representation within the working group
shall be divided equally between consumer and industry
advocates.
(3) Guidance on best practices.--The working group shall
promulgate, not later than 1 year after the date of the
enactment of this Act, guidance on best practices for
pharmacies to ensure that blind and visually impaired
individuals have safe, consistent, reliable, and independent
access to the information in the labeling of prescription
drugs. Such guidance shall be made available through
publication in the Federal Register and posting on the Web site
of the Food and Drug Administration.
(4) Considerations.--In developing and promulgating such
guidance on best practices, the working group shall consider--
(A) the use of--
(i) Braille;
(ii) auditory means, such as--
(I) ``talking bottles'' that
provide audible label information;
(II) digital voice recorders
attached to the prescription drug
container; and
(III) radio frequency
identification (RFID) tags; and
(iii) enhanced visual means, such as--
(I) large font labels or large font
``duplicate'' labels that are affixed
or matched to a prescription drug
container;
(II) high-contrast printing; and
(III) sans-serf font;
(B) whether there are technical, financial,
manpower, or other factors unique to pharmacies with 20
or fewer retail locations which may fundamentally
impact the ability of such pharmacies to implement the
best practices; and
(C) such other factors as the working group
determines to be appropriate.
(5) Information campaign.--Upon the promulgation of the
guidance on best practices, the Commissioner of Food and Drugs,
in consultation with the working group, shall conduct an
informational and educational program designed to inform the
public and pharmacists about such guidance and practices.
(6) FACA waiver.--The Federal Advisory Committee Act shall
not apply to the working group.
(b) GAO Study.--
(1) In general.--Beginning 18 months after the publication
of the guidance on best practices under subsection (a), the
Comptroller General of the United States shall conduct a review
of such guidance, the extent to which pharmacies are complying
with such best practices, and the extent to which barriers to
accessible prescription drug labeling for blind and visually-
impaired individuals continue.
(2) Report.--Not later than September 30, 2016, the
Comptroller General shall submit to Congress a report on the
review conducted under paragraph (1). Such report shall include
recommendations for how best to reduce the barriers blind and
visually-impaired individuals have to access prescription drug
labeling.
(c) Definitions.--In this section:
(1) The term ``pharmacy'' includes a pharmacy that receives
prescriptions, and dispenses prescription drugs, through an
Internet Web site.
(2) The term ``prescription drug'' means a drug subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353(b)(1)). | Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired.
Requires the working group to: (1) include equal representation of consumer and industry advocates; (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs; (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access; and (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices.
Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices.
Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue; and (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers. | To provide for the development and dissemination of best practices to ensure that visually-impaired and blind individuals in the United States have safe, consistent, reliable, and independent access to the information in prescription drug labeling. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting Access
to Medicare Midwifery Services Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for certified midwife services.
Sec. 3. Increased medicare payments for certified nurse-midwife
services and certified midwife services.
Sec. 4. Clarification of hospital conditions of participation with
respect to certified nurse-midwives and
certified midwives.
Sec. 5. Medicare payment for freestanding birth center services.
Sec. 6. Clarification of billing rights of certified nurse-midwives and
certified midwives.
Sec. 7. Clarification regarding payments for certified nurse-midwife
services and certified midwife services
furnished in teaching hospitals.
Sec. 8. Interim and final regulations.
SEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES.
(a) Certified Midwife and Certified Midwife Services Defined.--
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(as defined in paragraph (2))''
and inserting ``(as defined in subparagraph (B))''; and
(B) by inserting ``(A)'' after ``(1)'';
(2) by redesignating paragraph (2) as subparagraph (B); and
(3) by adding at the end the following new paragraph:
``(2)(A) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in subparagraph (B)) and
such services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(B) The term `certified midwife' means an individual--
``(i) with a bachelor's degree from an accredited
educational institution who has completed a program of study
and clinical experience meeting guidelines established by the
Secretary of Education; or
``(ii) who has been certified in nurse-midwifery or
midwifery by an organization recognized by the Secretary of
Education.''.
(b) Certified Midwife Benefit.--
(1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the
Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended
by inserting ``, certified midwife services'' after ``certified
nurse-midwife services''.
(2) Payment of benefits.--Section 1833(a)(1)(K) of the
Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by
inserting ``and certified midwife services'' after ``certified
nurse-midwife services''.
(c) Conforming Amendments.--
(1) Use of carriers for administration of benefits.--
Section 1842(b)(18)(C)(iii) of the Social Security Act (42
U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as
defined in section 1861(gg)(2))'' and inserting ``or a
certified midwife (as defined in paragraph (1)(B) and (2)(B),
respectively, of section 1861(gg))''.
(2) Health care professional defined.--Section
1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w-
22(j)(3)(D)) is amended by striking ``and certified nurse-
midwife'' and inserting ``certified nurse-midwife, and
certified midwife''.
(3) Inpatient hospital services.--Section 1861(b)(4) of the
Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by
inserting ``, certified midwife services,'' after ``certified
nurse-midwife services''.
(4) Medical and other health services.--Section
1861(s)(2)(L) of the Social Security Act (42 U.S.C.
1395x(s)(2)(L)) is amended by inserting ``and certified midwife
services'' before the semicolon at the end.
(5) Rural health clinic services and federally qualified
health clinic services.--Section 1861(aa) of the Social
Security Act (42 U.S.C. 1395x(aa)) is amended--
(A) in paragraph (2)(J), by striking ``, or a
certified nurse-midwife (as defined in subsection
(gg))'' and inserting ``, a certified nurse-midwife (as
defined in subsection (gg)(1)(B)), or a certified
midwife (as defined in subsection (gg)(2)(B))''; and
(B) in paragraph (7)(A), by striking ``or certified
nurse midwife'' and inserting ``, certified nurse-
midwife, or certified midwife''.
(6) Certified nurse-midwife services.--The heading of
section 1861(gg) of the Social Security Act (42 U.S.C.
1395x(gg)) is amended by adding at the end the following:
``; Certified Midwife Services''.
(7) Exclusions from coverage and medicare as secondary
payer.--Section 1862(a)(14) of the Social Security Act (42
U.S.C. 1395y(a)(14)) is amended by inserting ``, certified
midwife services'' after ``certified nurse-midwife services''.
(8) Agreements with providers of services.--Section
1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by
inserting ``, certified midwife services'' after ``certified
nurse-midwife services''.
(9) Exclusion from payment to skilled nursing facilities
for routine service costs.--Section 1888(e)(2)(A)(ii) of the
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
by inserting ``, certified midwife services'' after ``certified
nurse-midwife services''.
(10) Medicaid definitions.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended--
(A) in subsection (a)(17)--
(i) by striking ``a nurse-midwife (as
defined in section 1861(gg)) which the nurse-
midwife is'' and inserting ``a certified nurse-
midwife or a certified midwife (as defined in
paragraphs (1)(B) and (2)(B), respectively, of
section 1861(gg)) which the certified nurse-
midwife or certified midwife, as the case may
be, is''; and
(ii) by striking ``whether or not the
nurse-midwife'' and inserting ``whether or not
the certified nurse-midwife or certified
midwife, as the case may be,''; and
(B) in subsection (t)(2)(B)(ii), by striking ``(as
defined in section 1861(gg))'' and inserting ``or a
certified midwife (as defined in paragraphs (1)(B) and
(2)(B), respectively, of section 1861(gg)(2)(B))''.
(11) Medicaid managed care.--Section 1932(b)(3)(C) of the
Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by
striking ``and certified nurse-midwife'' and inserting
``certified nurse-midwife, and certified midwife''.
(d) Effective Date.--The amendments made by this section shall
apply to payment for certified nurse-midwife services and certified
midwife services furnished on or after the date of enactment of this
Act.
SEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE
SERVICES AND CERTIFIED MIDWIFE SERVICES.
(a) Amount of Payment.--Section 1833(a)(1)(K) of the Social
Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65
percent of the prevailing charge that would be allowed for the same
service performed by a physician, or, for services furnished on or
after January 1, 1992, 65 percent'' and inserting ``95 percent''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to certified nurse-midwife services and certified midwife
services furnished on or after the date of enactment of this Act.
SEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH
RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED
MIDWIVES.
(a) Payment to Hospital for Patients Under Care of Certified Nurse-
Midwife or Certified Midwife.--Section 1861(e)(4) of the Social
Security Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows:
``(4) has a requirement that every patient with respect to
whom payment may be made under this title must be under the
care of a physician, except that--
``(A) a patient receiving qualified psychologist
services (as defined in subsection (B)) may be under
the care of a clinical psychologist with respect to
such services to the extent permitted under State law;
and
``(B) a patient receiving certified nurse-midwife
services or certified midwife services (as defined in
paragraphs (1)(B) and (2)(B), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife, as the case may be,
with respect to such services to the extent permitted
under State law;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES.
(a) Freestanding Birth Center Services and Freestanding Birth
Center Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C.
1395x(gg)) (as amended by section 2(a)) is amended by adding at the end
the following new paragraph:
``(3)(A) The term `freestanding birth center services' means items
and services furnished by a freestanding birth center (as defined in
subparagraph (B)) as would otherwise be covered if furnished by a
hospital.
``(B)(i) The term `freestanding birth center' means a facility or
institution--
``(I) in which births are planned to occur (outside the
mother's place of residence);
``(II) in which comprehensive health care services are
furnished; and
``(III) which has been approved by the Secretary or
accredited by an organization recognized by the Secretary for
purposes of accrediting freestanding birth centers.
``(ii) Such term does not include--
``(I) a rural health clinic, critical access hospital, or a
sole community hospital; or
``(II) a facility or institution that is a hospital or an
ambulatory surgical center, unless with respect to ambulatory
surgical centers, the State law or regulation that regulates
such centers also regulates freestanding birth centers in the
State.''.
(b) Freestanding Birth Center Benefit.--
(1) Scope of benefits.--Section 1832(a)(2) of the Social
Security Act (42 U.S.C. 1395l(a)(2)) is amended--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(K) freestanding birth center services performed
in a freestanding birth center if the center has an
agreement in effect with the Secretary by which the
center agrees to accept the amount of payment
determined under section 1833(u) as full payment for
such services, and to accept assignment described in
section 1842(b)(3)(B)(ii) with respect to payment for
all such services furnished by the center to
individuals enrolled under this part.''.
(2) Payment of benefits.--Section 1833 of the Social
Security Act (42 U.S.C. 1395l) is amended by adding at the end
the following new subsection:
``(u) Payment for Freestanding Birth Center Services.--The
Secretary shall establish by regulation the amount of payment to be
made for facility services furnished in connection with freestanding
birth center services and furnished to an individual in a freestanding
birth center under this title.''.
(c) Conforming Amendments.--
(1) Medical and other health services.--Section
1861(s)(2)(L) of the Social Security Act (42 U.S.C.
1395x(s)(2)(L)) is amended--
(A) by adding ``and'' at the end;
(B) by inserting ``(i)'' after ``(L)''; and
(C) by adding at the end the following new clause:
``(ii) freestanding birth center services;''.
(2) Certified nurse-midwife services; certified midwife
services.--The heading of section 1861(gg) of the Social
Security Act (42 U.S.C. 1395x(gg)) (as amended by section
2(c)(6)) is amended by adding at the end the following:
``; Freestanding Birth Center Services''.
(d) Effective Date.--The amendments made by this section shall
apply to freestanding birth center services furnished on or after the
date of enactment of this Act.
SEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND
CERTIFIED MIDWIVES.
(a) Use of Carriers for Administration of Benefits.--The first
sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C.
1395u(b)(6)) is amended--
(1) by striking ``and'' before ``(F)''; and
(2) by inserting before the period at the end the
following: ``, and (G) in the case of certified nurse-midwife
services or certified midwife services described in section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made to such
individual or entity (or to the agent of such individual or
entity) as the certified nurse-midwife or certified midwife, as
the case may be, may designate under an agreement between the
certified nurse-midwife or certified midwife, as the case may
be, and such individual or entity (or the agent of such
individual or entity)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to payment for certified nurse-midwife services and certified
midwife services furnished on or after the date of enactment of this
Act.
SEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE
SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN
TEACHING HOSPITALS.
(a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social
Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(1) by inserting ``(I)'' after ``(iii)''; and
(2) by adding at the end the following new subclause:
``(II) in the case of certified nurse-
midwife services or certified midwife services
furnished in a hospital which has a teaching
program described in clause (i)(II), such
services may be furnished as provided under
sections 1842(b)(7)(E) and 1861(b)(8);''.
(b) Clarification Regarding Payments Under Part B for Such Services
Furnished in Teaching Hospitals.--
(1) In general.--Section 1842(b)(7) of the Social Security
Act (42 U.S.C. 1395u(b)(7)) is amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``or, for purposes of
subparagraph (E), the conditions described in section
1861(b)(8),'' after ``section 1861(b)(7),'';
(B) in subparagraph (C), by inserting ``or, for
purposes of subparagraph (E), the conditions described
in section 1861(b)(8),'' after ``section 1861(b)(7),'';
and
(C) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife services or certified
midwife services furnished to a patient in a hospital with a teaching
program approved as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8), the provisions of
subparagraphs (A) through (C) shall apply with respect to a certified
nurse-midwife or a certified midwife, as the case may be, under this
subparagraph as such provisions apply to a physician under such
subparagraphs.''.
(2) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by paragraph (1).
(c) Inpatient Hospital Services.--Section 1861(b) of the Social
Security Act (42 U.S.C. 1395x(b)) is amended--
(1) in paragraph (6)--
(A) by inserting ``(A)'' after ``(6)''; and
(B) by adding at the end the following new
subparagraph:
``(B) in the case of services in a hospital or osteopathic
hospital, an intern or resident-in-training in the field of
obstetrics and gynecology taught or supervised by a certified
nurse-midwife or certified midwife (as defined in paragraphs
(1)(B) and (2)(B), respectively, of subsection (gg)) to the
extent permitted under State law and as may be authorized by
the hospital;'';
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if--
``(A) the hospital elects to receive any payment
due under this title for reasonable costs of such
services; and
``(B) all certified nurse-midwives and certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to
individuals covered under the insurance program
established by this title.''.
SEC. 8. INTERIM AND FINAL REGULATIONS.
Except with respect to the amendments made by section 7(b), in
order to carry out the amendments made by this Act in a timely manner,
the Secretary of Health and Human Services may first promulgate
regulations that take effect on an interim basis after notice and
pending opportunity for public comment by not later than 1 year after
the date of enactment of this Act. | Increases Medicare payments for certified nurse-midwife and certified midwife services.
Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives; (2) billing rights of such practitioners; and (3) payments for the services of such practitioners furnished in teaching hospitals. | Promoting Access to Medicare Midwifery Services Act of 2000 | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Smog Reduction Act of 1998''.
SEC. 2. AMENDMENT OF CLEAN AIR ACT.
Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by
adding at the end the following:
``(h) Vehicles Entering Ozone Nonattainment Areas.--
``(1) Authority regarding ozone inspection and maintenance
testing.--
``(A) In general.--No noncommercial motor vehicle
registered in a foreign country and operated by a United States
citizen or by an alien who is a permanent resident of the
United States, or who holds a visa for the purposes of
employment or educational study in the United States, may enter
a covered ozone nonattainment area from a foreign country
bordering the United States and contiguous to the nonattainment
area more than twice in a single calendar-month period, if
State law has requirements for the inspection and maintenance
of such vehicles under the applicable implementation plan in
the nonattainment area.
``(B) Applicability.--Subparagraph (A) shall not apply if
the operator presents documentation at the United States border
entry point establishing that the vehicle has complied with
such inspection and maintenance requirements as are in effect
and are applicable to motor vehicles of the same type and model
year.
``(2) Sanctions for violations.--The President may impose and
collect from the operator of any motor vehicle who violates, or
attempts to violate, paragraph (1) a civil penalty of not more than
$200 for the second violation or attempted violation and $400 for
the third and each subsequent violation or attempted violation.
``(3) State election.--The prohibition set forth in paragraph
(1) shall not apply in any State that elects to be exempt from the
prohibition. Such an election shall take effect upon the
President's receipt of written notice from the Governor of the
State notifying the President of such election.
``(4) Alternative approach.--The prohibition set forth in
paragraph (1) shall not apply in a State, and the President may
implement an alternative approach, if--
``(A) the Governor of the State submits to the President a
written description of an alternative approach to facilitate
the compliance, by some or all foreign-registered motor
vehicles, with the motor vehicle inspection and maintenance
requirements that are--
``(i) related to emissions of air pollutants;
``(ii) in effect under the applicable implementation
plan in the covered ozone nonattainment area; and
``(iii) applicable to motor vehicles of the same types
and model years as the foreign-registered motor vehicles;
and
``(B) the President approves the alternative approach as
facilitating compliance with the motor vehicle inspection and
maintenance requirements referred to in subparagraph (A).
``(5) Definition of covered ozone nonattainment area.--In this
section, the term `covered ozone nonattainment area' means a
Serious Area, as classified under section 181 as of the date of the
enactment of this subsection.''.
SEC. 3. GENERAL PROVISIONS.
(a) In General.--The amendment made by section 2 takes effect 180
days after the date of the enactment of this Act. Nothing in that
amendment shall require action that is inconsistent with the
obligations of the United States under any international agreement.
(b) Information.--As soon as practicable after the date of the
enactment of this Act, the appropriate agency of the United States
shall distribute information to publicize the prohibition set forth in
the amendment made by section 2.
SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the impact of the amendment made by section 2.
(b) Contents of Study.--The study under subsection (a) shall
compare--
(1) the potential impact of the amendment made by section 2 on
air quality in ozone nonattainment areas affected by the amendment;
with
(2) the impact on air quality in those areas caused by the
increase in the number of vehicles engaged in commerce operating in
the United States and registered in, or operated from, Mexico, as a
result of the implementation of the North American Free Trade
Agreement.
(c) Report.--Not later than July 1, 1999, the Comptroller General
of the United States shall submit to the Committee on Commerce of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report describing the findings of the study under
subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by U.S. citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements.
Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles; and (2) the President approves such approach.
Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement. | Border Smog Reduction Act of 1998 | [
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SECTION 1. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS.
(a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end
thereof the following new subchapter:
``Subchapter E--Carbon Tax on Primary Fossil Fuels
``Sec. 4691. Tax on coal.
``Sec. 4692. Tax on petroleum.
``Sec. 4693. Tax on natural gas.
``Sec. 4694. Inflation adjustments.
``SEC. 4691. TAX ON COAL.
``(a) General Rule.--There is hereby imposed a tax at the rate
specified in subsection (b) on coal sold by the producer or importer
thereof.
``(b) Rate of Tax.--
``(1) In general.--Except as provided in paragraph (2), the
rate of the tax imposed by subsection (a) shall be $18 per ton.
``(2) Phase-in.--
The rate of the tax
imposed by subsection
Effective during
(a) shall be the fol-
calendar year:
lowing amount per ton:
1994................................. $3.60
1995................................. $7.20
1996................................. $10.80
1997................................. $14.40
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Coal to include lignite.--The term `coal' includes
lignite.
``(2) Ton.--The term `ton' means 2,000 pounds.
``(3) Use treated as sale.--If the producer or importer of
any coal uses such coal, such producer or importer shall be
liable for tax under this section in the same manner as if such
coal were sold by such producer or importer.
``SEC. 4692. TAX ON PETROLEUM.
``(a) General Rule.--There is hereby imposed a tax at the rate
specified in subsection (c) on any petroleum with respect to which
there is a taxable event.
``(b) Taxable Event.--For purposes of this section, the term
`taxable event' means any event which would result in tax being imposed
under section 4611 if--
``(1) such section were applied without regard to
subsections (b)(2), (e), and (f) thereof, and
``(2) section 4612(b) were applied by substituting `section
4692' for `section 4611'.
``(c) Amount of Tax.--
``(1) In general.--Except as provided in paragraph (2), the
rate of the tax imposed by subsection (a) shall be $3.90 per
barrel.
``(2) Phase-in.--
The rate of the tax
imposed by subsection
Effective during
(a) shall be the fol-
calendar year:
lowing amount per barrel:
1994................................. $.78
1995................................. $1.56
1996................................. $2.34
1997................................. $3.12
``(d) Person Liable for Tax.--The person required to pay the tax
imposed by this section on any petroleum shall be determined under the
principles of section 4611(d).
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Petroleum.--The term `petroleum' means any petroleum
product including crude oil.
``(2) Barrel.--The term `barrel' means 42 United States
gallons.
``(3) Fraction of barrel.--In the case of a fraction of a
barrel, the tax imposed by this section shall be the same
fraction of the amount of such tax imposed on a whole barrel.
``(4) Certain rules made applicable.--Rules similar to the
rules of subsections (c) and (e) of section 4612 shall apply to
the tax imposed by this section.
``SEC. 4693. TAX ON NATURAL GAS.
``(a) General Rule.--There is hereby imposed a tax at the rate
specified in subsection (c) on--
``(1) natural gas received at a United States pipeline
facility, and
``(2) natural gas entered into the United States for
consumption, use, or warehousing.
``(b) Tax on Certain Uses, Etc.--
``(1) In general.--If--
``(A) any domestic natural gas is used in or
exported from the United States, and
``(B) before such use or exportation, no tax was
imposed on such natural gas under subsection (a),
then a tax at the rate specified in subsection (c) is hereby
imposed on such natural gas.
``(2) Exception for certain uses on premises where
produced.--Paragraph (1) shall not apply to any use of natural
gas for extracting oil or natural gas on the premises where
such natural gas was produced. The preceding sentence shall not
apply to any use involving the combustion of the natural gas.
``(c) Rate of Tax.--
``(1) In general.--Except as provided in paragraph (2), the
rate of the taxes imposed by this section shall be 48 cents per
MCF.
``(2) Phase-in.--
The rate of the taxes
imposed by subsection (a)
Effective during
shall be the fol-
calendar year
lowing amount per MCF
1994................................. $.096
1995................................. $.192
1996................................. $.288
1997................................. $.384
``(d) Persons Liable for Tax.--
``(1) Receipt at pipeline.--The tax imposed by subsection
(a)(1) shall be paid by the operator of the United States
pipeline facility.
``(2) Importation.--The tax imposed by subsection (a)(2)
shall be paid by the person entering the natural gas for
consumption, use, or warehousing.
``(3) Tax on use or exports.--The tax imposed by subsection
(b) shall be paid by the person using or exporting the natural
gas, as the case may be.
``(e) Definitions.--For purposes of this section--
``(1) Natural gas.--The term `natural gas' includes any
natural gas liquid which is not treated as petroleum for
purposes of the tax imposed by section 4692.
``(2) Domestic natural gas.--The term `domestic natural
gas' means any natural gas produced from a well located in the
United States.
``(3) United states pipeline facility.--The term `United
States pipeline facility' means any pipeline in the United
States used for purposes of transporting natural gas (other
than a pipeline which is part of a gathering system).
``(4) MCF.--The term `MCF' means 1,000 cubic feet.
``(5) Other definitions.--The terms `United States' and
`premises' have the respective meanings given such terms by
section 4612(a).
``(6) Fractional part of mcf.--In the case of a fraction of
an MCF, the tax imposed by this section shall be the same
fraction of the amount of such tax imposed on a whole MCF.
``(7) Certain rules made applicable.--Rules similar to the
rules of subsections (b), (c), and (e) of section 4612 shall
apply to the tax imposed by this section.
``SEC. 4694. INFLATION ADJUSTMENTS.
``(a) General Rule.--Each rate of tax which would otherwise be in
effect under this subchapter during any calendar year after 1994 shall
be increased by the percentage (if any) by which--
``(1) the CPI for the preceding calendar year (as defined
in section 1(f)(4)), exceeds
``(2) the CPI for calendar year 1993 (as so defined).
``(b) Rounding.--Any increase under subsection (a) shall be
rounded--
``(1) to the nearest multiple of 10 cents in the case of a
rate in effect under section 4691,
``(2) to the nearest multiple of 1 cent in the case of a
rate in effect under section 4692, and
``(3) to the nearest multiple of 1/10 cent in the case of a
rate in effect under section 4693.''
(b) Clerical Amendment.--The table of subchapters for chapter 38 of
such Code is amended by adding at the end thereof the following new
item:
``Subchapter E. Carbon tax on primary
fossil fuels.''
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1994. | Amends the Internal Revenue Code to impose a tax on the sale or importation of the following fuels based on their carbon content: coal, petroleum, and natural gas. Provides an inflation adjustment for such tax rates after calendar year 1994. | To amend the Internal Revenue Code of 1986 to reduce emissions of carbon dioxide by imposing a tax on certain fuels based on their carbon content. | [
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