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SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Fair Trade in
Motor Vehicle Parts Act of 1993''.
(b) Definitions.--For purposes of this Act--
(1) Motor vehicle and motor vehicle parts.--
(A) The term ``motor vehicle'' means any article of
a kind described in heading 8703 or 8704 of the
Harmonized Tariff Schedule of the United States.
(B) The term ``motor vehicle parts'' means articles
of a kind described in the following provisions of the
Harmonized Tariff Schedule of the United States if
suitable for use in the manufacture or repair of motor
vehicles:
(i) Subheadings 8407.31.00 through
8407.34.20 (relating to spark-ignition
reciprocating or rotary internal combustion
piston engines).
(ii) Subheading 8408.20 (relating to the
compression-ignition internal combustion
engines).
(iii) Subheading 8409 (relating to parts
suitable for use solely or principally with
engines described in clauses (i) and (ii)).
(iv) Subheading 8483 (relating to
transmission shafts and related parts).
(v) Subheadings 8706.00.10 and 8706.00.15
(relating to chassis fitted with engines).
(vi) Heading 8707 (relating to motor
vehicle bodies).
(vii) Heading 8708 (relating to bumpers,
brakes and servo brakes, gear boxes, drive
axles, nondriving axles, road wheels,
suspension shock absorbers, radiators, mufflers
and exhaust pipes, clutches, steering wheels,
steering columns, steering boxes, and other
parts and accessories of motor vehicles).
The Secretary shall by regulation include as motor
vehicle parts such other articles (described by
classification under such Harmonized Tariff Schedule)
that the Secretary considers appropriate to carry out
this Act.
(2) United states motor vehicle parts manufacturer.--The
term ``United States motor vehicle parts manufacturer'' means a
manufacturer of motor vehicle parts that--
(A) has one or more motor vehicle parts
manufacturing facilities located within the United
States, and
(B)(i) is not owned or controlled by a natural
person who is a citizen of a deficit foreign country;
and
(ii) is not owned or controlled by a corporation or
other legal entity, wherever located, which is owned or
controlled by--
(I) natural persons who are citizens of a
deficit foreign country, or
(II) another corporation or other legal
entity that is owned or controlled by natural
persons who are citizens of a deficit foreign
country.
(3) United states motor vehicle parts.--The term ``United
States motor vehicle parts'' means motor vehicle parts produced
by United States motor vehicle parts manufacturers in the
United States.
(4) Deficit foreign country.--The term ``deficit foreign
country'' means any country with which the United States
merchandise trade balance with respect to motor vehicle parts
was in deficit in an amount of $5,000,000,000 or more for each
of the 3 most recent calendar years for which data are
available.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
TITLE I--TRADE REMEDY ACTIONS
SEC. 101. ``301'' ACTION WITH RESPECT TO BARRIERS TO MARKET ACCESS OF
UNITED STATES-MADE MOTOR VEHICLE PARTS.
(a) In General.--On the 45th day after the date of the enactment of
this Act, any act, policy, or practice of a deficit foreign country
that adversely affects the access to such country's market of motor
vehicle parts produced by United States motor vehicle parts
manufacturers (including, but not limited to, any act, policy, or
practice utilized in such country's motor vehicle distribution system)
shall, for purposes of title III of the Trade Act of 1974, be
considered as an act, policy, or practice of a foreign country that is
unjustifiable and burdens or restricts United States commerce. The
Trade Representative shall immediately proceed to determine, in
accordance with section 304(a)(1)(B) of such Act, what action to take
under section 301(a) of such Act to obtain the elimination of such act,
policy, or practice.
(b) Negotiation Agenda.--If the Trade Representative decides to
take action referred to in section 301(c)(1)(C) of the Trade Act of
1974 with respect to an act, policy, or practice referred to in
subsection (a), the agenda for negotiations shall include--
(1) guarantees for sales in the deficit foreign country's
market of motor vehicle parts produced in the United States by
United States motor vehicle parts manufacturers in an aggregate
amount equal to the percentage of such market that would be
held by motor vehicle parts produced by United States motor
vehicle parts manufacturers if the unfair act, policy, or
practice did not exist;
(2) the elimination or modification of the aspects of the
deficit foreign country's motor vehicle distribution system
(and any other act, policy, or practice) that act as a barrier
to the access to the foreign country's market of motor vehicle
parts produced in the United States by United States motor
vehicle parts manufacturers; and
(3) the establishment of procedures for the exchange of
information between the appropriate agencies of the United
States and the deficit foreign country's government that will
permit an accurate assessment of bilateral trade in motor
vehicle parts, particularly with respect to the purchase of
motor vehicle parts produced in the United States by United
States motor vehicle parts manufacturers for use by foreign
sources in the foreign country's market.
(c) Additional Estimates and Consequential Effect.--
(1) Estimate.--If the Trade Representative decides to take
action under section 301(c)(1)(C) of the Trade Act of 1974, the
Trade Representative shall promptly estimate, on the basis of
the best information available--
(A) the percentage share of the deficit foreign
country's market for motor vehicle parts that is
currently accounted for by motor vehicle parts produced
in the United States by United States motor vehicle
parts manufacturers;
(B) the percentage share of the deficit foreign
country's market for motor vehicle parts which would be
accounted for by United States motor vehicle parts if
an act, policy, or practice referred to in subsection
(a) did not exist; and
(C) the dollar value of the difference between the
percentage shares estimated under subparagraphs (A) and
(B).
(2) Subsequent action.--If the negotiations referred to in
subsection (b) are unsuccessful, any action subsequently taken
under section 301 of the Trade Act of 1974 in response to the
deficit foreign country's acts, policies, or practices shall be
substantially equivalent to the dollar value estimated under
paragraph (1)(C).
SEC. 102. ANTIDUMPING INVESTIGATION REGARDING MOTOR VEHICLE PARTS OF
DEFICIT FOREIGN COUNTRIES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall commence an investigation under section 732(a) of
the Tariff Act of 1930 to determine if imports of motor vehicle parts
into the United States that are products of any deficit foreign
country, or sales (or the likelihood of sales) of such parts for
importation into the United States, constitute grounds for the
imposition of antidumping duties under section 731 of such Act.
TITLE II--EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT
SEC. 201. EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT.
(a) In General.--Section 2125 of the Fair Trade in Auto Parts Act
of 1988 (15 U.S.C. 4704) is amended by striking ``December 31, 1993''
and inserting ``December 31, 1998''.
(b) Functions of Secretary of Commerce.--Section 2123(b) of the
Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4702(b)) 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) coordinate--
``(A) United States policy regarding auto parts and
the market for auto parts; and
``(B) the sharing of data and market information
among the relevant departments and agencies of the
United States Government, including the Department of
the Treasury, the Department of Justice, the Department
of Commerce, and the Office of the United States Trade
Representative.''.
(c) Definitions.--Section 2122 of the Fair Trade in Auto Parts Act
of 1988 (15 U.S.C. 4701 note) is amended--
(1) by striking ``For purposes of'' and inserting ``(a)
Japanese Markets.--For purposes of'';
(2) by adding at the end the following new subsection:
``(b) Other Definitions.--For purposes of this part:
``(1) The term `auto parts and accessories' has the meaning
given the term `motor vehicle parts' in section 1(b)(1)(B) of
the Fair Trade in Motor Vehicle Parts Act of 1993.
``(2) The term `United States auto parts manufacturer'
means a manufacturer of auto parts that--
``(A) has one or more auto parts manufacturing
facilities located within the United States, and
``(B)(i) is not owned or controlled by a natural
person who is a citizen of Japan; and
``(ii) is not owned or controlled by a corporation
or other legal entity, wherever located, which is owned
or controlled by--
``(I) natural persons who are citizens of
Japan, or
``(II) another corporation or other legal
entity that is owned or controlled by natural
persons who are citizens of Japan.
``(3) The terms `United States-made auto parts and
accessories' and `United States-made auto parts' have the
meaning given the term `United States motor vehicle parts' in
section 1(b)(3) of the Fair Trade in Motor Vehicle Parts Act of
1993.''; and
(3) by striking ``definition'' in the heading and inserting
``definitions''. | TABLE OF CONTENTS:
Title I: Trade Remedy Actions
Title II: Extension and Modification of Fair Trade in
Auto Parts Act
Fair Trade in Motor Vehicle Parts Act of 1993 -
Title I: Trade Remedy Actions
- Declares that any act, policy, or practice of a deficit foreign country that adversely affects the access to its market of U.S. motor vehicle parts (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of "301" action under the Trade Act of 1974, be considered as an act, policy, or practice that is unjustifiable and burdens or restricts U.S. commerce. Directs the United States Trade Representative (USTR) to determine what action to take under the Act to eliminate such act, policy, or practice.
Requires an agenda for negotiations with countries the USTR has taken action against to include: (1) a certain percentage of guaranteed sales in the deficit foreign country's market of U.S. motor vehicle parts; (2) the elimination or modification of the aspects of such country's motor vehicle distribution system that act as a barrier to U.S. motor vehicle parts; and (3) the exchange between such country and the United States of information concerning bilateral trade in such parts. Requires the USTR to make certain estimates with respect to the current percentage of such country's market for motor vehicle parts that is accounted for by U.S. motor vehicle parts.
Requires the Secretary of Commerce (Secretary) to commence an antidumping duty investigation to determine if imports of motor vehicle parts from a deficit foreign country, or sales (or the likelihood of sales) of such imports, constitute grounds for the imposition of antidumping duties.
Title II: Extension and Modification of Fair Trade in Auto Parts Act
- Amends the Fair Trade in Auto Parts Act of 1988 to extend such Act through December 31, 1998. Directs the Secretary, among other things, to coordinate: (1) U.S. policy regarding auto parts and the market for auto parts by the Japanese; and (2) the sharing of data and market information among U.S. agencies, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the USTR. | Fair Trade in Motor Vehicle Parts Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Iran's Access to United
States Dollars Act of 2016''.
SEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING
THE GOVERNMENT OF IRAN OR IRANIAN PERSONS.
(a) In General.--The President shall not issue any license under
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) that permits a person--
(1) to conduct an offshore United States dollar clearing
system for transactions involving the Government of Iran or an
Iranian person; or
(2) to provide United States dollars for any offshore
United States dollar clearing system conducted or overseen by a
foreign government or a foreign financial institution for
transactions involving the Government of Iran or an Iranian
person.
(b) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a corporation,
business association, partnership, trust, society, or any other
entity.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(i)).
(3) Person.--The term ``person'' means an individual or
entity.
SEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR
TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN
PERSONS.
(a) Reports Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and not less frequently than once
every 90 days thereafter, the Secretary of the Treasury shall
submit to the appropriate congressional committees and publish
in the Federal Register a report that contains--
(A) a list of any financial institutions that the
Secretary has identified as--
(i) operating an offshore United States
dollar clearing system that conducts
transactions involving the Government of Iran
or an Iranian person; or
(ii) participating in a transaction
described in clause (i) through a system
described in that clause; and
(B) a detailed assessment of the status of efforts
by the Secretary to prevent the conduct of transactions
described in subparagraph (A)(i) through systems
described in that subparagraph.
(2) Form of report.--Each report submitted under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Imposition of Sanctions.--
(1) In general.--The President shall, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block and prohibit all transactions in all property
and interests in property of any financial institution
specified in the most recent list submitted under subsection
(a)(1)(A) if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(2) Additional sanctions.--The President may impose
additional sanctions under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial
institution that is subject to sanctions under paragraph (1).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996 (Public Law
104-172; 50 U.S.C. 1701 note).
SEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL
INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF
A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION.
Section 1245(c) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a) is amended--
(1) by striking ``The President'' and inserting ``(1) In
general.--The President''; and
(2) by adding at the end the following:
``(2) Treatment of certain transactions.--
``(A) U-turn transactions.--Property that comes
within the possession or control of a United States
person pursuant to a transfer of funds that arises
from, and is ordinarily incident and necessary to give
effect to, an underlying transaction shall be
considered to come within the possession or control of
that person for purposes of paragraph (1).
``(B) Book transfers.--A transfer of funds or other
property for the benefit of an Iranian financial
institution that is made between accounts of the same
financial institution shall be considered property or
interests in property of that Iranian financial
institution for purposes of paragraph (1) even if that
Iranian financial institution is not the direct
recipient of the transfer.''. | Preventing Iran's Access to United States Dollars Act of 2016 This bill prohibits the President from issuing a license that permits a person to: conduct an offshore U.S. dollar clearing system for transactions involving the government of Iran or an Iranian person, or provide U.S. dollars for any offshore U.S. dollar clearing system conducted by a foreign government or a foreign financial institution for transactions involving the government of Iran or an Iranian person. The Department of the Treasury shall report to Congress: a list of financial institutions operating or participating in an offshore U.S. dollar clearing system that conducts transactions involving the government of Iran or an Iranian person, and an assessment of Treasury efforts to prevent such transactions. The President shall block and prohibit all transactions in property and property interests of any listed institution if the property and interests: (1) are in the United States, (2) come within the United States, or (3) are or come within the possession or control of a U.S. person. The President may impose additional sanctions pursuant to the International Emergency Economic Powers Act. The National Defense Authorization Act for Fiscal Year 2012 is amended to subject to sanctions: (1) u-turn transactions (fund transfers from a foreign bank that pass through a U.S. financial institution and are then transferred to a second foreign bank), and (2) book transfers (fund transfers for the benefit of an Iranian financial institution made between accounts of the same financial institution). | Preventing Iran's Access to United States Dollars Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Affordable Transaction
Account Act of 2001''.
SEC. 2. AFFORDABLE BANKING SERVICES.
(a) In General.--Except as otherwise provided in this section, each
insured depository institution shall make available to consumers a
consumer transaction account, to be known as an ``affordable
transaction account'', with the following features to be prescribed
jointly by the Federal banking agencies, by regulation:
(1) Initial deposit.--The maximum amount which an insured
depository institution may require as an initial deposit, if
any.
(2) Minimum balance.--The maximum amount an insured
depository institution may require as a minimum balance, if
any, to maintain such account.
(3) Minimum number of free withdrawals.--A minimum of 8
withdrawal transactions, including withdrawals by negotiable or
transferable instruments for the purpose of making payments to
third parties and electronic fund transfers, during any
periodic cycle at no additional charge to the account holder.
(4) Maximum monthly service charge.--The maximum amount an
insured depository institution may charge per periodic cycle
for the use of such account.
(b) Fees for Withdrawal Transactions in Excess of Minimum Number of
Free Withdrawals.--
(1) In general.--Subject to paragraph (2), in the case of
any affordable transaction account--
(A) an insured depository institution may impose a
reasonable per-transaction charge for any withdrawal
transaction described in subsection (a)(3) other than a
transaction required under such subsection to be
provided free; or
(B) the depository institution may impose the fees
and charges normally applied to other consumer
transaction accounts available at that depository
institution.
(2) Limitations.--
(A) Periodic cycle fee adjustment.--The amount of
any charge per periodic cycle imposed by an insured
depository institution on any affordable transaction
account pursuant to paragraph (1)(B) shall be reduced
by the charge imposed under subsection (a)(4).
(B) Maximum amount.--At no time shall the total
amount of fees and charges imposed by an insured
depository institution on any affordable transaction
account exceed the total amount of fees and charges
that is normally applied to other consumer transaction
accounts available at the depository institution.
(c) Conditions for Opening Any Affordable Transaction Account.--An
insured depository institution may require as a condition for opening
or maintaining any affordable transaction account that--
(1) the holder of the account be a resident of the State in
which the account is opened or maintained; and
(2) the deposits to the account of recurring payments such
as Social Security, wage, or pension payments be made by direct
deposit if that form of deposit is available to both the
consumer and the depository institution.
(d) Other Terms and Conditions.--
(1) In general.--Except as provided in this section and any
regulations prescribed under this section, any affordable
transaction account may be offered by an insured depository
institution subject to the same rules, conditions, and terms
normally applicable to other consumer transaction accounts
offered by the depository institution.
(2) Prohibition on discrimination against affordable
transaction account holders in providing other services.--The
amount of any fee or charge imposed on a holder of any
affordable transaction account by an insured depository
institution for specific services provided to such account
holder which are not directly related to the maintenance of
such account may not exceed the fee or charge imposed by the
depository institution for providing the same services in
connection with other consumer transaction accounts offered by
the depository institution.
(e) Affordable Transaction Accounts Not Required for Individuals
Who Maintain Other Transaction Accounts.--An insured depository
institution shall not be required to permit any person to open or
maintain an affordable transaction account pursuant to this section if
such person maintains another consumer transaction account either at
that depository institution or any other insured depository
institution.
(f) Alternative Arrangements.--In lieu of the affordable
transaction account required by this section, an insured depository
institution may make available an alternative form of account or other
banking services if the appropriate Federal banking agency determines
that such alternative form of account or services are at least as
advantageous to consumers as the affordable transaction account.
(g) Disclosure Requirements.--
(1) Posted notices.--If an insured depository institution
posts in the public area of any office of the institution a
notice of the availability of other consumer transaction
accounts, the depository institution shall also post equally
conspicuous notice in such public area and in the same manner
the availability of its affordable transaction accounts.
(2) Printed material.--If an insured depository institution
makes available in the public area of any office of the
institution printed material describing the terms of its other
consumer transaction accounts, the depository institution shall
also make comparable descriptive printed material concerning
the affordable transaction accounts available in the same such
area and in the same manner.
(h) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Consumer transaction account.--For purposes of this
section, the term ``consumer transaction account'' means a
demand deposit account, negotiable order of withdrawal account,
share draft account, or any similar transaction account used
primarily for personal, family or household purposes.
(2) Depository institution.--The term ``depository
institution'' has the same meaning as in section 19(b)(1)(A) of
the Federal Reserve Act.
(3) Federal banking agency.--The term ``Federal banking
agency''--
(A) has the same meaning as in section 3(z) of the
Federal Deposit Insurance Act; and
(B) includes the National Credit Union
Administration Board.
(4) Insured depository institution.--The term ``insured
depository institution''--
(A) has the same meaning as in section 3(c)(2) of
the Federal Deposit Insurance Act; and
(B) includes an insured credit union (as defined in
section 101(7) of the Federal Credit Union Act).
(i) Compliance With More Stringent State Law.--If a depository
institution operates in a State the laws of which, including
regulations, require a depository institution operating in such State
to meet requirements for affordable transaction accounts which are more
advantageous to the consumer than the requirements of this section or
the regulations prescribed under this section, such depository
institution may not be treated as a qualified depository institution
for purposes of section 19(b)(12) of the Federal Reserve Act, unless
such depository institution meets the requirements of this section and
the requirements of such State law.
(j) Rule of Construction.--No provision of this section, title LXII
of the Revised Statutes of the United States, the Home Owners' Loan
Act, the Bank Enterprise Act of 1991, the Alternative Mortgage
Transaction Parity Act of 1982, or any other Federal law may be
construed as preempting, or providing any basis for the Comptroller of
the Currency or the Director of the Office of Thrift Supervision to
conclude that Federal law in any way preempts, the law of any State
which requires depository institution operating in that State to
provide affordable transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the State of New
York and the New Jersey Consumer Checking Account Act (as in effect on
the date of the enactment of this Act).
(k) Coordination of Regulations.--Each Federal banking agency
shall--
(1) consult and coordinate with other Federal banking
agencies to ensure that regulations prescribed by each such
agency are consistent with and comparable to the regulations
prescribed by each other such agency; and
(2) prescribe regulations in final form to implement this
section before the end of the 6-month period beginning on the
date of the enactment of this Act. | Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an "affordable transaction account" containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month.Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.Mandates depository institution compliance with more stringent State law where applicable. | To require insured depository institutions to make affordable transaction accounts available to their customers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lavender Offense Victim Exoneration
Act of 2017'' or the ``LOVE Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During the so-called ``Lavender Scare'', at least 1,000
people were wrongfully dismissed from the Department of State
for alleged homosexuality during the 1950s and well into the
1960s.
(2) According to the Department of State's Bureau of
Diplomatic Security, Department of State employees were forced
out of the Department on the grounds that their sexual
orientation ostensibly rendered them vulnerable to blackmail
and made them security risks.
(3) In addition to those wrongfully dismissed, many other
patriotic Americans were prevented from joining the Department
due to a screening process that was put in place to prevent the
hiring of those who, according to the findings of the Bureau of
Diplomatic Security, ``seemed like they might be gay or
lesbian''.
(4) Congress bears a special measure of responsibility as
the Department's actions were in part in response to
congressional investigations into ``sex perversion of Federal
employees'', reports on the employment of ``moral perverts by
Government Agencies'', hearings and pressure placed on the
Department through the appropriations process and congressional
complaints that Foggy Bottom was ``rampant with homosexuals who
were sympathetic to Communism and vulnerable to blackmail''.
(5) Between 1950 and 1969, the Department of State was
required to report on the number of homosexuals fired each year
as part of their annual appeals before Committees on
Appropriations.
(6) Although the worst effects of the ``Lavender Scare''
are behind us, as recently as the early 1990s, the Department
of State's security office was investigating State personnel
thought to be gay and driving them out of government service as
``security risks''.
(7) In 1994, Secretary of State Warren Christopher issued a
prohibition against discrimination in the Department of State,
including that based on sexual orientation.
(8) In 1998, President William Jefferson Clinton signed
Executive Order 13087 barring discrimination on the basis of
sexual orientation.
(9) On January 9, 2017, Secretary of State John Kerry
issued a statement regarding the ``Lavender Scare'', saying,
``On behalf of the Department, I apologize to those who were
impacted by the practices of the past and reaffirm the
Department's steadfast commitment to diversity and inclusion
for all our employees, including members of the LGBTI
community.''.
SEC. 3. DIRECTOR GENERAL REVIEW.
(a) Review.--The Director General of the Foreign Service and
Director of Human Resources of the Department of State, in consultation
with the Historian of the Department of State, shall review all
employee terminations that occurred after January 1, 1950, to determine
who was wrongfully terminated owing to their sexual orientation,
whether real or perceived.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Director General shall, consistent with
applicable privacy regulations, compile the information compiled under
subsection (a) in a publicly available report. The report shall include
historical statements made by officials of the Department of State and
Congress encouraging and implementing policies and tactics that led to
the termination of employees due to their sexual orientation.
SEC. 4. REPORTS ON REVIEWS.
(a) Reviews.--The Secretary of State shall conduct reviews of the
consistency and uniformity of the reviews conducted by the Director
General under section 3.
(b) Reports.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter for 2 years, the
Secretary shall submit to Congress a report on the reviews conducted
under section 3. Each report shall include any comments or
recommendations for continued actions.
SEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD.
(a) Establishment.--The Secretary of State shall establish, within
the Office of Civil Rights of the Department of State, an independent
Reconciliation Board to review the reports released by the Director
General of the Foreign Service and Director of Human Services under
section 3(b).
(b) Duties.--The Reconciliation Board shall--
(1) consistent with applicable privacy regulations, contact
all employees found to be fired due to the ``Lavender Scare''
or, in the case of deceased former employees, the family
members of the employees, to inform them that their termination
from the Department of State has been deemed inappropriate and
that, if they wish, their employment record can be changed to
reflect these findings;
(2) designate a point of contact at a senior level position
within the Office of the Director General of the Foreign
Service and Director of Human Resources to receive oral
testimony of any employees or family members of deceased
employees mentioned in the report who personally experienced
discrimination and termination because of the actual or
perceived sexual orientation in order that such testimony may
serve as an official record of these discriminatory policies
and their impact on United States lives; and
(3) provide an opportunity for any former employee not
mentioned in the report to bring forth a grievance to the Board
if they believe they were terminated due to their sexual
orientation.
(c) Review of Claims.--
(1) In general.--The Board shall review each claim
described in subsection (b) within 150 days of receiving the
claim. Lack of paperwork may not be used as a basis for
dismissing any claims.
(2) Cooperation.--The Department of State shall be
responsible for producing pertinent information regarding each
claim to prove the employee was not wrongfully terminated.
(d) Termination.--The Board shall terminate 5 years after the date
of the enactment of this Act.
SEC. 6. ISSUANCE OF APOLOGY.
(a) Finding.--Secretary of State Kerry delivered the following
apology on January 9, 2017:
``Throughout my career, including as Secretary of State, I have
stood strongly in support of the LGBTI community, recognizing that
respect for human rights must include respect for all individuals.
LGBTI employees serve as proud members of the State Department and
valued colleagues dedicated to the service of our country. For the last
several years, the Department has pressed for the families of LGBTI
officers to have the same protections overseas as families of other
officers. In 2015, to further promote LGBTI rights throughout the
world, I appointed the first ever Special Envoy for the Human Rights of
LGBTI Persons.
``In the past--as far back as the 1940s, but continuing for
decades--the Department of State was among many public and private
employers that discriminated against employees and job applicants on
the basis of perceived sexual orientation, forcing some employees to
resign or refusing to hire certain applicants in the first place. These
actions were wrong then, just as they would be wrong today.
``On behalf of the Department, I apologize to those who were
impacted by the practices of the past and reaffirm the Department's
steadfast commitment to diversity and inclusion for all our employees,
including members of the LGBTI community.''
(b) Congressional Apology.--Congress hereby offers a formal apology
for its responsibility in encouraging the ``Lavender Scare'' and
similar policies at the Department of State, as these policies were in
part a response to congressional investigations into ``sex perversion
of Federal employees'', reports on the employment of ``moral perverts
by Government Agencies'', and hearings or pressure otherwise placed on
the Department of State through the appropriations process.
SEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.
(a) In General.--The Secretary of State shall work with the current
public-private partnership associated with the Department of State's
new United States Diplomacy Center to establish a permanent exhibit on
the ``Lavender Scare'' in the museum to assure that the history of this
unfortunate episode is not brushed aside.
(b) Specifications.--The exhibit--
(1) shall be installed at the museum not later than one
year after the date of enactment of this Act;
(2) should provide access to the reports compiled by the
Director General of the Foreign Service and Director of Human
Resources under section 3(b); and
(3) shall readily display material gathered from oral
testimony received pursuant to section 5(b)(2) from employees
or family members of deceased employees who were subject to
these discriminatory policies during the ``Lavender Scare''.
SEC. 8. GUIDANCE ON ISSUING VISAS.
To demonstrate the Department of State's commitment to ensuring
fairness for current employees, not later than 100 days after the date
of the enactment of this Act, the Secretary of State shall submit to
Congress a report on countries not issuing visas to the spouses of all
Foreign Service personnel posted overseas due to their sexual
orientation. This report shall include any comments or recommendations
for actions, including eliminating visa reciprocity with countries
found to be instituting these practices against the spouses of Foreign
Service personnel, that will lead to ensuring that all spouses of
Foreign Service personnel receive visas for the country their spouse is
assigned, regardless of sexual orientation.
SEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD.
(a) Establishment.--The Secretary of State shall establish, within
the Office of the Director General of the Department of State, a board
comprised of senior-level officials to address the issues faced by
LGBTQI Foreign Service employees and their families.
(b) Hearing of Testimony.--The Advancement Board shall hear
testimony from any willing LGBTQI Foreign Service employees and their
families regarding any discrimination they have faced due to their
sexual orientation.
(c) Report.--
(1) In general.--Not later than 100 days after completing
collection of testimony described under subsection (b), and
annually thereafter for 5 years, the Advancement Board shall
submit to Congress a report based on the testimony.
(2) Content.--The report required under paragraph (1) shall
include any comments or recommendations for continued actions
to improve the Department of State to ensure that no employee
or their family members experience discrimination due to their
sexual orientation.
(3) Privacy.--The report required under paragraph (1) shall
remain private and will only be accessible to Members of
Congress, their appropriate staff, and members of the
Advancement Board. | Lavender Offense Victim Exoneration Act of 2017 or the LOVE Act of 2017 This bill requires the Department of State to review employee terminations at the State Department in the 1950s and 1960s to determine who was wrongfully terminated due to their actual or perceived sexual orientation (known as the Lavender Scare). The bill contains an apology from Congress for its role in encouraging the termination of State Department employees based on sexual orientation. The State Department is required to: create a reconciliation board to change the employment records of those affected, to receive oral testimony of those affected, and to allow former employees to bring a grievance if they believe their termination was due to their sexual orientation; create an advancement board to address employment issues of current LGBTQI Foreign Officers; establish a permanent exhibit about the terminations in the State Department's U.S. Diplomacy Center; report to Congress about countries refusing to issue visas to spouses of Foreign Service personnel because of their sexual orientation. | Lavender Offense Victim Exoneration Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alcohol Tax Equalization Act''.
SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC
EQUIVALENT OF TAXES ON DISTILLED SPIRITS.
(a) Wine.--
(1) Wines containing not more than 14 percent alcohol.--
Paragraph (1) of section 5041(b) of the Internal Revenue Code
of 1986 (relating to rates of tax on wines) is amended by
striking ``$1.07'' and inserting ``$2.97''.
(2) Wines containing more than 14 (but not more than 21)
percent alcohol.--Paragraph (2) of section 5041(b) of such Code
is amended by striking ``$1.57'' and inserting ``$4.86''.
(3) Wines containing more than 21 (but not more than 24)
percent alcohol.--Paragraph (3) of section 5041(b) of such Code
is amended by striking ``$3.15'' and inserting ``$6.08''.
(b) Beer.--
(1) In general.--Paragraph (1) of section 5051(a) of such
Code (relating to imposition and rate of tax on beer) is
amended by striking ``$18'' and inserting ``$37.67''.
(2) Small brewers.--Subparagraph (A) of section 5051(a)(2)
of such Code (relating to reduced rate for certain domestic
production) is amended by striking ``$7'' each place it appears
and inserting ``$26.67''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1995.
(d) Floor Stocks Taxes.--
(1) Imposition of tax.--
(A) In general.--In the case of any tax-increased
article--
(i) on which tax was determined under part
I of subchapter A of chapter 51 of the Internal
Revenue Code of 1986 or section 7652 of such
Code before January 1, 1995, and
(ii) which is held on such date for sale by
any person,
there shall be imposed a tax at the applicable rate on
each such article.
(B) Applicable rate.--For purposes of clause (i),
the applicable rate is--
(i) $1.90 per wine gallon in the case of
wine described in paragraph (1) of section
5041(b) of such Code,
(ii) $3.29 per wine gallon in the case of
wine described in paragraph (2) of section
5041(b) of such Code,
(iii) $2.93 per wine gallon in the case of
wine described in paragraph (3) of section
5041(b) of such Code, and
(iv) $19.67 per barrel in the case of beer.
In the case of a fraction of a gallon or barrel, the
tax imposed by subparagraph (A) shall be the same
fraction as the amount of such tax imposed on a whole
gallon or barrel.
(C) Tax-increased article.--For purposes of this
subsection, the term ``tax-increased article'' means
wine described in paragraph (1), (2), or (3) of section
5041(b) of such Code and beer.
(2) Exception for certain small wholesale or retail
dealers.--No tax shall be imposed by subparagraph (A) on tax-
increased articles held on January 1, 1995, by any dealer if--
(A) the aggregate liquid volume of tax-increased
articles held by such dealer on such date does not
exceed 500 wine gallons, and
(B) such dealer 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.
(3) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding any tax-
increased article on January 1, 1995, to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before June 30, 1995.
(4) Controlled groups.--
(A) Corporations.--In the case of a controlled
group, the 500 wine gallon amount specified in
paragraph (2), shall be apportioned among the dealers
who are component members of such group in such manner
as the Secretary shall by regulations prescribe. For
purposes of the preceding sentence, 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.
(B) Nonincorporated dealers under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of dealers under common
control where 1 or more of such dealers is not a
corporation.
(5) Other laws applicable.--
(A) In general.--All provisions of law, including
penalties, applicable to the comparable excise tax with
respect to any tax-increased article shall, insofar as
applicable and not inconsistent with the provisions of
this paragraph, apply to the floor stocks taxes imposed
by paragraph (1) to the same extent as if such taxes
were imposed by the comparable excise tax.
(B) Comparable excise tax.--For purposes of
subparagraph (A), the term ``comparable excise tax''
means--
(i) the tax imposed by section 5041 of such
Code in the case of wine, and
(ii) the tax imposed by section 5051 of
such Code in the case of beer.
(6) Definitions.--For purposes of this subsection--
(A) In general.--Terms used in this paragraph which
are also used in subchapter A of chapter 51 of such
Code shall have the respective meanings such terms have
in such part.
(B) Person.--The term ``person'' includes any State
or political subdivision thereof, or any agency or
instrumentality of a State or political subdivision
thereof.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or his delegate.
SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.
(a) General Rule.--Subpart E of part I of subchapter A of chapter
51 of the Internal Revenue Code of 1986 is amended by inserting before
section 5061 the following new section:
``SEC. 5060. INDEXATION OF RATES.
``(a) General Rule.--Effective during each calendar year after
1995, each tax rate set forth in subsection (b) shall be increased by
an amount equal to--
``(1) such rate as in effect without regard to this
section, multiplied by
``(2) the cost-of-living adjustment for such calendar year
determined under section 1(f)(3) by substituting `calendar year
1994' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of 1 cent.
``(b) Tax Rates.--The tax rates set forth in this subsection are
the rates contained in the following provisions:
``(1) Paragraphs (1) and (3) of section 5001(a).
``(2) Paragraphs (1), (2), (3), (4), and (5) of section
4041(b).
``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
(b) Technical Amendment.--Paragraphs (1)(A) and (2) of section
5010(a) are each amended by striking ``$13.50'' and inserting ``the
rate in effect under section 5001(a)(1)''.
(c) Clerical Amendment.--The table of sections for subpart E of
part I of subchapter A of chapter 51 of such Code is amended by
inserting before the item relating to section 5061 the following new
item:
``Sec. 5060. Indexation of rates.''
SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.
(a) General Rule.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds) is
amended by adding at the end thereof the following new section:
``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Mental Health and
Substance Abuse Benefits Trust Fund', consisting of such amounts as may
be appropriated or credited to such Trust Fund as provided in this
section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Mental Health and Substance Abuse Benefits Trust Fund amounts
equivalent to the additional taxes received in the Treasury under
chapter 51 by reason of the amendments made by sections 2 and 3 of the
Alcohol Tax Equalization Act.
``(c) Expenditures From Trust Fund.--Amounts in the Mental Health
and Substance Abuse Benefits Trust Fund shall be available, as provided
in appropriation Acts, for purposes of providing mental health and
substance abuse benefits under health care reform legislation hereafter
enacted.''
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 is amended by adding at the end thereof the following new
item:
``Sec. 9512. Mental health and substance
abuse benefits trust fund.'' | Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994.
Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund. | Alcohol Tax Equalization Act |
SECTION 1. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY
PROJECTS.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2010, with each project to be
carried out in the amount specified for each project:
(1) Construction (including acquisition of land) for the
realignment of services and closure projects at the Department
of Veterans Affairs Medical Center in Livermore, California, in
an amount not to exceed $55,430,000.
(2) Construction of a Multi-Specialty Care Facility in
Walla Walla, Washington, in an amount not to exceed $71,400,00.
(3) Construction (including acquisition of land) for a new
medical facility at the Department of Veterans Affairs Medical
Center in Louisville, Kentucky, in an amount not to exceed
$75,000,000.
SEC. 2. ADDITIONAL AUTHORIZATION FOR FISCAL YEAR 2010 MAJOR MEDICAL
FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2010:
(1) Replacement of the existing Department of Veterans
Affairs Medical Center in Denver, Colorado, in an amount not to
exceed $800,000,000.
(2) Construction of Outpatient and Inpatient Improvements
in Bay Pines, Florida, in an amount not to exceed $194,400,000.
SEC. 3. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may carry out the following
fiscal year 2010 major medical facility leases at the locations
specified, in an amount not to exceed the amount shown for that
location:
(1) Anderson, South Carolina, Outpatient Clinic, in an
amount not to exceed $4,774,000.
(2) Atlanta, Georgia, Specialty Care Clinic, in an amount
not to exceed $5,172,000.
(3) Bakersfield, California, Community Based Outpatient
Clinic, in an amount not to exceed $3,464,000.
(4) Birmingham, Alabama, Annex Clinic and Parking Garage,
in an amount not to exceed $6,279,000.
(5) Butler, Pennsylvania, Health Care Center, in an amount
not to exceed $16,482,000.
(6) Charlotte, North Carolina, Health Care Center, in an
amount not to exceed $30,457,000.
(7) Fayetteville, North Carolina, Health Care Center, in an
amount not to exceed $23,487,000.
(8) Huntsville, Alabama, Outpatient Clinic Expansion, in an
amount not to exceed $4,374,000.
(9) Kansas City, Kansas, Community Based Outpatient Clinic,
in an amount not to exceed $4,418,000.
(10) Loma Linda, California, Health Care Center, in an
amount not to exceed $31,154,000
(11) McAllen, Texas, Outpatient Clinic, in an amount not to
exceed $4,444,000.
(12) Monterey, California, Health Care Center, in an amount
not to exceed $11,628,000.
(13) Montgomery, Alabama, Health Care Center, in an amount
not to exceed $9,943,000.
(14) Tallahassee, Florida, Outpatient Clinic, in an amount
not to exceed $13,165,000.
(15) Winston-Salem, North Carolina, Health Care Center, in
an amount not to exceed $26,986,000.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Construction.--There is
authorized to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2010 or the year in which funds are appropriated for the
Construction, Major Projects, account--
(1) $201,830,000 for the projects authorized in section 1;
and
(2) $994,400,000 for the projects authorized in section 2.
(b) Authorization of Appropriations for Medical Facility Leases.--
There is authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal year 2010 or the year in which funds are
appropriated for the Medical Facilities account $196,227,000 for the
leases authorized in section 3.
(c) Limitation.--The projects authorized in sections 1 and 2 may
only be carried out using--
(1) funds appropriated for fiscal year 2010 pursuant to the
authorization of appropriations in subsection (a) of this
section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2010 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2010 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2010 for a category of activity not specific to
a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before 2010 for a category of activity not
specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after 2010 for a category of activity not
specific to a project. | Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2010 in: (1) Livermore, California; (2) Walla Walla, Washington; and (3) Louisville, Kentucky.
Authorizes the Secretary to carry out projects in FY2010, as previously authorized, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and Bay Pines, Florida.
Authorizes the Secretary to carry out specified major medical facility leases (leases) in Alabama, California, Florida, Georgia, Kansas, North Carolina, Pennsylvania, South Carolina, and Texas.
Authorizes appropriations for projects and leases authorized under this Act. | A bill to authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2010, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mexican Agricultural Trade
Compliance Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Section 301 of the Trade Act of 1974 provides that, if
the United States Trade Representative determines that the
rights of the United States under any trade agreement are being
denied, the Trade Representative shall take action to enforce
such rights.
(2) The Statement of Administrative Action accompanying the
Uruguay Round Agreements Act provided that the United States
Trade Representative would base any section 301 determination
as to whether there has been a violation or denial of United
States rights under the Uruguay Round Agreements on panel or
Appellate Body findings adopted by the Dispute Settlement Body
of the World Trade Organization.
(3) In a panel report adopted by the Dispute Settlement
Body on January 27, 2000, the Dispute Settlement Body
determined that section 301 of the Trade Act of 1974 is not
inconsistent with United States obligations under the Uruguay
Round Agreements, particularly in light of the decision of the
United States to use section 301 only after exhausting its
rights under the Dispute Settlement Understanding.
(4) On January 28, 2000, a panel of the World Trade
Organization determined that Mexico's antidumping order on high
fructose corn syrup imported from the United States violated
Mexico's commitments under the Uruguay Round Agreements.
(5) On February 24, 2000, the Dispute Settlement Body
adopted the report of the panel.
(6) On April 10, 2000, the United States and Mexico agreed
to a September 22, 2000, deadline for Mexico to come into
compliance with the panel report as adopted by the Dispute
Settlement Body.
(7) On September 20, 2000, just 2 days prior to the date
Mexico had agreed to come into compliance with the panel
report, Mexico issued a revised antidumping threat
determination in an obvious attempt to evade its commitment to
come into compliance with the panel report adopted by the
Dispute Settlement Body.
(8) On June 22, 2001, a panel, convened pursuant to Article
21.5 of the Dispute Settlement Understanding, found that
Mexico's revised antidumping threat determination failed to
bring Mexico into compliance with its commitments under the
World Trade Organization.
(9) On October 22, 2001, the Appellate Body affirmed the
ruling of the Article 21.5 panel and recommended that Mexico
come into compliance with its obligations under the World Trade
Organization.
(10) On November 21, 2001, the Dispute Settlement Body
adopted the Appellate Body ruling that affirmed the findings of
the Article 21.5 panel.
(11) On January 1, 2002, in a transparent attempt to evade
the determinations of the Dispute Settlement Body regarding
Mexico's antidumping order on high fructose corn syrup, and in
an affront to the rules-based system of the World Trade
Organization, Mexico imposed a de facto discriminatory 20
percent tax on soft drinks containing high fructose corn syrup,
the intent and effect of which is to continue Mexico's
antidumping order on United States high fructose corn syrup by
other means by restricting access to the Mexican market.
(12) On April 20, 2002, with its discriminatory tax on soft
drinks containing high fructose corn syrup now in place, and in
a continuous event with the imposition of this tax, Mexico
lifted its antidumping order on high fructose corn syrup.
Importantly, Mexico lifted its antidumping order only after
ensuring that imports of United States high fructose corn syrup
would not enter the Mexican market due to the imposition of the
tax on soft drinks. Mexico's lifting of its antidumping order
enabled it to make the disingenuous claim that it had come into
compliance with the findings adopted by the Dispute Settlement
Body regarding Mexico's antidumping order.
(13) The imposition of the tax on soft drinks and the
lifting of the antidumping order by Mexico are related aspects
of a unified effort by Mexico to deny the rights of the United
States with respect to the trade of high fructose corn syrup.
(14) The effects of the import restrictions of Mexico's
antidumping order continue with even more egregious results
through the imposition of a 20 percent tax on high fructose
corn syrup. Imports of high fructose corn syrup from the United
States dropped from 110,893 metric tons in 2001 (the year prior
to the lifting of the antidumping order) to 4,868 metric tons
in 2002 (the first year of the tax).
(15) The United States has exhausted proceedings under the
Dispute Settlement Understanding, and the Dispute Settlement
Body has on more than 1 occasion adopted findings adverse to
Mexico.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(2) Dispute settlement body.--The term ``Dispute Settlement
Body'' has the meaning given that term in section 121(5) of the
Uruguay Round Agreements Act (19 U.S.C. 3531(5)).
(3) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(4) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(16)).
(5) GATT 1994.--The term ``GATT 1994'' has the meaning
given such term in section 2(1)(B) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(1)(B).
(6) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given such term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7).
(7) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(8) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing The World Trade Organization entered
into on April 15, 1994.
SEC. 4. ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE URUGUAY ROUND
AGREEMENTS AND OTHER TRADE AGREEMENTS WITH RESPECT TO
HIGH FRUCTOSE CORN SYRUP EXPORTED TO MEXICO.
(a) Determination.--Congress determines that--
(1) the rights of the United States under the Uruguay Round
Agreements are being denied by Mexico in connection with the
imposition by Mexico of a 20 percent tax on soft drinks
containing high fructose corn syrup, an extension by other
means of Mexico's unjustified antidumping order on high
fructose corn syrup from the United States;
(2) the United States has exhausted proceedings under the
Dispute Settlement Understanding;
(3) Mexico's imposition of a tax on high fructose corn
syrup, an extension by other means of its unjustified
antidumping order on high fructose corn syrup from the United
States--
(A) constitutes an act, policy, or practice by
Mexico that is unjustifiable and burdens or restricts
United States commerce for purposes of section
304(a)(1) of the Trade Act of 1974 (19 U.S.C.
2414(a)(1)); and
(B) denies rights to which the United States is
entitled under existing trade agreements with Mexico
for purposes of such section 304; and
(4) unless, a certification described in subsection (b) is
submitted, the United States Trade Representative shall take
appropriate action under subsection (c).
(b) Certification.--The certification described in this subsection
means a certification from the United States Trade Representative
submitted to Congress not later than 30 days after the date of
enactment of this Act that states that Mexico has eliminated its tax on
soft drinks containing high fructose corn syrup and is taking
satisfactory measures to preserve the rights of the United States under
all applicable trade agreements with respect to high fructose corn
syrup.
(c) Action To Be Taken by USTR.--If a certification is not made
under subsection (b), the United States Trade Representative, not later
than 60 days after the date of enactment of this Act and after
consultation with the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives, shall,
pursuant to section 301(c)(1) (A) and (B) of the Trade Act of 1974 (19
U.S.C. 2411(c)(1) (A) and (B))--
(1) suspend, withdraw, or prevent the application of,
benefits of trade agreement concessions to carry out a trade
agreement with Mexico; or
(2) impose duties or other import restrictions on the goods
of Mexico, including agricultural products imported from
Mexico, and notwithstanding any other provision of law, fees or
restrictions on the services of, Mexico for such time as the
Trade Representative determines appropriate. | Mexican Agricultural Trade Compliance Act - Determines that U.S. rights under the Uruguay Round Agreements are being denied by Mexico in connection with Mexico's imposition of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension of Mexico's unjustified antidumping order on high fructose corn syrup from the United States. Directs the U.S. Trade Representative, unless certifying to Congress within 30 days after the enactment of this Act that Mexico has eliminated such tax and is otherwise preserving all U.S. trade agreement rights with respect to high fructose corn syrup, to either: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, and fees or restrictions on the services of Mexico. | A bill to direct the United States Trade Representative to enforce United States rights, under certain trade agreements with respect to Mexico, pursuant to title III of the Trade Act of 1974. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secondary Payer Advancement,
Rationalization, and Clarification Act'' or the ``SPARC Act''.
SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG
SECONDARY CLAIMS RESPONSIBILITY.
(a) In General.--Section 1860D-2(a)(4) of the Social Security Act
(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows:
``(4) Secondary payor and recovery rights.--
``(A) In general.--
``(i) Application of secondary payor.--A
prescription drug plan shall be secondary payor
to any valid and collectible payment from a
primary drug plan (as defined in clause (iv))
until such time as such primary drug plan pays
a final settlement, judgment, or award to an
individual enrolled under the prescription drug
plan with regard to an injury or illness
involved or otherwise terminates its ongoing
responsibility for medical payments with
respect to the individual.
``(ii) Limitation on parties making
prescription drug plans primary.--A primary
drug plan (as defined in clause (iv), other
than a group health plan or multiemployer or
multiple employer plan of, or contributed to
by, an employer that has 20 or fewer employees
for each working day in each of 20 or more
calendar weeks in the calendar year involved or
the preceding calendar year), a self-insured
plan, a service benefit plan, a managed care
organization, a pharmacy benefit manager, or
other party that, by statute, contract, or
agreement, is legally responsible for payment
of a claim for a covered outpatient drug, in
enrolling an individual or in making any
payments for benefits to the individual or on
the individual's behalf, may not take into
account that the individual is enrolled under a
prescription drug plan under this part or is
eligible for or is provided coverage for
covered part D drugs under this part.
``(iii) Limitation on secretarial claims
through subrogation.--The Secretary shall not
assert any claim on behalf or against a
prescription drug plan, other than through the
recovery from such a plan of amounts paid
related to a covered part D drug event that has
been repaid to the plan through a subrogation
action.
``(iv) Primary drug plan defined.--In this
paragraph, the term `primary drug plan' means,
with respect to benefits for covered part D
drugs, a group health plan or large group
health plan (other than a group health plan or
multiemployer or multiple employer plan of, or
contributed to by, an employer that has 20 or
fewer employees for each working day in each of
20 or more calendar weeks in the calendar year
involved or the preceding calendar year), a
workers' compensation law or plan, an
automobile or liability insurance policy or
plan (including a self-insured plan) or no-
fault insurance insofar as such a plan, law,
policy, or insurance provides such benefits,
insofar as, under the provisions of section
1862(b)(2), such coverage would be treated as a
primary plan if benefits for covered part D
drugs were treated as benefits under parts A
and B. For purposes of this clause, an entity
that engages in a business, trade, or
profession shall be deemed to have a self-
insured plan if it carries its own risk
(whether by a failure to obtain insurance, or
otherwise) in whole or in part.
``(B) Recovery.--A prescription drug plan shall be
subrogated (to the extent of payment made under this
part by the plan for any covered part D drug before the
date the plan received notice pursuant to subparagraph
(D)) to any right of an individual or any other entity
to payment, with respect to such covered part D drug,
under a primary drug plan. A subrogation claim may not
be asserted pursuant to this subparagraph by a
prescription drug plan with respect to a payment for a
covered part D drug after the date that is 3 years
after the date such plan receives notice of a payment,
with respect to such covered part D drug, pursuant to
subparagraph (D). Any such subrogation claim shall be
the exclusive legal remedy of the PDP sponsor of the
plan and shall be reduced to take into account the cost
of procuring the judgment or settlement with respect to
such claim if an individual's liability, workers'
compensation, or no-fault claim is disputed. Any costs
or expense incurred by a prescription drug plan related
to recoveries pursuant to this subparagraph shall not
be considered an administrative cost or expense, as
those terms are used in this part.
``(C) Waiver.--A prescription drug plan may waive
(in whole or in part) the provisions of this paragraph
in the case of an individual claim if the plan
determines that the waiver is in the best interests of
the program established under this part.
``(D) Coordination of benefits information.--Not
later than 15 days after the date the Secretary
receives information under paragraph (7) or (8) of
section 1862(b) relating to an individual enrolled in a
prescription drug plan during an applicable time, the
Secretary shall provide such information to such
prescription drug plan in a format convenient and
accessible to such plans. The Secretary shall waive any
requirements under this part that a prescription drug
plan establish procedures for determining whether costs
for part D eligible individuals are being reimbursed
through insurance or otherwise or identify payers that
are primary to the program under subparagraph (A)(ii)
other than as required under this paragraph.
``(E) Coordination of benefits.--A prescription
drug plan shall, in the case of receipt of a notice
pursuant to subparagraph (D) related to an enrollee for
whom a primary drug plan has reported on ongoing
responsibility for medical costs pursuant to paragraph
(7) or (8) of section 1862(b), authorize the provider
of such covered part D drug to charge, in accordance
with the charges allowed under the prescription drug
plan, such primary drug plan for such covered part D
drug related to or arising out of the treatment
accident or injury subject to such notice (other than
payments subject to a claim under subparagraph (B) or
(F)) for the period in which the enrollee remains
enrolled in such plan through the date upon which such
primary drug plan has terminated such ongoing
responsibility for medical payments.
``(F) Use of website to determine final
reimbursement amount.--
``(i) Notification of plans.--Not later
than 10 days after the date the Secretary
receives a notice under section
1862(b)(2)(B)(vii)(I) relating to an individual
during the period the individual is enrolled in
a prescription drug plan, the Secretary shall
provide such notice to the plan.
``(ii) Statement by plan.--
``(I) In general.--Not later than
20 days after the date a plan receives
a notice under clause (i), the plan may
provide the Secretary with a statement
of any covered part D drug for which
the plan seeks reimbursement, including
the amount of such reimbursement.
``(II) Failure to provide
statement.--The prescription drug plan
shall be deemed to have waived its
rights under subparagraph (B)--
``(aa) in the case that the
prescription drug plan does not
provide such statement by such
date, with respect to any
covered part D drug provided to
such individual with respect to
such notice; and
``(bb) in the case that the
prescription drug plan provides
such statement by such date,
with respect to any covered
part D drug provided to such
individual which was not
identified in the notice.
``(iii) Inclusion of information on
website.--The Secretary shall include any
covered part D drug identified by a
prescription drug plan pursuant to clause (ii)
within the Secretary's statement of
reimbursement amount on the website as
described in section 1862(b)(2)(B)(vii).
``(iv) Collection.--The Secretary may
collect (on behalf of a prescription drug plan)
the reimbursement amount for covered part D
drugs, as identified pursuant to clause (ii),
from the individual involved or the primary
drug plan pursuant to the procedures set forth
under section 1862(b)(2)(B)(vii). Any such
amounts collected by the Secretary for covered
part D drugs shall be remitted directly by the
Secretary to the appropriate prescription drug
plan that enrolled the individual related to
the notice during the applicable time period
for which such individual was enrolled.''.
(b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security
Act (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third-
party reimbursement.--'' and inserting ``third-party reimbursement.--
Solely for the purpose of applying the requirements of subparagraph
(C)(ii):''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to drugs dispensed in years beginning more than 6 months after
the date of the enactment of this Act. | Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans. | SPARC Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Inspector General Act of
1996''.
SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment of Office.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1) by inserting ``the President (with
respect only to the Executive Office of the President),'' after
``means''; and
(2) in paragraph (2) by inserting ``the Executive Office of
the President,'' after ``means''.
(b) Appointment of Inspector General.--Not later than 120 days
after the effective date of this Act, the President shall nominate an
individual as the Inspector General of the Executive Office of the
President pursuant to the amendments made by subsection (a).
SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating the second section 8G (regarding a
rule of construction) as section 8I; and
(2) by inserting after the first section 8G (regarding
requirements for Federal entities and designated Federal
entities) the following:
``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
``(a) Authority, Direction, and Control of President.--
Notwithstanding the last 2 sentences of section 3(a), the Inspector
General of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect to
audits or investigations, or the issuance of subpoenas, which require
access to information concerning--
``(1) ongoing criminal investigations or proceedings;
``(2) undercover operations;
``(3) the identity of confidential sources, including
protected witnesses;
``(4) deliberations and decisions on policy matters,
including documented information used as a basis for making
policy decisions;
``(5) intelligence or counterintelligence matters; or
``(6) other matters the disclosure of which would
constitute a serious threat to the national security, or would
cause significant impairment to the national interests
(including interests in foreign trade negotiations), of the
United States.
``(b) Prohibiting Activities of Inspector General.--With respect to
information described in subsection (a), the President may prohibit the
Inspector General of the Executive Office of the President from
carrying out or completing any audit or investigation, or issuing any
subpoena, after the Inspector General has decided to initiate, carry
out, or complete such audit or investigation or to issue such subpoena,
if the President determines that--
``(1) the disclosure of that information would interfere
with the core functions of the constitutional responsibilities
of the President; and
``(2) the prohibition is necessary to prevent the
disclosure of that information.
``(c) Notice.--
``(1) Notice to inspector general.--If the President makes
a determination referred to in subsection (b)(1) or (2), the
President shall within 30 days notify the Inspector General in
writing stating the reasons for that determination.
``(2) Notice to congress.--Within 30 days after receiving a
notice under paragraph (1), the Inspector General shall
transmit a copy of the notice to each of the Chairman and the
ranking minority party member of the Committee on Government
Reform and Oversight of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and other
appropriate committees or subcommittees of the Congress.
``(d) Semiannual Reports.--
``(1) Information to be included.--The Inspector General of
the Executive Office of the President shall include in each
semiannual report to the President under section 5, at a
minimum--
``(A) a list of the title or subject of each
inspection, investigation, or audit conducted during
the reporting period;
``(B) a statement of whether corrective action has
been completed on each significant recommendation
described in previous semiannual reports, and, in a
case where corrective action has been completed, a
description of such corrective action;
``(C) a certification that the Inspector General
has had full and direct access to all information
relevant to the performance of functions of the
Inspector General;
``(D) a description of all cases occurring during
the reporting period in which the Inspector General
could not obtain documentary evidence relevant to any
inspection, audit, or investigation due to a
determination of the President under subsection (b);
and
``(E) such recommendations as the Inspector General
considers appropriate concerning legislation to promote
economy and efficiency in the administration of
programs and operations undertaken by the Executive
Office of the President, and to detect and eliminate
fraud, waste, and abuse in such programs and
operations.
``(2) Transmission to congress.--Within 30 days after
receiving a semiannual report under section 5 from the
Inspector General of the Executive Office of the President, the
President shall transmit the report to each of the Chairman and
the ranking minority party member of the Committee on
Government Reform and Oversight of the House of Representatives
and the Committee on Governmental Affairs of the Senate with
any comments the President considers appropriate.''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on January 21, 1997. | White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of the President's constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well. | White House Inspector General Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Protection and Choice
Act''.
SEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS.
(a) In General.--Chapter 2 of the Truth in Lending Act is amended
by inserting after section 128A (15 U.S.C. 1638A) the following new
section:
``Sec. 128B. Deferred presentment transaction requirements
``(a) Prohibition on Deferred Presentment Transactions.--A deferred
presentment transaction is prohibited except as authorized by this
section.
``(b) Regulation of Deferred Presentment Transactions and Deferred
Presentment Providers.--If the Director of the Bureau determines that a
State has in effect a covered deferred presentment law, any regulations
of the Bureau with respect to deferred presentment transactions and
deferred presentment providers shall not apply in such State.
``(c) Covered Deferred Presentment Law Defined.--For purposes of
this section, the term `covered deferred presentment law' means a law
or regulation of a State that provides for the licensing of deferred
presentment providers and the regulation of deferred presentment
transactions, which may be accomplished through existing State
authority, and that meets the following requirements:
``(1) Database.--The law or regulation must establish a
database of deferred presentment transactions to assist
deferred presentment providers with complying with the
requirements of this section, which may be operated by a
private company selected by the State.
``(2) Deferred presentment provider requirements.--The law
or regulation must require a deferred presentment provider to--
``(A) be licensed by the State;
``(B) provide to the State the results of a
background check, including fingerprinting, of each
officer and principal of the deferred presentment
provider;
``(C) secure a copy of a valid State-issued form of
identification from a consumer before entering into a
deferred presentment transaction;
``(D) verify through the State deferred presentment
transaction database that a consumer entering into a
deferred presentment transaction with the deferred
presentment provider--
``(i) does not have an outstanding deferred
presentment transaction; and
``(ii) did not have an outstanding deferred
presentment transaction within the previous 24-
hour period; and
``(E) report to the State deferred presentment
transaction database operator immediately--
``(i) upon entering into a deferred
presentment transaction agreement--
``(I) the name of the consumer that
provided a check or other payment
instrument for deferred presentment;
``(II) the consumer's social
security number or employment
authorization alien number;
``(III) the consumer's address;
``(IV) the consumer's driver's
license number or identifier from other
valid State-issued form of
identification;
``(V) the amount of the deferred
presentment transaction;
``(VI) the date such deferred
presentment transaction is made and the
date on which repayment of the deferred
presentment transaction is due; and
``(VII) such other information as
the State determines appropriate; and
``(ii) upon repayment by the consumer of
the amount owed under a deferred presentment
transaction agreement or after such deferred
presentment transaction agreement is otherwise
settled, the date and time on which the amount
owed under such deferred presentment
transaction agreement is satisfied.
``(3) Deferred presentment transaction agreement
requirements.--The law or regulation must require that the
terms of a deferred presentment transaction agreement--
``(A) limit the total amount of all interest and
fees that may be charged to a consumer by a deferred
presentment provider with respect to a deferred
presentment transaction to no more than 10 percent of
the amount of such a deferred presentment transaction
and no more than a $5 processing fee;
``(B) limit the duration of the deferred
presentment transaction to a period no longer than 31
days or less than 7 days;
``(C) limit the amount of the deferred presentment
transaction to no more than $500, exclusive of allowed
fees;
``(D) be in writing;
``(E) provide that the consumer shall--
``(i) have the right to rescind any
deferred presentment transaction agreement
within the first 24 hours of the deferment
period; and
``(ii) pay any allowable processing fee
regardless of such rescission; and
``(F) include such other information as the State
determines to be appropriate.
``(4) Treatment of past-due amounts.--The law or regulation
must require that if a consumer fails to repay the amount due
pursuant to a deferred presentment transaction agreement by the
contractual repayment date, a deferred presentment provider
shall provide an additional 60-day grace period, without any
additional charge, for the consumer to repay such amount before
the deferred presentment provider may request payment for the
check or other payment instrument or pursue other civil
remedies, subject to the conditions that the grace period
will--
``(A) terminate immediately if, before the end of
the 7-day period beginning on the date of the
contractual repayment date, the consumer failed to make
an appointment to attend a course with a consumer
credit counseling agency and inform the deferred
presentment provider of such appointment; and
``(B) be deemed to have terminated at the end of
the 7-day period beginning on the date of the
contractual repayment date if, before the end of the
60-day period beginning on the date of the contractual
repayment date, the consumer failed to complete a
course with a consumer credit counseling agency and
inform the deferred presentment provider of the
completion of such course.
``(d) Compliance.--A deferred presentment transaction that complies
with the requirements of this section and applicable State law shall
not be considered to be an unfair, deceptive, or abusive act or
practice.
``(e) Effective Date.--The requirements of this section shall take
effect on the date that is 24 months after the date of the enactment of
this section.
``(f) Definitions.--For purposes of this section:
``(1) Deferment period.--The term `deferment period' means
the number of days a deferred presentment provider agrees to
wait before depositing, presenting, or redeeming a consumer's
check or other payment instrument under a deferred presentment
transaction agreement.
``(2) Deferred presentment provider.--The term `deferred
presentment provider' means a person who holds a license to be
a deferred presentment provider in the State in which a
deferred presentment transaction agreement is entered into and
who provides currency or other payment instrument to a consumer
as part of a deferred presentment transaction.
``(3) Deferred presentment transaction.--The term `deferred
presentment transaction' means a transaction in which currency
or other payment instrument is provided to a consumer in
exchange for a consumer's check or other payment instrument and
an agreement that such consumer's check or other payment
instrument shall be held for a deferment period prior to
presentment, deposit, or redemption.
``(4) Deferred presentment transaction agreement.--The term
`deferred presentment transaction agreement' means the
underlying agreement establishing a deferred presentment
transaction.
``(5) Other payment instrument.--The term `other payment
instrument' means a draft, warrant, money order, traveler's
check, or electronic instrument (other than currency).
``(6) State.--The term `State' means each of the several
States, the District of Columbia, and each territory and
possession of the United States.
``(7) State deferred presentment transaction database.--The
term `State deferred presentment transaction database' means
the database established by the State that issued the
consumer's form of identification.''.
(b) Clerical Amendment.--The table of contents at the beginning of
chapter 2 of the Truth in Lending Act is amended by inserting after the
item relating to section 128A the following new item:
``128B. Deferred presentment transaction requirements.''.
SEC. 3. MORATORIUM AND SAFE HARBOR.
(a) Moratorium.--The Bureau of Consumer Financial Protection may
not promulgate or enforce any regulation related to deferred
presentment providers with respect to deferred presentment transactions
during the 24-month period beginning on the date of enactment of this
Act.
(b) Safe Harbor.--The Bureau of Consumer Financial Protection may
not impose any additional requirements related to deferred presentment
providers with respect to deferred presentment transactions in a State
if such State has enacted a covered deferred presentment law by the
effective date in subsection (e) of section 128B of the Truth in
Lending Act, as added by section 2(a).
(c) Payday Loans.--The Bureau of Consumer Financial Protection--
(1) may not regulate payday loans during the 24-month
period beginning on the date of enactment of this Act; and
(2) may regulate payday loans in a State after such period
only if such State has not enacted a covered deferred
presentment law.
(d) Definitions.--For purposes of this section:
(1) TILA definitions.--The terms ``covered deferred
presentment law'', ``deferred presentment provider'',
``deferred presentment transaction'', and ``State'' shall have
the meanings given such terms under section 128B of the Truth
in Lending Act, as added by section 2(a).
(2) Payday loan.--The term ``payday loan'' means a loan
described under section 1024(a)(1)(E) of Public Law 111-203 (12
U.S.C. 5514(a)(1)(E)), except that such term does not include a
deferred presentment transaction. | Consumer Protection and Choice Act This bill amends the Truth in Lending Act to prohibit a deferred presentment transaction except as provided under this Act. A "deferred presentment transaction" is one in which currency or other payment is provided to a consumer in exchange for a consumer's check or other payment instrument and an agreement that such check or payment instrument shall be held for a deferment period prior to presentment, deposit, or redemption. If the Consumer Financial Protection Bureau (CFPB) determines that a state has in effect a law that provides for the licensing of deferred presentment providers and the regulation of deferred presentment transactions, and that meets the requirements specified by this Act, any CFPB regulations concerning such transactions and providers shall not apply in such state. Such a state law must: require a provider to be licensed by the state; establish a transaction database; require a provider to verify through such database that a consumer entering into such a transaction does not have an outstanding transaction; require a provider to report immediately to such database information about each transaction entered into and each transaction paid or settled; require that a transaction agreement be in writing and allow the consumer to rescind the agreement within the first 24 hours; require a transaction agreement to limit the interest and fees to no more that 10% of the transaction amount, the processing fee to $5, the transaction amount to $500, and the duration of the transaction to no less than 7 days and no more than 31 days; and allow a 60-day grace period after the contractual repayment date for a consumer to repay the amount due, subject to early termination if a consumer fails to complete a course with a consumer credit counseling agency. The bill makes these changes effective 24 months after enactment and prohibits the CFPB from establishing or enforcing any regulation governing deferred presentment transactions or payday loans during such period. | Consumer Protection and Choice Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Iran From Smuggling Weapons to
Terrorists Act''.
SEC. 2. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE
MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN
COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR
MEDITERRANEAN SEA.
(a) Purpose.--The purpose of this section is to authorize
assistance and training to increase maritime security and domain
awareness of foreign countries bordering the Persian Gulf, the Arabian
Sea, or the Mediterranean Sea in order to deter and counter illicit
smuggling and related maritime activity by Iran, including illicit
Iranian weapons shipments.
(b) Authority.--
(1) In general.--To carry out the purpose of this section
as described in subsection (a), the Secretary of Defense, with
the concurrence of the Secretary of State, is authorized--
(A) to provide training to the national military or
other security forces of Israel, Bahrain, Saudi Arabia,
the United Arab Emirates, Oman, Kuwait, and Qatar that
have among their functional responsibilities maritime
security missions; and
(B) to provide training to ministry, agency, and
headquarters level organizations for such forces.
(2) Designation.--The provision of assistance and training
under this section may be referred to as the ``Counter Iran
Maritime Initiative''.
(c) Types of Training.--
(1) Authorized elements of training.--Training provided
under subsection (b)(1)(A) may include the provision of de
minimis equipment, supplies, and small-scale military
construction.
(2) Required elements of training.--Training provided under
subsection (b) shall include elements that promote the
following:
(A) Observance of and respect for human rights and
fundamental freedoms.
(B) Respect for legitimate civilian authority
within the country to which the assistance is provided.
(d) Availability of Funds.--Of the amount authorized to be
appropriated for fiscal year 2018 and available for operation and
maintenance for Defense-wide activities, $50,000,000 shall be available
only for the provision of assistance and training under subsection (b).
(e) Cost Sharing.--
(1) Sense of congress.--It is the sense of Congress that,
given income parity among recipient countries, the Secretary of
Defense, with the concurrence of the Secretary of State, should
seek, through appropriate bilateral and multilateral
arrangements, payments sufficient in amount to offset any
training costs associated with implementation of subsection
(b).
(2) Cost-sharing agreement.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall negotiate a
cost-sharing agreement with a recipient country regarding the
cost of any training provided pursuant to subsection (b). The
agreement shall set forth the terms of cost sharing that the
Secretary of Defense determines are necessary and appropriate,
but such terms shall not be less than 50 percent of the overall
cost of the training.
(3) Credit to appropriations.--The portion of such cost
sharing received by the Secretary of Defense pursuant to this
subsection may be credited towards appropriations available for
operation and maintenance for Defense-wide activities.
(f) Notice to Congress on Training.--Not later than 15 days before
exercising the authority under subsection (b) with respect to a
recipient country, the Secretary of Defense shall submit to the
appropriate congressional committees a notification containing the
following:
(1) An identification of the recipient country.
(2) A detailed justification of the program for the
provision of the training concerned, and its relationship to
United States security interests.
(3) The budget for the program, including a timetable of
planned expenditures of funds to implement the program, an
implementation timeline for the program with milestones
(including anticipated delivery schedules for any assistance
and training under the program), the military department or
component responsible for management of the program, and the
anticipated completion date for the program.
(4) A description of the arrangements, if any, to support
recipient country sustainment of any capability developed
pursuant to the program, and the source of funds to support
sustainment efforts and performance outcomes to be achieved
under the program beyond its completion date, if applicable.
(5) A description of the program objectives and an
assessment framework to be used to develop capability and
performance metrics associated with operational outcomes for
the recipient force.
(6) Such other matters as the Secretary considers
appropriate.
(g) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(h) Termination.--Assistance and training may not be provided under
this section after September 30, 2021. | Stop Iran From Smuggling Weapons to Terrorists Act This bill authorizes the Department of Defense (DOD) to provide training to: (1) the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and (2) ministry, agency, and headquarters level organizations for such forces. Such assistance and training may be referred to as the Counter Iran Maritime Initiative. Such training: (1) may include the provision of de minimis equipment, supplies, and small-scale military construction; and (2) shall include the promotion of human rights and respect for legitimate civilian authority. It is the sense of Congress that DOD should seek payments from such countries to offset training costs. DOD shall negotiate a training cost-sharing agreement with a recipient country that covers at least 50% of related costs. | Stop Iran From Smuggling Weapons to Terrorists Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Trade Center Zone Tax
Incentive Act''.
SEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE
CENTER AREA.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 (relating to New York Liberty Zone benefits) is amended by
adding at the end the following new section:
``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN
CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW
YORK LIBERTY ZONE.
``(a) General Rule.--If there is a qualified headquarters
relocation of an eligible foreign corporation, any qualified
headquarters activities of the corporation conducted in the New York
Liberty Zone shall be treated as conducted outside the United States
for purposes of determining--
``(1) the amount of any tax imposed by this chapter, or the
amount of withholding tax under chapter 3, on the corporation,
or
``(2) whether the corporation has a permanent establishment
within the United States for purposes of any applicable income
tax treaty between the United States and any foreign country.
``(b) Qualified Headquarters Relocation.--For purposes of this
section--
``(1) In general.--The term `qualified headquarters
relocation' means any relocation of an eligible foreign
corporation's qualified headquarters activities to the New York
Liberty Zone but only if the corporation with respect to such
relocation--
``(A) before September 11, 2007, enters into a
contract--
``(i) under which the corporation agrees to
acquire, lease, sublease, or otherwise occupy
office space located in the New York Liberty
Zone for use in the conduct of the activities
to be relocated, and
``(ii) which requires a substantial
financial commitment or provides a substantial
cancellation penalty, and
``(B) before September 11, 2009--
``(i) transfers to the New York Liberty
Zone qualified headquarters activities meeting
the requirements of paragraph (2), and
``(ii) locates employees in the New York
Liberty Zone in accordance with the
requirements of paragraph (3).
``(2) Transfer of qualified headquarters activities.--The
requirements of this paragraph are met if the transfer of
qualified headquarters activities includes at least the
transfer of a substantial part of the following activities
which the eligible foreign corporation was performing for
members of its expanded affiliated group immediately before the
requirement of paragraph (1)(A) is met:
``(A) The activities described in clause (ii) of
subsection (c)(2)(A).
``(B) High-level activities described in clause
(iii) of subsection (c)(2)(A).
``(C) The activities described in clause (iv) of
subsection (c)(2)(A).
``(3) Transfer of employees.--
``(A) In general.--The requirements of this
paragraph are met if the eligible foreign corporation
locates in the New York Liberty Zone a number of
employees equal to or greater than the lesser of--
``(i) 200 employees, or
``(ii) the greater of--
``(I) 10 percent of the employees
of the corporation and the members of
its expanded affiliated group for which
the corporation performs headquarters
activities (as of the date the
requirements of paragraph (1)(B) are
first met), or
``(II) 50 employees.
``(B) High-level employees.--The requirements of
this paragraph shall be treated as met only if the
eligible foreign corporation locates in the New York
Liberty Zone at least--
``(i) 50 percent of the senior officers of
the corporation, and
``(ii) 50 percent of the senior business
development personnel of the corporation.
``(C) Current united states employees not
counted.--For purposes of determining whether the
requirements of this paragraph are first met, and
continue to be met during the 2-year period after the
date on which the requirements are first met, there
shall not be taken into account any individual who was
an employee of the eligible foreign corporation or any
member of its expanded affiliated group who was located
in the United States at any time during the 1-year
period ending on the later of--
``(i) the date the requirements of
subsection (b)(1)(B) are first met, or
``(ii) the date the employee is first
located in the New York Liberty Zone.
Any period during which an individual was located in
the New York Liberty Zone solely as part of a qualified
headquarters relocation shall not be taken into account
for purposes of the preceding sentence.
``(D) Located.--An employee shall be treated as
located in the New York Liberty Zone or the United
States for any period if the services performed by the
employee during the period are performed primarily in
the New York Liberty Zone or the United States,
respectively.
``(c) Eligible Foreign Corporation; Qualified Headquarters
Activities.--For purposes of this section--
``(1) Eligible foreign corporation.--The term `eligible
foreign corporation' means a foreign corporation which--
``(A) performs qualified headquarters activities
for 1 or more members of an expanded affiliated group
including such corporation, and
``(B) agrees to furnish to the Secretary (at such
time and in such manner as the Secretary may prescribe)
such information as the Secretary may require to carry
out this section, including the gross revenue of the
corporation derived from qualified headquarters
activities.
``(2) Qualified headquarters activities.--
``(A) In general.--The term `qualified headquarters
activities' means, with respect to any eligible foreign
corporation--
``(i) the ownership and management of any
member of the expanded affiliated group of
which it is a member,
``(ii) the conduct of any treasury function
of a member of the expanded affiliated group of
which it is a member, including the borrowing
of funds, financing of members of the group and
related entities, and investment of excess
corporate funds, but not including the taking
of deposits from, or the making of loans to,
the public,
``(iii) marketing and branding functions,
``(iv) senior business management and
development, and
``(v) any other activity incidental to any
activity described in clauses (i) through (iv).
``(B) Certain activities previously conducted in
united states not included.--
``(i) In general.--Such term shall not
include any activity which the eligible foreign
corporation or any member of its expanded
affiliated group engaged in through an office
or fixed place of business in the United States
at any time during the 3-year period ending on
the date the requirements of subsection
(b)(1)(B) are first met.
``(ii) Exception for relocation
activities.--The conduct of any activity as
part of a qualified headquarters relocation
shall not be taken into account in determining
whether clause (i) applies to the activity.
``(iii) Exclusion ceases to apply if
activity not conducted in united states for 5
years.--
``(I) In general.--Clause (i) shall
not apply to any activity conducted in
the New York Liberty Zone during the
taxable year described in subclause
(II) or any succeeding taxable year.
``(II) Applicable taxable year.--A
taxable year is described in this
subclause with respect to any activity
if such year is the first taxable year
in which ends a consecutive 5-year
period which begins after the date the
requirements of subsection (b)(1)(B)
are first met and during which the
eligible foreign corporation or any
member of its expanded affiliated group
did not engage in such activity through
an office or fixed place of business
within the United States.
``(iv) Special rules for acquired
entities.--
``(I) In general.--If an acquired
entity engaged in an activity described
in subparagraph (A) through an office
or fixed place of business in the
United States (other than an activity
which was a qualified headquarters
activity of the acquired entity for
purposes of subsection (a)) at any time
during the 1-year period preceding the
first date on which the acquired entity
became a member of the expanded
affiliated group of the eligible
foreign corporation, such activity
shall be treated as an activity engaged
in by the eligible foreign corporation
on the day preceding the first day the
requirements of subsection (b)(1)(B)
are met.
``(II) Activities not conducted in
united states for 5 years.--If
subclause (I) applies to an activity,
clause (iii) shall be applied to the
activity by substituting the date the
acquired entity became a member of the
expanded affiliated group of the
eligible foreign corporation for the
first day the requirements of
subsection (b)(1)(B) are met.
``(III) Acquired entity.--The term
`acquired entity' means any corporation
or partnership which became a member of
the eligible foreign corporation's
expanded affiliated group after the
first date the requirements of subsection (b)(1)(B) are met.
``(v) Predecessor entities.--For purposes
of this subparagraph, any activity conducted by
a predecessor or related person with respect to
a member of an expanded affiliated group shall
be treated as conducted by the member.
``(d) Termination and Recapture of Tax Benefits.--
``(1) In general.--This section shall not apply to any
qualified headquarters activities of an eligible foreign
corporation for any taxable year if the corporation at any time
during the taxable year or any preceding taxable year fails
to--
``(A) conduct the qualified headquarters activities
described in subsection (b)(2), or
``(B) meet the requirements of subsection (b)(3).
The Secretary may waive the application of this paragraph in
the case of a de minimis or inadvertent failure which is
corrected within a reasonable period of time after discovery.
``(2) Recapture of tax on certain eligible foreign
corporations.--
``(A) In general.--In addition to any tax imposed
by this chapter for the first taxable year during which
this section does not apply to an eligible foreign
corporation by reason of paragraph (1), there is hereby
imposed on the eligible foreign corporation a tax equal
to the recapture amount described in subparagraph (B).
``(B) Recapture amount.--
``(i) In general.--The recapture amount
described in this subparagraph shall be the sum
of the amounts determined for each of the 4
taxable years preceding the first taxable year
to which this section does not apply by reason
of paragraph (1) by multiplying the qualified
tax benefits for each such year by the
following recapture percentage:
``In the case of-- The recapture percentage is--
The immediately preceding taxable year........ 80%
The second preceding taxable year............. 60%
The third preceding taxable year.............. 40%
The fourth preceding taxable year............. 20%.
``(ii) Qualified tax benefits.--For
purposes of this subparagraph, the term
`qualified tax benefits' means, with respect to
any taxable year described in clause (i), an
amount equal to the excess (if any) of--
``(I) the amount of the tax
liability which a foreign corporation
would have had for the taxable year
under this chapter and chapter 3 if
this section had not applied, over
``(II) the amount of such tax
liability for such corporation for such
taxable year without regard to this
paragraph.
``(C) Interest.--
``(i) In general.--In addition to the tax
imposed by subparagraph (A), an eligible
foreign corporation shall pay interest on the
recapture amount.
``(ii) Calculation of interest.--The amount
of interest under clause (i) shall be
determined--
``(I) at the underpayment rate
specified in section 6621,
``(II) separately for each taxable
year, and
``(III) for the period beginning on
the due date for the tax return of the
corporation for such taxable year
(without regard to extensions) and
ending on the due date for the tax
return of the corporation for the first
taxable year to which this section
ceases to apply.
``(e) Expanded Affiliated Group.--For purposes of this section--
``(1) In general.--The term `expanded affiliated group'
means an affiliated group as defined in section 1504(a) but
without regard to paragraphs (2) and (3) of section 1504(b),
except that section 1504(a) shall be applied by substituting
`50 percent' for `80 percent' each place it appears.
``(2) Partnerships.--Such term includes any partnership in
which the eligible foreign corporation or its expanded
affiliated group owns directly or indirectly more than 50
percent of the capital or profit interests.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations--
``(1) which exclude from qualified headquarters activities
any activities of a type not ordinarily performed by a
corporation performing headquarters activities,
``(2) to apply this section in the case of eligible foreign
corporations that conduct activities in the United States other
than qualified headquarters activities, and
``(3) which prevent qualified foreign corporations from
expanding the benefits available by reason of this paragraph
through intercompany transactions.''
(b) Conforming Amendment.--The table of sections for subchapter Y
of chapter 1 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Sec. 1400M. No additional corporate income taxes on foreign
corporations relocating headquarters
operations to New York Liberty Zone.'' | World Trade Center Zone Tax Incentive Act - Amends the Internal Revenue Code to state that if there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining: (1) the amount of any tax or withholding tax; or (2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country.Sets forth "qualified headquarters relocation" criteria with respect to transfers of employees and headquarters activities.Provides for termination and recapture of tax benefits for failure to meet such requirements.Defines "expanded affiliated group" for purposes of this Act. | A bill to amend the Internal Revenue Code of 1986 to attract foreign corporations to relocate to the area in New York City surrounding the former World Trade Center. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``So No Innocent Person Ever Repeats
the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''.
SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS.
(a) Inspections.--Section 923(g)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B)(ii)(I), by striking ``once'' and
inserting ``4 times'';
(2) in subparagraph (C)(i), by striking ``once'' and
inserting ``4 times'';
(3) by redesignating subparagraph (D) as subparagraph (E);
and
(4) by inserting after subparagraph (C), the following:
``(D) If a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector is
found in violation of this chapter, or the related
regulations, the Attorney General shall inspect or
examine the inventory and records of such violator not
less than once each year during the 3 years following
such violation.''.
(b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first
sentence by striking ``firearms at his'' and inserting ``firearms and
ammunition, except on .22 caliber rimfire ammunition, at such
licensee's''.
(c) Penalty Enhancement.--Section 924(a)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) willfully violates section 923(g); or''.
SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS.
(a) Suspensions.--Section 924 of title 18, United States Code, as
amended by section 2(c), is further amended by adding at the end the
following:
``(q) A licensed importer, manufacturer, dealer, or collector who
violates any provision of this chapter, or the related regulations, may
be subject to--
``(1) the revocation of any applicable license;
``(2) the suspension of any applicable license; or
``(3) a fine under this title.''.
(b) Warning Letters; Notices; Fines.--Section 923(g) of title 18,
United States Code, is amended by adding at the end the following:
``(8) If an inspection under paragraph (1) reveals that a licensee
has violated any provision of this chapter, or the related regulations,
the Attorney General shall--
``(A) issue a warning letter to the alleged violator, and
maintain a copy of such letter, along with any written report
prepared by the inspector--
``(i) in the files of the appropriate Director of
Industry Operations; and
``(ii) at the headquarters of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives;
``(B) issue a notice of revocation of the license and
conduct the appropriate proceedings; or
``(C) issue a notice of revocation, suspension, or
imposition of a civil fine, and conduct the appropriate
proceedings.''.
(c) Timeliness of Enforcement Actions.--The Attorney General shall,
by regulation, require the Director of Industry Operations of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final
decision within 120 days from the date on which a notice of revocation,
suspension, or imposition of a civil fine is mailed to a licensee (as
that term is defined in section 103(j)(1) of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note).
(d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of
title 18, United States Code, is amended by striking the period at the
end of the first sentence and inserting ``, and shall not postpone the
effective date of such decision unless so ordered by a United States
district court judge or magistrate who has jurisdiction over the
matter.''.
(e) Enforcement Action not Dependent Upon Criminal Conviction.--
Section 923(f) of title 18, United States Code, is amended by striking
paragraph (4).
SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS.
Section 922(b)(3) of title 18, United States Code, is amended by
striking ``(A) shall not apply'' and all that follows through ``and
(B)''.
SEC. 5. BALLISTICS TESTING OF FIREARMS.
(a) Short Title.--This section may be cited as the ``Technological
Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''.
(b) Purposes.--The purposes of this section are--
(1) to increase public safety by assisting law enforcement
in solving more gun-related crimes and offering prosecutors
evidence to link felons to gun crimes through ballistics
technology;
(2) to provide for ballistics testing of all new firearms
for sale to assist in the identification of firearms used in
crimes;
(3) to require ballistics testing of all firearms in
custody of Federal agencies to assist in the identification of
firearms used in crimes; and
(4) to add ballistics testing to existing firearms
enforcement programs.
(c) Definition of Ballistics.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
``(36) Ballistics.--The term `ballistics' means a comparative
analysis of fired bullets and cartridge casings to identify the firearm
from which bullets and cartridge casings were discharged, through
identification of the unique markings that each firearm imprints on
bullets and cartridge casings.''.
(d) Test Firing and Automated Storage of Ballistics Records.--
(1) Amendment.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m)(1) In addition to the other licensing requirements under this
section, a licensed manufacturer or licensed importer shall--
``(A) test fire firearms manufactured or imported by such
licensees as specified by the Attorney General by regulation;
``(B) prepare ballistics images of the fired bullet and
cartridge casings from the test fire;
``(C) make the records available to the Attorney General
for entry into the electronic database established under
paragraph (3)(B); and
``(D) store the fired bullet and cartridge casings in such
a manner and for such a period as specified by the Attorney
General by regulation.
``(2) Nothing in this subsection creates a cause of action against
any Federal firearms licensee or any other person for any civil
liability except for imposition of a civil penalty under this section.
``(3)(A) The Attorney General shall assist firearm manufacturers
and importers in complying with paragraph (1) by--
``(i) acquiring, installing, and upgrading ballistics
equipment and bullet and cartridge casing recovery equipment to
be placed at locations readily accessible to licensed
manufacturers and importers;
``(ii) hiring or designating sufficient personnel to
develop and maintain a database of ballistics images of fired
bullets and cartridge casings, research, and evaluation;
``(iii) providing education about the role of ballistics as
part of a comprehensive firearm crime reduction strategy;
``(iv) providing for the coordination among Federal, State,
and local law enforcement and regulatory agencies and the
firearm industry to curb firearm-related crime and illegal
firearm trafficking; and
``(v) taking other necessary steps to make ballistics
testing effective.
``(B) The Attorney General shall--
``(i) establish an electronic database--
``(I) through which State and local law enforcement
agencies can promptly access the ballistics records
stored under this subsection, as soon as such
capability is available; and
``(II) that shall not include any identifying
information regarding dealers, collectors, or
purchasers of firearms; and
``(ii) require training for all ballistics examiners.
``(4) The Attorney General shall conduct mandatory ballistics
testing of all firearms obtained or in the possession of their
respective agencies.
``(5) Not later than 3 years after the date of enactment of this
subsection, and annually thereafter, the Attorney General shall submit
to the Committees on the Judiciary of the Senate and the House of
Representatives a report regarding the implementation of this section,
including--
``(A) the number of Federal and State criminal
investigations, arrests, indictments, and prosecutions of all
cases in which access to ballistics records, provided under the
system established under this section and under similar systems
operated by any State, served as a valuable investigative tool
in the prosecution of gun crimes;
``(B) the extent to which ballistics records are accessible
across jurisdictions; and
``(C) a statistical evaluation of the test programs
conducted pursuant to paragraph (4).
``(6) There are authorized to be appropriated to the Department of
Justice $20,000,000 for each of the fiscal years 2005 through 2008 to
carry out this subsection, to be used to--
``(A) install ballistics equipment and bullet and cartridge
casing recovery equipment;
``(B) establish sites for ballistics testing;
``(C) pay salaries and expenses of necessary personnel; and
``(D) conduct related research and evaluation.''.
(2) Effective date.--
(A) In general.--Except as provided in
subparagraphs (A) and (B), the amendment made by
paragraph (1) shall take effect on the date on which
the Attorney General, in consultation with the Board of
the National Integrated Ballistics Information Network,
certifies that the ballistics system used by the
Department of Justice is sufficiently developed to
support mandatory ballistics testing of new firearms.
(B) Ballistics testing.--Section 923(m)(1) of title
18, United States Code, as added by paragraph (1),
shall take effect 2 years after the date of enactment
of this Act.
(C) Effective on date of enactment.--Section
923(m)(4) of title 18, United States Code, as added by
paragraph (1), shall take effect on the date of
enactment of this Act.
(e) Privacy Rights of Law Abiding Citizens.--Ballistics information
of individual guns in any form or database established by this section
may not be used for prosecutorial purposes unless law enforcement
officials have a reasonable belief that a crime has been committed and
that ballistics information would assist in the investigation of that
crime.
SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES.
(a) Gun Crime Task Forces.--
(1) In general.--The Attorney General shall establish,
within each field division of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, a group of inspectors, agents, and
support personnel to be known as the ``gun crime task force''.
(2) Purpose.--The gun crime task forces established
pursuant to paragraph (1) shall investigate, and assist in the
regulation of, and if appropriate, the prosecution of,
licensees (as that term is defined in section 103(j)(1) of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and
unlicensed dealers, who are suspected of violating chapter 44
or 96 of title 18, United States Code.
(b) Authorization of Appropriations.--
(1) Gun crime task forces.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2005
through 2008 to carry out the provisions of subsection (a).
(2) Industry operations.--There are authorized to be
appropriated $25,000,000 for each of the fiscal years 2005
through 2008 to employ additional inspectors, regulators, and
employees in the Industry Operations field divisions of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives. | So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition.
Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate.
Repeals an exemption from Brady Act requirements involving gun sales to instate residents.
Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified.
Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force. | A bill to amend title 18 of the United States Code, to enhance the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the compliance of gun dealers with Federal firearms laws, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Compensation Reform Act
of 2010''.
SEC. 2. EXECUTIVE COMPENSATION PAID BY SYSTEMICALLY SIGNIFICANT
FINANCIAL INSTITUTIONS.
(a) In General.--Subsection (m) of section 162 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Special rule for application to systemically
significant financial institutions.--
``(A) In general.--In the case of an employer which
is a systemically significant financial institution,
this subsection shall apply with the following
modifications:
``(i) Non-public entities.--Paragraph (1)
shall be applied by substituting `employer' for
`publicly held corporation'.
``(ii) Covered employees.--Paragraph (3)
shall be applied--
``(I) by substituting `such
employee is among the 25 highest
compensated employees' for so much of
subparagraph (B) as precedes `for the
taxable year (other than the chief
executive officer).', and
``(II) in addition to the
individuals described in such paragraph
(including the individuals described in
subclause (I) of this clause), by
treating any employee whose actions
have a material impact on the risk
exposure of the taxpayer as a covered
employee.
Any employee whose applicable employee
remuneration for the taxable year exceeds
$1,000,000 is presumed to engage in actions
which have a material impact on the risk
exposure of the taxpayer unless the taxpayer
submits an information return to the Secretary
which describes the role and responsibilities
of such employee and the reason such employee
should not be considered to have a material
impact on the risk exposure of the taxpayer.
Such return shall be deemed to have been
approved unless the Secretary notifies the
taxpayer in writing within 90 days of the
submission of such return. For purposes of this
clause, the term `employee' includes employees
within the meaning of section 401(c)(1).
``(iii) Remuneration payable on commission
basis.--Subparagraph (B) of paragraph (4) shall
not apply.
``(iv) Deferred deduction executive
remuneration.--In the case of any deferred
deduction executive remuneration (as determined
under rules similar to the rules of paragraph
(5)(F), if executive remuneration for purposes
of such paragraph included remuneration of
covered employees as defined in clause (ii) of
this paragraph, and if the year in which the
applicable services were performed were treated
as an applicable taxable year), rules similar
to the rules of paragraph (5)(A)(ii) shall
apply by substituting `$1,000,000' for
`$500,000'.
``(B) Systemically significant financial
institution.--
``(i) In general.--For purposes of this
paragraph, the term `systemically significant
financial institution' means an entity which
engages primarily in activities which are
financial in nature (as determined under
section 4(k) of the Bank Holding Company Act of
1956), and which--
``(I) owns or controls assets
greater than $25,000,000,000, or
``(II) owns or controls assets
greater than $10,000,000,000 and
maintains a ratio of debt to equity
which is greater than 20 to 1.
``(ii) Classification.--A taxpayer which is
a systemically significant financial
institution for any taxable year shall be a
systemically significant financial institution
for purposes of all subsequent taxable years.
``(C) Special rules for performance-based
compensation.--Remuneration payable solely on account
of the attainment of one or more performance goals
(hereinafter `performance-based remuneration') which is
paid by any systemically significant financial
institution to any covered employee (as determined
under subparagraph (A)(ii)) shall not be excluded under
subparagraph (C) of paragraph (4) from treatment as
applicable employee remuneration unless the following
requirements are met:
``(i) Performance-based compensation
pool.--The amount and allocation of the
taxpayer's performance-based remuneration for
covered employees are determined by the
compensation committee required under paragraph
(4)(C)(i) by taking into account--
``(I) the cost and quantity of
capital required to support the risks
taken by the taxpayer in the conduct of
the financial activities of the
taxpayer,
``(II) the cost and quantity of the
liquidity risk assumed by the taxpayer
in the conduct of such activities, and
``(III) the timing and likelihood
of potential future revenues from such
activities.
``(ii) Material terms.--The material terms
of performance-based remuneration paid to
covered employees specify that--
``(I) not less than 50 percent of
such remuneration must vest no earlier
than 5 years after the date of payment,
``(II) the proportion of such
remuneration payable under vesting
arrangements must increase based on the
level of seniority or responsibility of
the employee,
``(III) such remuneration payable
under vesting arrangements must vest on
a basis no faster than pro rata over
the specified number of years of such
arrangement (not to be less than 5),
``(IV) such remuneration is
contingent on a formal agreement
between the taxpayer and the employee
which forbids the use of personal
hedging strategies, remuneration-
related insurance, or liability-related
insurance which undermines the risk
alignment effects of this paragraph,
``(V) in the case of an employer
which is a publicly held corporation,
not less than 50 percent of such
remuneration must be in the form of
stock in the employer, and
``(VI) in the case of remuneration
paid to a chief executive officer or
chief financial officer (if such chief
financial officer is a covered
employee) of a publicly held
corporation, such remuneration must be
subject to substantial forfeiture
requirements in the event the taxpayer
is required to prepare an accounting
restatement due to material
noncompliance, as a result of
misconduct, with any financial
reporting requirement under Federal
securities laws.
For purposes of this clause, the date on which
remuneration is deemed to have vested is the
first date on which such remuneration is not
subject to a substantial risk of forfeiture
(within the meaning of section 409A(d)(4)).
``(D) Special rule for performance-based
compensation paid by non-public entities.--In the case
of a systemically significant financial institution
which is not a publicly held corporation, in addition
to the requirements of subparagraph (C), paragraph
(4)(C) shall be applied by substituting the following
for clauses (i) through (iii) thereof:
``(i) the taxpayer commissions an annual,
external review of its compensation policies
and practices, including an examination and
analysis of the taxpayer's compliance with the
requirements of this subsection, and
``(ii) the taxpayer obtains certification
from an unrelated third party commissioned to
evaluated compensation practices that
performance goals and other material terms
under which the remuneration is to be paid are
satisfied before any payment of such
remuneration is made.'.
For purposes of the preceding sentence, all persons
treated as a single employer under subsection (a) or
(b) of section 52 or subsection (b) or (c) of section
414 shall be treated as related taxpayers.
``(E) Coordination with rules for employers
participating in the troubled assets relief program.--
In the case of any systemically significant financial
institution to which paragraph (5) applies for any
taxable year, this paragraph shall not apply to any
payment of remuneration to which such paragraph
applies.
``(F) Regulatory authority.--Not later than 180
days after the date of the enactment of this paragraph,
the Secretary shall prescribe such guidance, rules, or
regulations of general applicability as are necessary
to carry out the purposes of this paragraph,
including--
``(i) the method for valuing assets for
purposes of subparagraph (B)(i),
``(ii) the method for calculating the ratio
described in subparagraph (B)(i)(II),
``(iii) criteria for use in determining
whether the actions of an employee have a
material impact on the risk exposure of the
taxpayer, and for determining what constitutes
a substantial forfeiture requirement with
respect to executive remuneration,
``(iv) criteria for determining whether a
remuneration agreement constitutes a hedging
strategy, and
``(v) anti-abuse rules to prevent the
avoidance of the purposes of this paragraph,
including by use of independent contractors.
``(G) Application of paragraph.--This paragraph
shall apply--
``(i) in the case of an entity which is a
systemically significant financial institution
in calendar 2010, to remuneration for services
performed in calendar years beginning after
2010, and
``(ii) in the case of an entity which
becomes a systemically significant financial
institution in a calender year after 2010, to
remuneration for services performed in calendar
years beginning with the second calendar year
after the year in which such entity first
becomes a systemically significant financial
institution.''.
(b) Conforming Amendment.--Subparagraph (G) of section 162(m)(5) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following: ``Paragraph (6) shall not apply to any payment of
remuneration to which this paragraph applies.''.
(c) Report on Performance-Based Compensation Paid by Publicly Held
Corporations.--
(1) In general.--Each systemically significant financial
institution which is a publicly held corporation shall submit
to the Chairman of the Securities and Exchange Commission, and
shall make publicly available, an annual report on compensation
policies and practices which describes--
(A) the process used to develop and modify such
institution's compensation policies, including the
composition and the mandate of such institution's
compensation committee,
(B) the actions taken by such institution to comply
with section 162(m)(6) of the Internal Revenue Code of
1986,
(C) any additional actions taken to implement the
Principles for Sound Compensation Practices adopted by
the Financial Stability Board established by the G-20
Finance Ministers and Central Bank Governors,
(D) the most important design characteristics of
such institution's compensation policies, including
criteria used for performance measurement and risk
adjustment, the linkage between pay and performance,
vesting policy and criteria, and the parameters used
for allocating cash versus other forms of remuneration,
(E) aggregate quantitative information on
remuneration paid by such institution, differentiating
between remuneration paid to senior executive officers
and to employees whose actions have a material impact
on the risk exposure of such institution, which
indicates the amounts of remuneration for the financial
year (divided into fixed and variable remuneration) and
the number of employees to which such remuneration was
paid, and
(F) the amount of remuneration paid by such
institution during the financial year preceding the
year of the report which was nondeductible by reason of
section 162(m) of such Code.
(2) Timing of report.--The report required under paragraph
(1) shall be submitted beginning in calendar year 2011 (or, if
later, the calendar year after the year in which an entity
first becomes a systemically significant financial institution
which is a publicly held corporation), at such time during such
year and each subsequent year as the Chairman of the Securities
and Exchange Commission shall specify.
(3) Definitions.--Any term used in this subsection which is
also used in section 162(m)(6) of the Internal Revenue Code of
1986 shall have the same meaning as when used in such section.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to remuneration for services performed after December 31,
2010. | Wall Street Compensation Reform Act of 2010 - Amends the Internal Revenue Code to restrict the tax deduction for compensation paid to highly-paid employees of systemically significant financial institutions. Requires such compensation to be performance-based, to vest no earlier than five years after the date of payment, and to consist of 50% employer stock. Prohibits such highly-paid employees from using personal hedging strategies and remuneration or liability-related insurance and requires forfeiture of compensation paid to a chief executive or financial officer of such an institution if an accounting restatement is required due to material noncompliance, as a result of misconduct, with any federal financial reporting requirement.
Defines a "systemically significant financial institution" as an entity which engages primarily in financial activities (as determined under the Bank Holding Company Act of 1956) and which: (1) owns or controls assets greater than $25 billion; or (2) owns or controls assets greater than $10 billion and maintains a ratio of debt to equity greater than 20 to 1.
Requires each systemically significant financial institution which is a publicly held corporation to make an annual report on its compensation policies and practices to the Securities and Exchange Commission (SEC) and make such report publicly available. | A bill to amend the Internal Revenue Code of 1986 to limit certain executive compensation paid by systemically significant financial institutions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Merger Reform and Customer
Protection Act''.
SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW.
Section 11324(c) of title 49, United States Code, is amended by
striking ``public interest. The Board'' and inserting ``public
interest, except that no transaction shall be approved and authorized
under this section unless the Board finds that the transaction--
``(1) will increase competition among rail carriers;
``(2) will not reduce transportation alternatives available
to current railroad customers;
``(3) will provide additional transportation alternative
options for railroad customers;
``(4) will improve service to customers; and
``(5) is in conformity with the antitrust laws.
The Board shall consult with the Attorney General, and may not make a
finding under paragraph (5) unless the Attorney General agrees with the
finding. The Board''.
SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION.
(a) Amendments.--Section 10501(b) of title 49, United States Code,
is amended--
(1) by inserting ``, except that rail carriers and rail
transportation subject to the jurisdiction of the Board shall
also be subject to the antitrust laws. Application of the
antitrust laws pursuant to the previous sentence shall not
limit or affect the availability of remedies under this part''
after ``is exclusive''; and
(2) by inserting ``other than the antitrust laws'' after
``Federal or State law''.
(b) Effect of Prior Orders.--Section 10501 of title 49, United
States Code, is further amended by adding at the end the following new
subsection:
``(d) All orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, and privileges--
``(1) which have been issued, made, granted, or allowed to
become effective by any agency or official thereof pursuant to
chapter 113, or any predecessor statutory provisions, or by a
court of competent jurisdiction; and
``(2) which are in effect as of the date of the enactment
of the Rail Merger Reform and Customer Protection Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked by the agency, official,
or court.''.
(c) Definition.--Section 10102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (10) as
paragraphs (2) through (11), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) `antitrust laws' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition;''.
SEC. 4. RATE AGREEMENTS.
(a) Amendments.--Section 10706 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``: exemption from
antitrust laws'';
(2) in subsection (a)(2)(A), by striking ``, and the
Sherman Act'' and all that follows through ``carrying out the
agreement'';
(3) in subsection (a)(3)(B)(ii), by striking ``a Federal
law cited in subsection (a)(2)(A) of this section'' and
inserting ``the antitrust laws'';
(4) by striking the second sentence of subsection (a)(4);
(5) in subsection (a)(5)(A), by striking ``, and the
antitrust laws'' and all that follows through ``carrying out
the agreement'';
(6) by striking the second sentence of subsection (d); and
(7) by striking subsection (e).
(b) Conforming Amendment.--The table of sections for chapter 107 of
title 49, United States Code, is amended by striking ``: exemption from
antitrust laws'' in the item relating to section 10706.
SEC. 5. SCOPE OF AUTHORITY.
Section 11321(a) of title 49, United States Code, is amended--
(1) by inserting ``, except that rail carriers and rail
transportation subject to the jurisdiction of the Board shall
also be subject to the antitrust laws'' after ``is exclusive'';
(2) by striking ``the antitrust laws and from''; and
(3) by inserting ``except for the antitrust laws,'' after
``and municipal law,''.
SEC. 6. ELECTION OF REMEDIES.
Section 11701 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) A person proceeding against a rail carrier pursuant to
subsection (b) may not proceed against the same rail carrier pursuant
to other Federal or State law, and a person proceeding against a rail
carrier under other Federal or State law may not proceed against a rail
carrier pursuant to subsection (b), with respect to the same claim.''.
SEC. 7. CLAYTON ACT AMENDMENTS.
The Clayton Act is amended--
(1) in section 7 (15 U.S.C. 18)--
(A) by striking ``Nor shall anything herein'' and
all that follows through ``therein is so acquired.'';
and
(B) by striking ``Surface Transportation Board,'';
(2) in section 11 (15 U.S.C. 21), by striking ``in the
Surface Transportation Board where applicable to common
carriers subject to jurisdiction under subtitle IV of title 49,
United States Code;''; and
(3) in section 16 (15 U.S.C. 26), by striking
``: Provided, That nothing'' and all that follows through
``title 49, United States Code''. | Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws.
Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act (thus subjecting such agreements to Federal antitrust laws). Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements.
Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa.
Amends the Clayton Act to conform with this Act. | Rail Merger Reform and Customer Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Savings Incentives Act
of 2005''.
SEC. 2. MODIFICATION OF CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 25C. NONBUSINESS ENERGY PROPERTY.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of--
``(1) $10 for each therm of certified natural gas savings
attributable to qualified energy efficiency expenditures made
during the taxable year, and
``(2) $0.65 for each kilowatt hour of certified electricity
savings attributable to qualified energy efficiency
expenditures made during the taxable year.
``(b) Lifetime Limitation.--The credit allowed under this section
with respect to any taxpayer for any taxable year shall not exceed the
excess (if any) of $5,000 over the aggregate credits allowed under this
section with respect to such taxpayer for all prior taxable years.
``(c) Qualified Energy Efficiency Expenditures.--For purposes of
this section--
``(1) In general.--The term `qualified energy efficiency
expenditures' means expenditures made by the taxpayer, after
consultation with a qualified individual described in
subsection (d)(2)(C), for the improvement of a dwelling unit of
the taxpayer located in the United States and used by the
taxpayer as the taxpayer's principal residence.
``(2) No double benefit for certain expenditures.--The term
`qualified energy efficiency expenditures' shall not include
any expenditure for which a deduction or credit is otherwise
allowed under this chapter.
``(3) Principal residence.--
``(A) In general.--The term `principal residence'
has the same meaning as when used in section 121,
except that--
``(i) no ownership requirement shall be
imposed, and
``(ii) the period for which a building is
treated as used as a principal residence shall
also include the 60-day period ending on the
1st day on which it would (but for this
subparagraph) first be treated as used as a
principal residence.
``(B) Manufactured housing.--The term `residence'
shall include a dwelling unit which is a manufactured
home conforming to Federal Manufactured Home
Construction and Safety Standards (24 C.F.R. 3280).
``(d) Certified Natural Gas Savings; Certified Electricity
Savings.--
``(1) In general.--
``(A) Certified natural gas savings.--The term
`certified natural gas savings' means, with respect to
any taxable year, the amount, measured in therms on an
average annual basis, which is equal to the excess of--
``(i) 85 percent of the amount of natural
gas which would be consumed with respect to the
dwelling unit of the taxpayer if the qualified
energy efficiency expenditures with respect to
such taxable year were not made, as certified
in accordance with paragraph (2), over
``(ii) the amount of such natural gas
consumption with respect to such dwelling unit
determined by taking into account the qualified
energy efficiency expenditures made during such
taxable year, as certified in accordance with
paragraph (2).
``(B) Certified electricity savings.--The term
`certified electricity savings' means, with respect to
any taxable year, the amount, measured in kilowatt
hours on an annual basis, which is equal to the excess
of--
``(i) 85 percent of the amount of
electricity which would be consumed with
respect to the dwelling unit of the taxpayer if
the qualified energy efficiency expenditures
with respect to such taxable year were not
made, as certified in accordance with paragraph
(2), over
``(ii) the amount of electricity
consumption with respect to such dwelling unit
determined by taking into account the qualified
energy efficiency expenditures made during such
taxable year, as certified in accordance with
paragraph (2).
``(2) Certification.--
``(A) In general.--The Secretary shall prescribe
the manner and method for the making of certifications
under this paragraph.
``(B) Procedures.--The Secretary shall include as
part of the certification process procedures for
inspection and testing by qualified individuals
described in subparagraph (C) to ensure compliance of
dwelling units with the requirements of this section.
Such procedures shall be similar to the requirements in
the Mortgage Industry National Accreditation Procedures
for Home Energy Rating Systems.
``(C) Qualified individuals.--Individuals qualified
to determine compliance shall be only those individuals
who are recognized by an organization certified by the
Secretary for such purposes.
``(e) Special Rules.--For purposes of this section, rules similar
to the rules under paragraphs (4), (5), (6), (7), (8), and (9) of
section 25D(e) shall apply.
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section with respect to any expenditure
with respect to any property, the increase in the basis of such
property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.
``(g) Termination.--This section shall not apply with respect to
any property placed in service after December 31, 2007.''.
(b) Conforming Amendment.--Section 1016(a)(34) is amended by
striking ``25C(e)'' and inserting ``section 25C(f)''.
(c) Effective Dates.--The amendments made by this section shall
apply to property placed in service after December 31, 2005. | Home Energy Savings Incentives Act of 2005 - Amends the Internal Revenue Code to revise the tax credit for nonbusiness energy property enacted by the Energy Policy Act of 2005 to allow an individual taxpayer a credit equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings attributable to energy efficiency improvements made to the taxpayer's principal residence. Limits the amount of such credit to $5,000, less credits received for all prior taxable years.
Requires the Secretary of the Treasury to prescribe the manner and method for making energy savings certifications for purposes of the tax credit.
Terminates the credit after December 31, 2007. | A bill to amend the Internal Revenue Code of 1986 to modify the credit for nonbusiness energy property so that the amount of the credit is determined based on the amount of energy savings achieved by the taxpayer. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Voting Restoration Act
of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Non-violent criminal offense.--The term ``non-violent
criminal offense'' means any offense that is not a crime of
violence (as defined in section 16 of title 18, United States
Code).
(5) Probation.--The term ``probation'' means probation or
parole supervision, imposed by a Federal, State, or local court
or parole board, with or without a condition on the individual
involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court or parole board; or
(D) supervision of the individual by an officer of
the court or parole board.
SEC. 3. RIGHTS OF CITIZENS.
(a) Right To Vote.--The right of an individual who is a citizen of
the United States to vote in any election for Federal office shall not
be denied or abridged because the individual has been convicted of a
non-violent criminal offense, unless, at the time of the election, the
individual--
(1) is serving a sentence in a correctional institution or
facility; or
(2) subject to subsection (b), is serving a term of
probation.
(b) Restoration of Voting Rights for Individuals on Probation.--An
individual who is serving a term of probation shall have the right to
vote restored in any election for Federal office--
(1) on the date on which the term of probation ends, if the
term of probation is less than 1 year; or
(2) on the date that is 1 year after the date on which the
individual begins serving the term of probation, if the term of
probation is 1 year or longer.
(c) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
SEC. 4. ATTORNEY GENERAL DESIGNATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall determine which criminal
offenses under Federal law and the laws of each State are non-violent
criminal offenses and establish a list of all such offenses.
(b) Requirements.--The list established under subsection (a) shall
be--
(1) made publically available, in a searchable format, on
the website of the Department of Justice; and
(2) updated no less frequently than every year.
SEC. 5. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 6. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a non-violent criminal offense under the law
of that State that the individual has, pursuant to this Act,
the right to vote in an election for Federal office and to
register to vote in any such election, subject to section 7(c).
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which the individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--On the date determined under paragraph
(2), the Director of the Bureau of Prisons shall notify in
writing any individual who has been convicted of a non-violent
criminal offense under Federal law that the individual has,
pursuant to this Act, the right to vote in an election for
Federal office and to register to vote in any such election,
subject to section 7(c).
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation by a court established by an Act of
Congress; or
(ii) is released from the custody of the
Bureau of Prisons (other than to the custody of
a State to serve a term of imprisonment for a
felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which the individual is sentenced
by a State court.
SEC. 7. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this Act.
(b) Certain Federal Acts.--The rights and remedies established by
this Act--
(1) are in addition to all other rights and remedies
provided by law; and
(2) shall not supersede, restrict, or limit the application
of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or
the National Voter Registration Act (42 U.S.C. 1973-gg).
(c) State Laws Relating to Voter Registration.--Nothing in this Act
shall be construed to preempt State laws relating to the timing of
voter registration for any election for Federal office.
SEC. 8. FEDERAL PRISON FUNDS.
(a) In General.--No State, unit of local government, or other
person may receive or use, to construct or otherwise improve a prison,
jail, or other place of incarceration, any Federal grant amounts unless
that person has in effect a program under which each individual
incarcerated in that person's jurisdiction is notified, upon release
from such incarceration, of that individual's rights under section 3.
(b) State Non-Compliance With Notification Requirements.--No State
may receive or use, to construct or otherwise improve a prison, jail,
or other place of incarceration, any Federal grant amounts unless the
State is in compliance with the notification requirements under section
6(a). | Civil Rights Voting Restoration Act of 2014 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual is serving a sentence in a correctional facility or a term of probation. Restores the right to vote of an individual on probation: (1) on the date the term of probation ends, if such term is less than one year; or (2) one year after the date the individual begins serving the term of probation, if such term is one year or longer. Directs the Attorney General to determine and establish a list of the criminal offenses under federal and state law that are non-violent criminal offenses. Provides for enforcement of, and remedies for violations of, this Act. Sets forth requirements for state and federal notification of individuals of their voting rights pursuant to this Act. Prohibits a state, local government, or other person from receiving or using federal grant amounts to construct or improve a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act. | Civil Rights Voting Restoration Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Art-in-Architecture Act of 1993''.
SEC. 2. PURPOSE.
Congress finds that Federal buildings, through the integration of
permanent works of art with architecture, should engage and represent
the diverse social, cultural, and historic characteristics of the
communities in which the Federal buildings are located and serve.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration or a
designee of the Administrator.
(2) Agency fine arts officer.--The term ``agency fine arts
officer'' means the General Services Administration official
with technical and professional agencywide oversight
responsibility for the fine arts programs of the agency.
(3) Artist.--The term ``artist'' means any individual,
partnership, corporation, association, or other entity that
creates a work of art.
(4) Work of art.--The term ``work of art'' includes a
painting, sculpture, work on paper, literary or poetic
inscription, large-scale crafts (such as mosaics, ceramics, and
tapestries), environmental art, or architectural art integrated
into a building. A work of art is one that exists only in a
single copy unless the Federal Government has given the artist
written permission to fabricate actual size reproductions.
(5) Federal building.--The term ``Federal building'' means
any public building, along with the grounds, approaches, and
appurtenances of the building, under the jurisdiction of the
Administrator, that attracts, or is expected to attract,
significant public use.
(6) Project.--The term ``project'' means an existing or new
building and site, including the art project, and all repair
and alteration construction relating to a building.
(7) Art project.--The term ``art project'' means the
commissioning of works of art by the Administrator.
(8) Art project funding.--The term ``art project funding''
means the total funds allocated to a project for commissioning
a work of art.
(9) Community representatives.--The term ``community
representatives'' includes art professionals or members of the
lay public invited or in attendance at art project meetings
held by the Administrator to solicit comments on a proposed art
project.
SEC. 4. COMMISSION AND CONTRACTS FOR WORKS OF ART.
(a) Art Funding for New Buildings.--
(1) In general.--Except as provided in subsection (b), not
less than \1/2\ of 1 percent of the funds made available for
new construction, building purchase, acquisition, or
prospectus-level repair and alteration projects shall be made
available for art projects for the building.
(2) Increase in amount.--The Administrator may increase the
percentage amount specified in paragraph (1) for a project
warranting more artwork, such as a building with exceptional
public space whose architectural character and scale would
accommodate and be significantly enhanced by large-scale, high-
quality artwork.
(3) Exception.--The Administrator may decrease the
percentage amount specified in paragraph (1), specifying
reasons for decreasing the amount, for a project warranting
less artwork such as--
(A) a building with little or no public use or
access; or
(B) a building with sufficient previously acquired
artwork.
(b) Planning.--The preliminary planning and design of each new
Federal building shall include planning for art commissions.
(c) Commissioning.--
(1) Authority.--The Administrator shall commission works of
art by living American artists to be placed in Federal
buildings.
(2) Amount of commission.--The commission award shall be
based on a fixed price.
(3) Selection.--In commissioning works of art, the
Administrator shall select artists based upon--
(A) the artistic merit of the previous work of the
artist;
(B) the estimated value of the proposed work of
art, and the scope, complexity, and professional nature
of the work of art;
(C) the artistic media;
(D) the social, cultural, and aesthetic judgments
of the local and regional community;
(E) the interest in giving expression to the
vitality and diversity of American life; and
(F) the professional review of the agency fine arts
officer.
(d) Procedures.--
(1) Establishment of procedures.--The Administrator shall
establish such procedures as are necessary to commission works
of art, with an emphasis on the participation of community
representatives.
(2) Failure to negotiate contract.--If the Administrator is
unable to negotiate a satisfactory contract with the selected
artist, negotiations shall be terminated. The Administrator
should undertake negotiations with alternate artists in order
of merit.
(3) Exemption from federal property and administrative
services act.--Commissioning of art under this Act shall not be
subject to title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.).
(4) Publicity.--The Administrator shall publicize each
prospective art project and shall give artists a reasonable
period of time to respond for consideration.
(e) Maintenance of Artwork.--The Administrator shall provide for
necessary services to maintain and preserve the works of art in a state
of high quality.
(f) Registry of Portfolios.--The agency fine arts officer shall
maintain a registry of portfolios and statements of qualifications for
artists interested in being considered for art projects. | Art-in-Architecture Act of 1993 - Requires at least one half of one percent of funds made available for new construction, building purchase, acquisition, or prospectus-level repair and alteration projects to be made available for art projects for each Federal building, except when the Administrator of the General Services Administration or a designee may increase or decrease that percentage under specified conditions.
Requires the preliminary planning and design of each new Federal building to include planning for art commissions.
Directs the Administrator to commission works of art by living American artists to be placed in Federal buildings.
Sets forth requirements for commission amount, selection standards, procedures, artwork maintenance, and registry of portfolios. | Art-in-Architecture Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spring Mountain Exchange Act of
1998''.
SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS.
(a) Conveyance by United States.--
(1) In general.--Subject to subsections (b), (c), and (d)
and notwithstanding any other provision of law, not later than
90 days after the final determination of lands and interests
subject to exchange under this section, the Secretary of the
Interior shall convey to Rhodes Design and Development
Corporation, subject to any valid existing rights and in
exchange for lands and interests conveyed by the Corporation in
accordance with subsection (b), all right, title, and interest
of the United States in and to approximately 1,463 acres of
Federal lands in the State of Nevada depicted on the map
entitled ``Spring Mountain Land Exchange, Map 1 dated August
____, 1998''. The Secretary shall make that map available for
public inspection in the offices of the Director of the Las
Vegas District of the Bureau of Land Management.
(2) Determination of lands and interests.--The Secretary
shall determine the lands and interests that are subject to
exchange under this section not later than 90 days after the
date of the enactment of this Act.
(b) Offer and Acceptance.--The Secretary shall make the conveyance
to the Corporation under subsection (a) only if the Corporation conveys
to the United States all right, title, and interest of the Corporation
in and to approximately 490 acres of lands in the State of Nevada
depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated
August ____, 1998''. The Secretary shall make that map available for
public inspection in the offices of the Director of the Las Vegas
District of the Bureau of Land Management.
(c) Equalization Payments.--
(1) In general.--If the fair market values of lands and
interests exchanged under this section are not equal, the
Secretary shall ensure that they are equalized by the payment
of money to the Secretary or to the Corporation as appropriate
in accordance with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Valuation.--The value of lands and interests shall be
determined for purposes of this section--
(A) utilizing nationally recognized appraisal
standards;
(B) in accordance with section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)); and
(C) without regard to the presence of any species
listed as threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(d) Payments to State and Local Government.--
(1) In general.--The Secretary shall require, as a term of
any conveyance under this section, that the Corporation shall
make direct payments to the State of Nevada and the Southern
Nevada Water Authority in accordance with paragraph (2). Such
payments shall be considered to be a cost incurred by the
Corporation and shall be compensated by the Secretary.
(2) Amount of payment.--
(A) Payment to state.--The amount paid by the
Corporation to the State of Nevada shall be equal to 5
percent of the fair market value of the Federal lands
conveyed by the United States under this section (as
determined under subsection (b)), and shall be used by
the State only in the general education program of the
State.
(B) Payment to authority.--The amount paid by the
Corporation to the Southern Nevada Water Authority
shall be equal to 10 percent of the fair market value
of the Federal lands conveyed by the United States
under this section (as determined under subsection
(b)), and shall be used by the Authority only for water
treatment and transmission facility infrastructure in
Clark County, Nevada.
(e) Adjustments to Maps.--The Secretary may make such minor
corrections in the maps referred to in this section as may be agreed
upon by the Secretary and the Corporation, after the Secretary notifies
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives of any such
minor corrections.
(f) Administration of Lands.--
(1) Cancellation.--If, before the exchange has been carried
out pursuant to subsections (a) and (b), the Corporation
provides written notification to the Secretary that the
Corporation no longer intends to complete the exchange, the
status of the lands and interests otherwise subject to the
exchange shall revert to the status of such lands and interests
as of the day before the date of enactment of this Act, and the
lands and interests shall be managed in accordance with
applicable law and management plans.
(2) Administration of lands acquired by the united
states.--On acceptance of title by the United States, all land
and interests acquired by the United States under this section
that are located within the boundaries of a unit of the
National Forest System, National Park System, National Wildlife
Refuge System, National Wild and Scenic Rivers System, National
Trails System, National Wilderness Preservation System, or any
other system established by an Act of Congress, or within the
boundaries of any national conservation area or national
recreation area established by an Act of Congress--
(A) shall become part of the unit or area without
further administrative or legislative action; and
(B) shall be managed in accordance with all laws,
regulations, and land use plans applicable to the unit
or area.
(g) Definitions.--As used in this section:
(1) Corporation.--The term ``Corporation'' means the Rhodes
Design and Development Corporation (a corporation established
under the laws of the State of Nevada).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada; and (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary. | Spring Mountain Exchange Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Support for Missing and
Exploited Children Act of 2017''.
SEC. 2. FINDINGS.
Section 402 of the Missing Children's Assistance Act (42 U.S.C.
5771) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) each year tens of thousands of children run away, or
are abducted or removed, from the control of a parent having
legal custody without such parent's consent, under
circumstances which immediately place the child in grave
danger;'';
(2) by striking paragraphs (4) and (5);
(3) in paragraph (6) by inserting ``, including child sex
trafficking and sextortion'' after ``exploitation'';
(4) in paragraph (8) by adding ``and'' at the end;
(5) by striking paragraph (9);
(6) by amending paragraph (10) to read as follows:
``(10) a key component of such programs is the National
Center for Missing and Exploited Children that--
``(A) serves as a nonprofit, national resource
center and clearinghouse to provide assistance to
victims, families, child-serving professionals, and the
general public;
``(B) works with the Department of Justice, the
Federal Bureau of Investigation, the United States
Marshals Service, the Department of the Treasury, the
Department of State, the United States Immigration and
Customs Enforcement, the United States Secret Service,
the United States Postal Inspection Service, other
agencies, and nongovernmental organizations in the
effort to find missing children and to prevent child
victimization; and
``(C) coordinates with each of the missing children
clearinghouses operated by the 50 States, the District
of Columbia, Puerto Rico, and international
organizations to transmit images and information
regarding missing and exploited children to law
enforcement, nongovernmental organizations, and
corporate partners across the United States and around
the world instantly.''; and
(7) by redesignating paragraphs (6), (7), (8), and (10) as
paragraphs (4), (5), (6), and (7), respectively.
SEC. 3. DEFINITIONS.
Section 403 of the Missing Children's Assistance Act (42 U.S.C.
5772) is amended--
(1) in paragraph (1)--
(A) by striking ``legal custodian'' each place it
appears and inserting ``parent'';
(B) in subparagraph (A) by striking ``custodian's''
and inserting ``parent's''; and
(C) in subparagraph (C) by striking the period and
the end and inserting a semicolon;
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `parent' includes a legal guardian or other
individual standing in loco parentis (such as a grandparent or
stepparent with whom the child lives, or an individual who is
legally responsible for the child's welfare).''.
SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 404 of the Missing Children's Assistance Act (42 U.S.C.
5773) is amended--
(1) in subsection (a)--
(A) in paragraph (3) by striking ``telephone line''
and inserting ``hotline''; and
(B) in paragraph (6)(E)--
(i) by striking ``telephone line'' and
inserting ``hotline'';
(ii) by striking ``(b)(1)(A) and'' and
inserting ``(b)(1)(A),''; and
(iii) by inserting ``, and the number and
types of reports to the tipline established
under subsection (b)(1)(K)(i)'' before the
semicolon at the end;
(2) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``telephone line'' each
place it appears and inserting ``hotline''; and
(ii) by striking ``legal custodian'' and
inserting ``parent'';
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``restaurant'' and
inserting ``food''; and
(II) by striking ``and'' at the
end;
(ii) in clause (ii) by adding ``and'' at
the end; and
(iii) by adding at the end the following:
``(iii) innovative and model programs,
services, and legislation that benefit missing
and exploited children;'';
(C) by striking subparagraphs (E), (F), and (G);
(D) by amending subparagraph (H) to read as
follows:
``(H) provide technical assistance and training to
families, law enforcement agencies, State and local
governments, elements of the criminal justice system,
nongovernmental agencies, local educational agencies,
and the general public--
``(i) in the prevention, investigation,
prosecution, and treatment of cases involving
missing and exploited children;
``(ii) to respond to foster children
missing from the State child welfare system in
coordination with child welfare agencies and
courts handling juvenile justice and dependency
matters; and
``(iii) in the identification, location,
and recovery of victims of, and children at
risk for, child sex trafficking;'';
(E) by amending subparagraphs (I), (J), and (K) to
read as follows:
``(I) provide assistance to families, law
enforcement agencies, State and local governments,
nongovernmental agencies, child-serving professionals,
and other individuals involved in the location and
recovery of missing and abducted children, both
nationally, and in cooperation with the Department of
State, internationally;
``(J) provide support and technical assistance to
child-serving professionals involved in helping to
recover missing and exploited children by searching
public records databases to help in the identification,
location, and recovery of such children, and help in
the location and identification of potential abductors
and offenders;
``(K) provide forensic and direct on-site technical
assistance and consultation to families, law
enforcement agencies, child-serving professionals, and
nongovernmental organizations in child abduction and
exploitation cases, including facial reconstruction of
skeletal remains and similar techniques to assist in
the identification of unidentified deceased
children;'';
(F) by striking subparagraphs (L) and (M);
(G) by amending subparagraph (N) to read as
follows:
``(N) provide training, technical assistance, and
information to nongovernmental organizations relating
to non-compliant sex offenders and to law enforcement
agencies in identifying and locating such
individuals;'';
(H) by striking subparagraph (P);
(I) by amending subparagraph (Q) to read as
follows:
``(Q) work with families, law enforcement agencies,
electronic service providers, electronic payment
service providers, technology companies,
nongovernmental organizations, and others on methods to
reduce the existence and distribution of online images
and videos of sexually exploited children--
``(i) by operating a tipline to provide to
individuals and electronic service providers an
effective means of reporting Internet-related
and other instances of child sexual
exploitation in the areas of--
``(I) possession, manufacture, and
distribution of child pornography;
``(II) online enticement of
children for sexual acts;
``(III) child sex trafficking;
``(IV) sex tourism involving
children;
``(V) extra familial child sexual
molestation;
``(VI) unsolicited obscene material
sent to a child;
``(VII) misleading domain names;
and
``(VIII) misleading words or
digital images on the Internet;
and subsequently to make such reports available
to the appropriate law enforcement agency for
its review and potential investigation;
``(ii) by operating a child victim
identification program to assist law
enforcement agencies in identifying victims of
child pornography and other sexual crimes to
support the recovery of children from sexually
exploitative situations; and
``(iii) by utilizing emerging technologies
to provide additional outreach and educational
materials to parents and families;'';
(J) by striking subparagraph (R);
(K) by amending subparagraphs (S) and (T) to read
as follows:
``(S) develop and disseminate programs and
information to families, child-serving professionals,
law enforcement agencies, State and local governments,
nongovernmental organizations, schools, local
educational agencies, child-serving organizations, and
the general public on--
``(i) the prevention of child abduction and
sexual exploitation;
``(ii) Internet safety, including tips for
social media and cyberbullying; and
``(iii) sexting and sextortion; and
``(T) provide technical assistance and training to
local educational agencies, schools, State and local
law enforcement agencies, individuals, and other
nongovernmental organizations that assist with finding
missing and abducted children in identifying and
recovering such children.''; and
(L) by redesignating subparagraphs (H), (I), (J),
(K), (N), (O), (Q), (S), (T), (U), and (V) as
subparagraphs (E) through (O), respectively.
SEC. 5. GRANTS.
Section 405 of the Missing Children's Assistance Act (42 U.S.C.
5775) is amended--
(1) in subsection (a)--
(A) in paragraph (7) by striking ``(as defined in
section 403(1)(A))''; and
(B) in paragraph (8)--
(i) by striking ``legal custodians'' and
inserting ``parents''; and
(ii) by striking ``custodians''' and
inserting ``parents'''; and
(2) in subsection (b)(1)(A) by striking ``legal
custodians'' and inserting ``parents''.
SEC. 6. REPORTING.
The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is
amended--
(1) by redesignating sections 407 and 408 as section 408
and 409, respectively; and
(2) by inserting after section 406 the following:
``SEC. 407. REPORTING.
``(a) Required Reporting.--As a condition of receiving funds under
section 404(b), the grant recipient shall, based solely on reports
received by the grantee and not involving any data collection by the
grantee other than those reports, annually provide to the Administrator
and make available to the general public, as appropriate--
``(1) the number of children nationwide who are reported to
the grantee as missing;
``(2) the number of children nationwide who are reported to
the grantee as victims of non-family abductions;
``(3) the number of children nationwide who are reported to
the grantee as victims of family abductions; and
``(4) the number of missing children recovered nationwide
whose recovery was reported to the grantee.
``(b) Incidence of Attempted Child Abductions.--As a condition of
receiving funds under section 404(b), the grant recipient shall--
``(1) track the incidence of attempted child abductions in
order to identify links and patterns;
``(2) provide such information to law enforcement agencies;
and
``(3) make such information available to the general
public, as appropriate.''.
Passed the House of Representatives May 23, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on May 4, 2017. Improving Support for Missing and Exploited Children Act of 2017 (Sec. 2) This bill amends the Missing Children's Assistance Act to revise the findings to, among other things, specify that the growing numbers of children who are victims of child sexual exploitation include victims of child sex trafficking and sextortion. (Sec. 3) The bill revises the definition of "missing child" to mean an individual under 18 years of age whose whereabouts are unknown to the individual's parent (currently, legal custodian). It specifies that a parent includes a legal guardian or an individual who functions as a parent (e.g., a grandparent). (Sec. 4) It revises existing functions and duties of the National Center on Missing and Exploited Children (NCMEC) and adds new requirements for the NCMEC, including to: provide training and technical assistance to help families, law enforcement agencies, and other entities respond to missing foster children and identify, locate, and recover child sex trafficking victims; provide forensic and direct on-site technical assistance, including facial reconstruction of skeletal remains, to help families, law enforcement agencies, and other entities identify deceased children; provide training, technical assistance, and information to help law enforcement agencies and nongovernmental organizations identify and locate non-compliant sex offenders; and develop and disseminate programs and information on sexting and sextortion to families, law enforcement agencies, and other entities. (Sec. 6) The NCMEC must make publicly available the annual report on missing children and the incidence of attempted child abductions. | Improving Support for Missing and Exploited Children Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gabriella Miller Kids First Research
Act''.
SEC. 2. TERMINATION OF TAXPAYER FINANCING OF POLITICAL PARTY
CONVENTIONS; USE OF FUNDS FOR PEDIATRIC RESEARCH INITIATIVE.
(a) Termination of Payments for Conventions; Use of Funds for
Pediatric Research.--Section 9008 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(i) Termination of Payments for Conventions; Use of Amounts for
Pediatric Research Initiative.--Effective on the date of the enactment
of the Gabriella Miller Kids First Research Act--
``(1) the entitlement of any major party or minor party to a
payment under this section shall terminate; and
``(2) all amounts in each account maintained for the national
committee of a major party or minor party under this section shall
be transferred to a fund in the Treasury to be known as the `10-
Year Pediatric Research Initiative Fund', which shall be available
only for the purpose provided in section 402A(a)(2) of the Public
Health Service Act, and only to the extent and in such amounts as
are provided in advance in appropriation Acts.''.
(b) Continuation of Priority of Payments From Accounts Over
Payments to Candidates.--
(1) Availability of payments to candidates.--The third sentence
of section 9006(c) of such Code is amended by striking ``section
9008(b)(3),'' and inserting ``section 9008(i)(2),''.
(2) Availability of payments from presidential primary matching
payment account.--The second sentence of section 9037(a) of such
Code is amended by striking ``section 9008(b)(3)'' and inserting
``section 9008(i)(2)''.
(c) Conforming Amendments.--
(1) Elimination of reports by federal election commission.--
Section 9009(a) of such Code is amended--
(A) by adding ``and'' at the end of paragraph (2);
(B) by striking the semicolon at the end of paragraph (3)
and inserting a period; and
(C) by striking paragraphs (4), (5), and (6).
(2) Elimination of penalties.--Section 9012 of such Code is
amended--
(A) in subsection (a)(1), by striking the second sentence;
(B) in subsection (c), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(C) in subsection (e)(1), by striking the second sentence;
and
(D) in subsection (e)(3), by striking ``, or in connection
with any expense incurred by the national committee of a major
party or minor party with respect to a presidential nominating
convention''.
SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE.
(a) Allocation of NIH Funds in Common Fund for Pediatric
Research.--Paragraph (7) of section 402(b) of the Public Health Service
Act (42 U.S.C. 282(b)) is amended to read as follows:
``(7)(A) shall, through the Division of Program Coordination,
Planning, and Strategic Initiatives--
``(i) identify research that represents important areas of
emerging scientific opportunities, rising public health
challenges, or knowledge gaps that deserve special emphasis and
would benefit from conducting or supporting additional research
that involves collaboration between 2 or more national research
institutes or national centers, or would otherwise benefit from
strategic coordination and planning;
``(ii) include information on such research in reports
under section 403; and
``(iii) in the case of such research supported with funds
referred to in subparagraph (B)--
``(I) require as appropriate that proposals include
milestones and goals for the research;
``(II) require that the proposals include timeframes
for funding of the research; and
``(III) ensure appropriate consideration of proposals
for which the principal investigator is an individual who
has not previously served as the principal investigator of
research conducted or supported by the National Institutes
of Health;
``(B)(i) may, with respect to funds reserved under section
402A(c)(1) for the Common Fund, allocate such funds to the national
research institutes and national centers for conducting and
supporting research that is identified under subparagraph (A); and
``(ii) shall, with respect to funds appropriated to the Common
Fund pursuant to section 402A(a)(2), allocate such funds to the
national research institutes and national centers for making grants
for pediatric research that is identified under subparagraph (A);
and
``(C) may assign additional functions to the Division in
support of responsibilities identified in subparagraph (A), as
determined appropriate by the Director;''.
(b) Funding for 10-Year Pediatric Research Initiative.--Section
402A of the Public Health Service Act (42 U.S.C. 282a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving the
indentation of each such subparagraph 2 ems to the right;
(B) by striking ``For purposes of carrying out this title''
and inserting the following:
``(1) This title.--For purposes of carrying out this title'';
and
(C) by adding at the end the following:
``(2) Funding for 10-year pediatric research initiative through
common fund.--For the purpose of carrying out section
402(b)(7)(B)(ii), there is authorized to be appropriated to the
Common Fund, out of the 10-Year Pediatric Research Initiative Fund
described in section 9008 of the Internal Revenue Code of 1986, and
in addition to amounts otherwise made available under paragraph (1)
of this subsection and reserved under subsection (c)(1)(B)(i) of
this section, $12,600,000 for each of fiscal years 2014 through
2023.''; and
(2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking
``subsection (a)'' each place it appears and inserting ``subsection
(a)(1)''.
(c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds
appropriated pursuant to section 402A(a)(2) of the Public Health
Service Act, as added by subsection (b)--
(1) shall be used to supplement, not supplant, the funds
otherwise allocated by the National Institutes of Health for
pediatric research; and
(2) notwithstanding any transfer authority in any appropriation
Act, shall not be used for any purpose other than allocating funds
for making grants as described in section 402(b)(7)(B)(ii) of the
Public Health Service Act, as added by subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on December 11, 2013. Gabriella Miller Kids First Research Act - Amends the Internal Revenue Code to terminate the entitlement of any major or minor political party to a payment from the Presidential Election Campaign Fund for a presidential nominating convention. Transfers amounts in each account maintained for such purpose for the national committee of a party to a 10-Year Pediatric Research Initiative Fund, making them available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $12.6 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than allocating funds for making grants for pediatric research described in this Act. | Gabriella Miller Kids First Research Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Harassment Prevention Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Sexual harassment in employment persists widely in the
workplace, although it violates title VII of the Civil Rights
Act of 1964 and adversely affects employees.
(2) According to guidelines issued by the Equal Employment
Opportunity Commission in 1980, the most effective tool for
eliminating sexual harassment is prevention.
(3) The United States Merit Systems Protection Board found
in 1981 and 1988 surveys of Federal Government employees that
42 percent of female employees and 14 percent of male employees
questioned had experienced some kind of harassment in
employment. The American Psychological Association estimates
that at least \1/2\ of all working women have been sexually
harassed at the workplace during their careers.
(4) The vast majority of sexual harassment episodes go
unreported to a supervisory employee or other individual
designated by the employer. Only 5 percent of the Government
employees who indicated in the 1988 Merit Systems Protection
Board survey that they had been harassed filed a formal
complaint or requested an investigation of the harassment.
(5) Sexual harassment has a significant cost for employees
and employers. A 1988 study by Working Woman Magazine shows
that sexual harassment costs a typical ``Fortune 500'' employer
$6,000,000, or $292.53 per employee, each year. The same study
estimates that it is 34 times more expensive for such an
employer to ignore the problem than it is to establish
effective programs and policies to address the problem.
(6) Most job growth over the next decade is expected to
occur in employment by small employers. Sixty-six percent of
the individuals who will enter the work force during this
period are expected to be female. The establishment of programs
and policies in small-business environments, at a low cost to
employers, will be a key prevention priority to reduce sexual
harassment in employment.
(b) Purposes.--The purposes of this Act are--
(1) to establish workplace requirements that will reduce
the incidence of sexual harassment in employment,
(2) to provide a low-cost system to assist employers to
establish programs and policies to prevent sexual harassment in
employment,
(3) to raise the awareness of employees of the definition
of sexual harassment and of available avenues of redress, and
(4) to increase the authority and capacity of the Equal
Employment Opportunity Commission to assist in preventing
sexual harassment in employment.
SEC. 3. EMPLOYER REQUIREMENTS.
(a) Posting of Notice in the Workplace.--Each employer shall post
and keep posted in conspicuous places upon its premises where notices
to employees and applicants for employment are customarily posted, a
notice that shall be prepared or approved by the Commission and shall
set forth--
(1) the definition of sexual harassment found in section
1604.11(a) of title 29 of the Code of Federal Regulations (July
1, 1992),
(2) the fact that sexual harassment in employment is a
violation of title VII of the Civil Rights Act of 1964,
(3) information describing how to file with the Commission
a complaint alleging such harassment, including information on
the time periods within which an alleged victim of
discrimination (including sexual harassment) must file a charge
with the Equal Employment Opportunity Commission, or a State or
local fair employment agency, in order to satisfy the statute
of limitations applicable to claims under title VII,
(4) an address, and the toll-free telephone number, to be
used to contact the Commission regarding such harassment or
compliance with the requirements of this Act, and
(5) such other information as the Commission may require.
(b) Separate Notice to Individual Employees.--Each employer shall
provide annually to each employee separately a written notice that
includes--
(1) the matters specified in paragraphs (1) through (4) of
subsection (a),
(2) a description of the procedures established by such
employer to resolve allegations of sexual harassment in
employment, and
(3) such other information as the Commission may require.
Such notice shall be provided in a manner that ensures that such
employee actually receives such notice.
(c) Management Information for Supervisory Employees.--Not later
than 60 days after an employer places an individual in a supervisory
employment position or 1 year after the date of the enactment of this
Act, whichever occurs later, such employer shall provide to the
supervisory employee information specifying the responsibilities of,
and the methods to be used by, such employee to ensure that immediate
and corrective action is taken to address allegations of sexual
harassment in employment.
(d) Civil Penalty.--A willful violation of this section shall be
punishable by a civil penalty of not more than $1,000 for each separate
violation.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Technical Assistance Materials.--Not later than 180 days after
the date of the enactment of this Act, the Commission shall prepare,
revise from time to time as needed, and make available to employers at
no cost (by publication in the Federal Register or other means)--
(1) a model notice of the kind required by section 3(a) to
be posted,
(2) a model notice of the kind required by section 3(b) to
be provided to employees, and
(3) voluntary guidelines for the establishment of policies
and procedures by employers to address allegations of
discrimination (including sexual harassment) in employment.
(b) Toll-Free Telephone Number.--Not later than 180 days after the
date of the enactment of this Act, the Commission shall provide a toll-
free telephone number for use by employees and employers in the United
States to obtain--
(1) information regarding compliance with this Act, and
(2) the model notices and guidelines prepared under
subsection (a).
SEC. 5. ENFORCEMENT.
Section 3 shall be enforced--
(1) by the Commission with respect to violations alleged by
employees as defined in subparagraphs (A), (B), and (E) of
section 6(2),
(2) by the House of Representatives in the manner described
in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2
U.S.C. 60l) with respect to violations alleged by employees as
defined in section 6(2)(C) of this Act, and
(3) by the Senate in the manner described in the Government
Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect
to violations alleged by employees as defined in section
6(2)(D) of this Act.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission,
(2) the term ``employee'' means--
(A) an employee as defined in section 701(f) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(f)),
(B) an employee referred to in section 717(a) of
such Act (42 U.S.C. 2000e-16(a)),
(C) an employee in an employment position of the
House of Representatives,
(D) a Senate employee as defined in section
301(c)(1) of the Government Employee Rights Act of 1991
(2 U.S.C. 1201(c)(1)), or
(E) an employee (other than a Senate employee) in
an employment position of an instrumentality of the
Congress,
(3) the term ``employer'' means--
(A) an employer as defined in section 701(b) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(b)),
(B) a Federal entity to which section 717(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a))
applies, or
(C) an employing authority of the House of
Representatives, of the Senate, or of an
instrumentality of the Congress,
(4) the term ``instrumentality of the Congress'' means the
Architect of the Capitol, the Congressional Budget Office, the
Office of Technology Assessment, the United States Botanic
Garden, and those units of the Government Printing Office with
positions in the excepted service, and
(5) the term ``sexual harassment'' has the same meaning as
such term has for purposes of title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-2000e-17).
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act shall take effect on the date of the enactment of this Act.
(b) Effective Date of Section 3.--Section 3 shall take effect 1
year after the date of the enactment of this Act. | Sexual Harassment Prevention Act of 1993 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission.
Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment.
Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment.
Prescribes civil penalties for willful violations of this Act.
Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act. | Sexual Harassment Prevention Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Back to Business Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) 43 percent of businesses that close following a natural
disaster never reopen;
(2) an additional 29 percent of businesses close down
permanently within 2 years of a natural disaster;
(3) Hurricane Katrina struck the Gulf Coast of the United
States on August 29, 2005, negatively impacting small business
concerns and disrupting commerce in the States of Louisiana,
Mississippi, and Alabama;
(4) Hurricane Rita struck the Gulf Coast of the United
States on September 24, 2005, negatively impacting small
business concerns and disrupting commerce in the States of
Texas and Louisiana;
(5) according to the United States Chamber of Commerce,
more than 125,000 small- and medium-sized businesses in the
Gulf Coast were disrupted by Hurricane Katrina or Hurricane
Rita;
(6) due to a slow initial Federal response and the
widespread devastation in the affected States, businesses
impacted by Hurricane Katrina are in dire need of increased
access to capital and technical assistance to recover and
prosper; and
(7) without the full recovery and prosperity of affected
businesses, the Gulf Coast and the rest of the United States
will be negatively impacted.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Disaster Area'' means an area in which the
President has declared a major disaster in response to
Hurricane Katrina of 2005 or Hurricane Rita of 2005;
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122); and
(3) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce $100,000,000 for the Economic Development
Administration of the Department of Commerce to make grants to the
appropriate State government agencies in Louisiana and Mississippi, to
carry out this section.
(b) Disbursement of Funds.--
(1) In general.--Subject to paragraph (2), the Secretary of
Commerce shall disburse the funds authorized under subsection
(a) as follows:
(A) $75,000,000 to the State of Louisiana.
(B) $25,000,000 to the State of Mississippi.
(2) Proportionate allocation.--Regardless of the amount
appropriated under subsection (a), the amount appropriated
shall be allocated among the States listed in paragraph (1) of
this subsection in direct proportion to the allocation under
that paragraph.
(c) Use of Funds.--
(1) In general.--Grants awarded to a State under subsection
(a) shall be used by the State to provide grants, which may be
made to any small business concern located in a Disaster Area
that was negatively impacted by Hurricane Katrina of 2005 or
Hurricane Rita of 2005, to assist such small business concern
for the purposes of--
(A) paying employees;
(B) paying bills, insurance costs, and other
existing financial obligations;
(C) making repairs;
(D) purchasing inventory;
(E) restarting or operating that business in the
community in which it was conducting operations prior
to Hurricane Katrina of 2005 or Hurricane Rita of 2005,
or to a neighboring area or county or parish in a
Disaster Area;
(F) compensating such small business concerns for
direct economic injury suffered as a result of
Hurricane Katrina of 2005 or Hurricane Rita of 2005; or
(G) covering additional costs until that small
business concern is able to obtain funding through
insurance claims, Federal assistance programs, or other
sources.
(2) Criteria.--
(A) In general.--Notwithstanding any other
provision of law, in making grants under paragraph (1),
a State may use such criteria as the State determines
appropriate, and shall not be required to apply
eligibility criteria for programs administered by the
Federal Government, including the Department of
Commerce.
(B) Exclusion.--In making grants under paragraph
(1), a State may not exclude a small business concern
based on any increase in the revenue of that small
business concern during the 12-month period beginning
on October 1, 2005.
(3) Administrative expenses.--The Department of Commerce
may use not more than $1,500,000 of the funds authorized under
subsection (a) to administer the provision of grants to the
designated States under this subsection.
SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (3) the
following:
``(4) Disaster loans after hurricane katrina or hurricane
rita in a disaster area.--
``(A) Definitions.--In this paragraph--
``(I) the term `Disaster Area' means an
area in which the President has declared a
major disaster in response to Hurricane Katrina
of 2005 or Hurricane Rita of 2005; and
``(ii) the term `qualified borrower' means
a person to whom the Administrator made a loan
under this section because of Hurricane Katrina
of 2005 or Hurricane Rita of 2005.
``(B) Deferment of disaster loan payments.--
``(i) In general.--Notwithstanding any
other provision of law, payments of principal
and interest on a loan to a qualified borrower
made before December 31, 2006, shall be
deferred, and no interest shall accrue with
respect to such loan, during the time period
described in clause (ii).
``(ii) Time period.--The time period for
purposes of clause (i) shall be 1 year from the
later of the date of enactment of this
paragraph or the date on which funds are
distributed under a loan described in clause
(i), but may be extended to 2 years from such
date, at the discretion of the Administrator.
``(iii) Resumption of payments.--At the end
of the time period described in clause (ii),
the payment of periodic installments of
principal and interest shall be required with
respect to such loan, in the same manner and
subject to the same terms and conditions as
would otherwise be applicable to any other loan
made under this subsection.''.
(b) Increasing Collateral Requirements.--
(1) In general.--Notwithstanding any other provision of
law, including section 7(c)(6) of the Small Business Act (15
U.S.C. 636(c)(6)), the Administrator may not require collateral
for any covered loan made by the Administrator.
(2) Definition.--In this subsection, the term ``covered
loan'' means a loan in an amount of not more than $35,000
made--
(A) under section 7(b)(1) of the Small Business Act
(15 U.S.C. 636(b)(1));
(B) as a result of Hurricane Katrina of 2005 or
Hurricane Rita of 2005; and
(C) after the date of enactment of this Act.
SEC. 6. OTHER PROGRAMS.
(a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'';
(B) in subparagraph (E), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(F) an area in which the President has declared a
major disaster (as that term is defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) as a result of
Hurricane Katrina of August 2005 or Hurricane Rita of
September 2005, during the time period described in
paragraph (8).''; and
(2) by adding at the end the following:
``(8) Time period.--The time period for the purposes of
paragraph (1)(F)--
``(A) shall be the 2-year period beginning on the
later of the date of enactment of this paragraph and
August 29, 2007; and
``(B) may, at the discretion of the Administrator,
be extended to be the 3-year period beginning on the
later of the date of enactment of this paragraph and
August 29, 2007.''.
(b) Relief From Test Program.--Section 711(d) of the Small Business
Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended--
(1) by striking ``The Program'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
Program''; and
(2) by adding at the end the following:
``(2) Exception.--
``(A) In general.--The Program shall not apply to
any contract related to relief or reconstruction from
Hurricane Katrina of 2005 or Hurricane Rita of 2005
during the time period described in subparagraph (B).
``(B) Time period.--The time period for the
purposes of subparagraph (A)--
``(I) shall be the 2-year period beginning
on the later of the date of enactment of this
paragraph and August 29, 2007; and
``(ii) may, at the discretion of the
Administrator, be extended to be the 3-year
period beginning on the later of the date of
enactment of this paragraph and August 29,
2007.''. | Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita.
Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans.
Includes as a HUBZone (historically underutilized business zone) any area in which the President has declared a major disaster as a result of such hurricanes.
Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program (to test innovative small business procurement methods and procedures) inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes. | To address ongoing small business and homeowner needs in the Gulf Coast States impacted by Hurricane Katrina and Hurricane Rita. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Freedom Preservation Act''.
SEC. 2. INTERNET NEUTRALITY.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 12. INTERNET NEUTRALITY.
``(a) Duty of Broadband Service Providers.--With respect to any
broadband service offered to the public, each broadband service
provider shall--
``(1) not block, interfere with, discriminate against,
impair, or degrade the ability of any person to use a broadband
service to access, use, send, post, receive, or offer any
lawful content, application, or service made available via the
Internet;
``(2) not prevent or obstruct a user from attaching or
using any device to the network of such broadband service
provider, only if such device does not physically damage or
substantially degrade the use of such network by other
subscribers;
``(3) provide and make available to each user information
about such user's access to the Internet, and the speed,
nature, and limitations of such user's broadband service;
``(4) enable any content, application, or service made
available via the Internet to be offered, provided, or posted
on a basis that--
``(A) is reasonable and nondiscriminatory,
including with respect to quality of service, access,
speed, and bandwidth;
``(B) is at least equivalent to the access, speed,
quality of service, and bandwidth that such broadband
service provider offers to affiliated content,
applications, or services made available via the public
Internet into the network of such broadband service
provider; and
``(C) does not impose a charge on the basis of the
type of content, applications, or services made
available via the Internet into the network of such
broadband service provider;
``(5) only prioritize content, applications, or services
accessed by a user that is made available via the Internet
within the network of such broadband service provider based on
the type of content, applications, or services and the level of
service purchased by the user, without charge for such
prioritization; and
``(6) not install or utilize network features, functions,
or capabilities that impede or hinder compliance with this
section.
``(b) Certain Management and Business-Related Practices.--Nothing
in this section shall be construed to prohibit a broadband service
provider from engaging in any activity, provided that such activity is
not inconsistent with the requirements of subsection (a), including--
``(1) protecting the security of a user's computer on the
network of such broadband service provider, or managing such
network in a manner that does not distinguish based on the
source or ownership of content, application, or service;
``(2) offering directly to each user broadband service that
does not distinguish based on the source or ownership of
content, application, or service, at different prices based on
defined levels of bandwidth or the actual quantity of data flow
over a user's connection;
``(3) offering consumer protection services (including
parental controls for indecency or unwanted content, software
for the prevention of unsolicited commercial electronic
messages, or other similar capabilities), if each user is
provided clear and accurate advance notice of the ability of
such user to refuse or disable individually provided consumer
protection capabilities;
``(4) handling breaches of the terms of service offered by
such broadband service provider by a subscriber, provided that
such terms of service are not inconsistent with the
requirements of subsection (a); or
``(5) where otherwise required by law, to prevent any
violation of Federal or State law.
``(c) Exception.--Nothing in this section shall apply to any
service regulated under title VI, regardless of the physical
transmission facilities used to provide or transmit such service.
``(d) Stand-Alone Broadband Service.--A broadband service provider
shall not require a subscriber, as a condition on the purchase of any
broadband service offered by such broadband service provider, to
purchase any cable service, telecommunications service, or IP-enabled
voice service.
``(e) Implementation.--Not later than 180 days after the date of
enactment of the Internet Freedom Preservation Act, the Commission
shall prescribe rules to implement this section that--
``(1) permit any aggrieved person to file a complaint with
the Commission concerning any violation of this section; and
``(2) establish enforcement and expedited adjudicatory
review procedures consistent with the objectives of this
section, including the resolution of any complaint described in
paragraph (1) not later than 90 days after such complaint was
filed, except for good cause shown.
``(f) Enforcement.--
``(1) In general.--The Commission shall enforce compliance
with this section under title V, except that--
``(A) no forfeiture liability shall be determined
under section 503(b) against any person unless such
person receives the notice required by section
503(b)(3) or section 503(b)(4); and
``(B) the provisions of section 503(b)(5) shall not
apply.
``(2) Special orders.--In addition to any other remedy
provided under this Act, the Commission may issue any
appropriate order, including an order directing a broadband
service provider--
``(A) to pay damages to a complaining party for a
violation of this section or the regulations hereunder;
or
``(B) to enforce the provisions of this section.
``(g) Definitions.--In this section, the following definitions
shall apply:
``(1) Affiliated.--The term `affiliated' includes--
``(A) a person that (directly or indirectly) owns
or controls, is owned or controlled by, or is under
common ownership or control with, another person; or
``(B) a person that has a contract or other
arrangement with a content, applications, or service
provider relating to access to or distribution of such
content, applications, or service.
``(2) Broadband service.--The term `broadband service'
means a 2-way transmission that--
``(A) connects to the Internet regardless of the
physical transmission facilities used; and
``(B) transmits information at an average rate of
at least 200 kilobits per second in at least 1
direction.
``(3) Broadband service provider.--The term `broadband
service provider' means a person or entity that controls,
operates, or resells and controls any facility used to provide
broadband service to the public, whether provided for a fee or
for free.
``(4) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time 2-way voice
communications offered to the public, or such classes of users
as to be effectively available to the public, transmitted
through customer premises equipment using TCP/IP protocol, or a
successor protocol, for a fee (whether part of a bundle of
services or separately) with interconnection capability such
that service can originate traffic to, and terminate traffic
from, the public switched telephone network
``(5) User.--The term `user' means any residential or
business subscriber who, by way of a broadband service, takes
and utilizes Internet services, whether provided for a fee, in
exchange for an explicit benefit, or for free.''.
SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES.
Not later than 270 days after the date of enactment of this Act,
and annually thereafter, the Federal Communications Commission shall
transmit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives on the--
(1) ability of providers of content, applications, or
services to transmit and send such information into and over
broadband networks;
(2) ability of competing providers of transmission
capability to transmit and send such information into and over
broadband networks;
(3) price, terms, and conditions for transmitting and
sending such information into and over broadband networks;
(4) number of entities that transmit and send information
into and over broadband networks; and
(5) state of competition among those entities that transmit
and send information into and over broadband networks. | Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls.
Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service.
Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services. | A bill to amend the Communications Act of 1934 to ensure net neutrality. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Energy Laboratory Modernization and Technology Transfer Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
Sec. 101. Technology transfer and transitions assessment.
Sec. 102. Sense of Congress.
Sec. 103. Nuclear energy innovation.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in
authorized technology transfer activities.
Sec. 204. Funding competitiveness for institutions of higher education
and other nonprofit institutions.
Sec. 205. Participation in the Innovation Corps program.
TITLE III--ASSESSMENT OF IMPACT
Sec. 301. Report by Government Accountability Office.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
means a Department of Energy nonmilitary national laboratory,
including--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Idaho National Laboratory;
(F) Lawrence Berkeley National Laboratory;
(G) National Energy Technology Laboratory;
(H) National Renewable Energy Laboratory;
(I) Oak Ridge National Laboratory;
(J) Pacific Northwest National Laboratory;
(K) Princeton Plasma Physics Laboratory;
(L) Savannah River National Laboratory;
(M) Stanford Linear Accelerator Center;
(N) Thomas Jefferson National Accelerator Facility;
and
(O) any laboratory operated by the National Nuclear
Security Administration, but only with respect to the
civilian energy activities thereof.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report which
shall include--
(1) an assessment of the Department's current ability to
carry out the goals of section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391), including an assessment of the role and
effectiveness of the Director of the Office of Technology
Transitions; and
(2) recommended departmental policy changes and legislative
changes to section 1001 of the Energy Policy Act of 2005 (42
U.S.C. 16391) to improve the Department's ability to
successfully transfer new energy technologies to the private
sector.
SEC. 102. SENSE OF CONGRESS.
It is the sense of the Congress that the Secretary should encourage
the National Laboratories and federally funded research and development
centers to inform small businesses of the opportunities and resources
that exist pursuant to this Act.
SEC. 103. NUCLEAR ENERGY INNOVATION.
Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the National Laboratories, relevant
Federal agencies, and other stakeholders, shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report assessing the Department's capabilities to
authorize, host, and oversee privately funded fusion and non-light
water reactor prototypes and related demonstration facilities at
Department-owned sites. For purposes of this report, the Secretary
shall consider the Department's capabilities to facilitate privately-
funded prototypes up to 20 megawatts thermal output. The report shall
address the following:
(1) The Department's safety review and oversight
capabilities.
(2) Potential sites capable of hosting research,
development, and demonstration of prototype reactors and
related facilities for the purpose of reducing technical risk.
(3) The Department's and National Laboratories' existing
physical and technical capabilities relevant to research,
development, and oversight.
(4) The efficacy of the Department's available contractual
mechanisms, including cooperative research and development
agreements, work for others agreements, and agreements for
commercializing technology.
(5) Potential cost structures related to physical security,
decommissioning, liability, and other long-term project costs.
(6) Other challenges or considerations identified by the
Secretary, including issues related to potential cases of
demonstration reactors up to 2 gigawatts of thermal output.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.
(a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as
announced by the Secretary on December 8, 2011, in accordance with this
section.
(b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor
of the applicable National Laboratory, to the maximum extent determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, payment
structures, performance guarantees, and multiparty collaborations.
(c) Eligibility.--
(1) In general.--Any director of a National Laboratory may
enter into an agreement pursuant to the pilot program referred
to in subsection (a).
(2) Agreements with non-federal entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary shall
permit the directors of the National Laboratories to execute
agreements with a non-Federal entity, including a non-Federal
entity already receiving Federal funding that will be used to
support activities under agreements executed pursuant to
paragraph (1), provided that such funding is solely used to
carry out the purposes of the Federal award.
(3) Restriction.--The requirements of chapter 18 of title
35, United States Code (commonly known as the ``Bayh-Dole
Act'') shall apply if--
(A) the agreement is a funding agreement (as that
term is defined in section 201 of that title); and
(B) at least 1 of the parties to the funding
agreement is eligible to receive rights under that
chapter.
(d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each
agreement entered into under this section--
(1) a summary of information relating to the relevant
project;
(2) the total estimated costs of the project;
(3) estimated commencement and completion dates of the
project; and
(4) other documentation determined to be appropriate by the
Secretary.
(e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
(1) is not in direct competition with the private sector;
and
(2) does not present, or minimizes, any apparent conflict
of interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
(f) Extension.--The pilot program referred to in subsection (a)
shall be extended until October 31, 2017.
(g) Reports.--
(1) Overall assessment.--Not later than 60 days after the
date described in subsection (f), the Secretary, in
coordination with directors of the National Laboratories, shall
submit to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that--
(A) assesses the overall effectiveness of the pilot
program referred to in subsection (a);
(B) identifies opportunities to improve the
effectiveness of the pilot program;
(C) assesses the potential for program activities
to interfere with the responsibilities of the National
Laboratories to the Department; and
(D) provides a recommendation regarding the future
of the pilot program.
(2) Transparency.--The Secretary, in coordination with
directors of the National Laboratories, shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an annual report that accounts for all
incidences of, and provides a justification for, non-Federal
entities using funds derived from a Federal contract or award
to carry out agreements pursuant to this section.
SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000, if such an
agreement falls within the scope of--
(1) a strategic plan for the National Laboratory that has
been approved by the Department; or
(2) the most recent Congressionally approved budget for
Department activities to be carried out by the National
Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the National
Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--Within 30 days of entering an
agreement under this section, the director of a National
Laboratory shall submit to the Secretary for monitoring and
review all records of the National Laboratory relating to the
agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery, if such funds are used exclusively
to support further research and development activities at the
respective National Laboratory.
(d) Exception.--This section does not apply to any agreement with a
majority foreign-owned company.
(e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 202(a) of the Department of Energy
Laboratory Modernization and Technology Transfer Act of 2015,
approval by the Secretary of Energy shall not be required for
any technology transfer agreement proposed to be entered into
by a National Laboratory of the Department of Energy, the total
cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000.'';
and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN
AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended by--
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following:
``(g) Early-Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
authorized to support technology transfer within the Department to
carry out early-stage and pre-commercial technology demonstration
activities to remove technology barriers that limit private sector
interest and demonstrate potential commercial applications of any
research and technologies arising from National Laboratory
activities.''.
SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION
AND OTHER NONPROFIT INSTITUTIONS.
Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraphs (2) and (3)'' and inserting ``Except as provided in
paragraphs (2), (3), and (4)''; and
(2) by adding at the end the following:
``(4) Exemption for institutions of higher education and
other nonprofit institutions.--
``(A) In general.--Paragraph (1) shall not apply to
a research or development activity performed by an
institution of higher education or nonprofit
institution (as defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703)).
``(B) Termination date.--The exemption under
subparagraph (A) shall apply during the 6-year period
beginning on the date of enactment of this
paragraph.''.
SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.
The Secretary may enter into an agreement with the Director of the
National Science Foundation to enable researchers funded by the
Department to participate in the National Science Foundation Innovation
Corps program.
TITLE III--ASSESSMENT OF IMPACT
SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
(1) describing the results of the projects developed under
sections 201, 202, and 203, including information regarding--
(A) partnerships initiated as a result of those
projects and the potential linkages presented by those
partnerships with respect to national priorities and
other taxpayer-funded research; and
(B) whether the activities carried out under those
projects result in--
(i) fiscal savings;
(ii) expansion of National Laboratory
capabilities;
(iii) increased efficiency of technology
transfers; or
(iv) an increase in general efficiency of
the National Laboratory system; and
(2) assess the scale, scope, efficacy, and impact of the
Department's efforts to promote technology transfer and private
sector engagement at the National Laboratories, and make
recommendations on how the Department can improve these
activities.
Passed the House of Representatives May 19, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories. | Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Building Code Incentive Act of
2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mitigation planning is the foundation for saving lives,
protecting residential and commercial properties, and
developing disaster resistant communities;
(2) recent studies of the performance of building
structures during disasters have demonstrated that the adoption
and active enforcement of State building codes have greatly
reduced residential and commercial property damage and personal
injury resulting from major disasters;
(3) modern building codes govern all aspects of
construction and are designed to ensure that single-family
residential dwellings and commercial structures are protected
from natural disasters;
(4) the people of the United States rely on active
enforcement of modern building codes for assurance that minimum
standards for reducing personal injuries and property damages
have been met in the buildings they live in, work in, and visit
everyday;
(5) active enforcement of building codes plays an
increasingly important role in public safety and loss
prevention of residential and commercial property;
(6) active enforcement of building codes based on
nationally recognized models reduces the need for public
disaster aid, creates sustainable communities, promotes a level
and consistent playing field for design professionals,
suppliers, and builders, and can contribute to the durability
of residential and commercial structures;
(7) under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal
Emergency Management Agency provides Federal assistance to
States for mitigation efforts;
(8) it is beneficial and appropriate to expand Federal
mitigation assistance to encourage States to take a
comprehensive and integrated approach to disaster loss
reduction; and
(9) it is beneficial to the Federal Government and
appropriate that Federal mitigation assistance be used to
encourage the adoption and active enforcement of State building
codes as a disaster mitigation strategy under the auspices of a
comprehensive disaster loss reduction plan.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) substantially mitigate the occurrence of loss to
residential and commercial property, reduce and minimize damage
when losses to residential and commercial property occur,
improve the quality and value of residential and commercial
property, and reduce the need for public disaster aid;
(2) provide incentives for the adoption and active
enforcement of State building codes;
(3) encourage States to continue their key responsibility
to coordinate all State and local activities relating to hazard
evaluation and mitigation, as specified in section 201.3(c) of
title 44, Code of Federal Regulations, through the adoption and
active enforcement of State building codes; and
(4) encourage States to require that local governments use
a current version of a nationally applicable model building
code that address natural hazards as a basis for design and
construction of State-sponsored mitigation projects described
in section 201.5(b)(4)(iv) of title 44, Code of Federal
Regulations.
SEC. 4. ADDITIONAL MITIGATION ASSISTANCE.
(a) In General.--Section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by
adding at the end the following:
``(d) Additional Mitigation Assistance.--
``(1) In general.--If, at the time of a declaration of a
major disaster, the affected State has in effect and is
actively enforcing throughout the State a State building code
that satisfies the conditions in paragraph (2), the President
may increase the maximum total of contributions under this
section for the major disaster, as specified in subsection (a)
and section 322(e), by an amount equal to 4 percent of the
estimated aggregate amount of grants to be made (less any
associated administrative costs) under this Act with respect to
the major disaster.
``(2) Submission.--To be eligible for an increased Federal
share under paragraph (1), a State shall certify to the
President that the State has a building code that--
``(A) is consistent with the most recent version of
a nationally recognized model building code;
``(B) has been adopted by the State within 6 years
of the most recent version of the nationally recognized
model building code; and
``(C) uses the nationally recognized model building
code as a minimum standard.
``(3) Approval.--The President shall approve the additional
assistance under this section, if the President determines that
the certification of the State provided under paragraph (2) is
sufficient and is submitted not later than 90 days after the
date of a declared disaster.
``(4) Periodic updates.--The President, acting through the
Administrator, shall set appropriate standards, by regulation,
for the periodic update, resubmittal, and approval of a State
building code approved by the President in accordance with
paragraph (3) that are consistent with similar requirements
related to mitigation planning under section 322.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Actively enforcing.--The term `actively
enforcing' means effective jurisdictional execution of
all phases of a State building code in the process of
examination and approval of construction plans,
specifications, and technical data and the inspection
of new construction or renovation.
``(B) Nationally recognized model building code.--
The term `nationally recognized model building code'
means a building code for residential and commercial
construction and construction materials that--
``(i) has been developed and published by a
code organization in an open consensus type
forum with input from national experts; and
``(ii) is based on national structural
design standards that establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
and commercial buildings for the purpose of
protecting the health, safety, and general
welfare of the building's users against natural
disasters.
``(C) State building code.--The term `State
building code' means requirements and associated
standards for residential and commercial construction
and construction materials that are implemented on a
statewide basis by ordinance, resolution, law, housing
or building code, or zoning ordinance. At a minimum,
such requirements and associated standards shall
apply--
``(i) to construction-related activities of
residential building contractors applicable to
single-family and 2-family residential
structures; and
``(ii) to construction-related activities
of engineers, architects, designers, and
commercial building contractors applicable to
the structural safety, design, and construction
of commercial, industrial, and multifamily
structures.
``(6) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue such regulations as may be necessary to carry out
this subsection.''.
(b) Applicability.--Section 404(d) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by this section,
shall apply to major disasters declared on or after October 24, 2012.
Major disasters declared during the period beginning on October 24,
2012 and ending on the date of enactment of this Act, shall have 90
days from date of enactment of this Act to submit the certification
required under 404(d)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as added by this Act. | Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster.
Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act.
Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment. | A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance existing programs providing mitigation assistance by encouraging States to adopt and actively enforce State building codes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clear Creek National Recreation Area
and Conservation Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means
the Plan for the Recreation Area prepared under section 4(c).
(2) Recreation area.--The term ``Recreation Area'' means
the Clear Creek National Recreation Area.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.
(a) In General.--To promote environmentally responsible high-
quality motorized and non-motorized trail based recreation, including
off-highway vehicle use, scenic touring, access for hunting and gem
collecting, while protecting ecological, geological, scenic, cultural,
and historic resources, fish and wildlife values, and other resources
of the landscape, there is established the Clear Creek National
Recreation Area in the State, to be managed by the Secretary.
(b) Boundaries.--The Recreation Area shall consist of approximately
75,000 acres of Federal land in San Benito County and Fresno County,
California, as generally depicted on the map entitled ``Clear Creek
National Recreation Area'' and dated July 30, 2012.
(c) Map.--
(1) In general.--As soon as practicable, after the date of
the enactment of this Act, the Secretary shall submit a map and
legal description of the Recreation Area to--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of
Land Management; and
(B) the appropriate office of the Bureau of Land
Management in California.
SEC. 4. MANAGEMENT.
(a) In General.--The Secretary shall manage the Recreation Area to
further the purposes described in section 3(a), in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law.
(b) Uses.--The Secretary shall--
(1) allow hiking, camping, hunting, gem collecting, and
sightseeing and the use of motorized vehicles, mountain bikes,
and horses on designated roads, trails, and areas;
(2) issue special recreation permits for motorized and non-
motorized events; and
(3) reopen the Clear Creek Management Area to the uses
described in this subsection as soon as practicable following
the enactment of this Act and in accordance with the management
guidelines outlined in this Act and other applicable law.
(c) Interim Management Plan.--The Secretary shall use the 2005
Clear Creek Management Area Travel Management Plan as modified by this
Act, or by the Secretary to incorporate natural resource protection
information not available in 2005, as the basis of an interim
management plan to govern motorized recreation within the Recreation
Area pending the completion of the long-term management plan required
in subsection (d).
(d) Permanent Management Plan.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall create a
comprehensive management plan for the Clear Creek Recreation Area
that--
(1) shall describe the appropriate uses and management of
the Recreation Area in accordance with this Act;
(2) shall be prepared in consultation with--
(A) appropriate Federal, State, and local agencies
(including San Benito, Monterey, and Fresno Counties);
(B) adjacent land owners; and
(C) other stakeholders (including conservation and
recreational organizations);
(3) shall include a hazards education program to inform
people entering the Recreation Area of the asbestos related
risks associated with various activities within the Recreation
Area, including, but not limited to, off-highway vehicle
recreation;
(4) shall include a user fee program for motorized vehicle
use within the Recreational Area and guidelines for the use of
the funds collected for the management and improvement of the
Recreation Area;
(5) may incorporate any appropriate decisions, as
determined by the Secretary, in accordance with this Act, that
are contained in any management or activity plan for the area
completed before the date of the enactment of this Act;
(6) may incorporate appropriate wildlife habitat management
plans or other plans prepared for the land within or adjacent
to the Recreation Area before the date of the enactment of this
Act, in accordance with this Act;
(7) may use information developed under any studies of land
within or adjacent to the Recreation Area carried out before
the date of enactment of this Act; and
(8) may include cooperative agreements with State or local
government agencies to manage all or a portion of the
recreational activities within the Recreation Area in
accordance with an approved management plan and the
requirements of this Act.
(e) Acquisition of Property.--
(1) In general.--The Secretary may acquire land adjacent to
the National Recreation Area by purchase from willing sellers,
donation, or exchange.
(2) Management.--Any land acquired under paragraph (1)
shall be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including
regulations).
(3) Improved access.--The Secretary may acquire by purchase
from willing sellers, donation, exchange, or easement, land, or
interest in land to improve public safety in providing access
to the Recreation Area.
(f) Private Property.--
(1) Access to private property.--
(A) In general.--The Secretary shall provide
landowners adequate access to inholdings within the
Recreation Area.
(B) Inholdings.--For access purposes, private land
adjacent to the Recreation Area to which there is no
other practicable access except through the Recreation
Area shall be managed as an inholding.
(2) Use of private property.--Nothing in this Act affects
the ownership, management, or other rights relating to any non-
Federal land (including any interest in any non-Federal land).
(3) Buffer zones.--Nothing in this Act creates a protective
perimeter or buffer zone around the Recreation Area.
(4) Valid rights.--Nothing in this Act affects any
easements, rights-of-way, and other valid rights in existence
on the date of the enactment of this Act.
(g) Water Right Exclusion.--Nothing in this Act--
(1) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the Recreation Area; or
(2) shall affect any water rights existing on the date of
the enactment of this Act.
(h) Hunting and Fishing.--Nothing in this Act--
(1) limits hunting or fishing; or
(2) affects the authority, jurisdiction, or responsibility
of the State to manage, control, or regulate fish and resident
wildlife under State law (including regulations), including the
regulation of hunting or fishing on public land managed by the
Bureau of Land Management.
(i) Motorized Vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond to an
emergency, the use of motorized vehicles on public land in the
Recreation Area shall be permitted only on roads, trails, and areas
designated by the management plan for the use by motorized vehicles.
(j) Grazing.--In the Recreation Area, the grazing of livestock in
areas in which grazing is allowed as of the date of the enactment of
this Act shall be allowed to continue, consistent with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any regulations promulgated by the Secretary, acting
through the Director of the Bureau of Land Management.
(k) Withdrawal.--Subject to valid existing rights, all Federal land
within the Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(l) Fees.--Amounts received by the Secretary under the fee
structure required by subsection (c)(3)(G) shall be--
(1) deposited in a special account in the Treasury of the
United States; and
(2) made available until expended, without further
appropriation, to the Secretary for use in the Recreation Area.
(m) Risk Standard.--The National Oil and Hazardous Substances
Pollution Contingency Plan (40 C.F.R. 300), published pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the
Secretary's management of asbestos exposure risks faced by the public
when recreating within the Clear Creek Recreation Area described in
section 3(b).
SEC. 5. JOAQUIN ROCKS WILDERNESS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
approximately 21,000 acres of Federal lands located in Fresno County
and San Benito County, California, and generally depicted on a map
entitled ``Proposed Joaquin Rocks Wilderness'' and dated March 11,
2012, is designated as wilderness areas and as components of the
National Wilderness Preservation System and shall be known as the
``Joaquin Rocks Wilderness''.
SEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following paragraphs:
``(208) Larious canyon.--The approximately 5.25 miles of
Larious Canyon Creek from its source near Idria Peak in Section
6, R12E, T18S, to the boundary of the Clear Creek Special
Recreation Management Area in Section 23, R11E, T17S.
``(209) San carlos creek.--The approximately 5.51 miles of
the East Fork San Carlos Creek from its source near San Benito
Mountain in Section 10, R12E, T18S, to the boundary of the
Clear Creek Special Recreation Management Area in Section 22,
R12E, T17S.
``(210) Cantua creek.--The approximately 7.68 miles of
Cantua Creek from its source north of Santa Rita Peak in
Section 24, R12E, T18S, to the public land boundary in Section
3, R13E, T18S.
``(211) Picacho creek.--The approximately 2.65 miles of
Picacho Creek, from its source spring in Section 20, R12E,
T18S, to its confluence with the San Benito River.
``(212) White creek and tributaries.--
``(A) The approximately 5.37 miles of White Creek,
from its source in Section 36, R12E, T18S, to the
boundary of the Clear Creek Special Recreation
Management Area in Section 17, R13E, T19S.
``(B) The approximately 2.29 miles of the unnamed
tributary of White Creek from its source just south of
Spanish Lake in Section 29, R13E, T18S, to its
confluence with White Creek.
``(C) The approximately 2.45 miles of the unnamed
tributary of White Creek from its source in Section 33,
R13E, T18S, to its confluence with White Creek.''. | Clear Creek National Recreation Area and Conservation Act of 2012 - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources.
Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area.
Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act.
Requires landowners to be provided with adequate access to inholdings within the Recreation Area.
Permits livestock grazing to be allowed to continue in areas in which it is allowed.
Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness areas and components of the National Wilderness Preservation System.
Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System. | To establish the Clear Creek National Recreation Area in the State of California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Technology
Manufacturing and Export Assistance Act of 2011''.
SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE
PROGRAM.
(a) Definitions.--In this section:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology related to the production, use,
transmission, storage, control, or conservation of energy that
is designed to--
(A) reduce the need for additional energy
supplies--
(i) by using existing energy supplies with
greater efficiency; or
(ii) by transmitting, distributing, or
transporting energy with greater effectiveness
through the infrastructure of the United
States;
(B) diversify the sources of the energy supply of
the United States to strengthen energy security and to
increase supplies of energy with a favorable balance of
environmental effects if the entire technology system
is considered; or
(C) contribute to a stabilization of atmospheric
greenhouse gas concentrations through reduction,
avoidance, or long-term sequestration of energy-related
emissions.
(2) Small- and medium-sized businesses.--The term ``small-
and medium-sized businesses'' means businesses with not more
than 500 employees.
(3) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for International Trade of the Department
of Commerce.
(b) Establishment.--The Secretary of Commerce shall establish a
Clean Energy Technology Manufacturing and Export Assistance Program, to
be carried out by the Under Secretary, for the purposes of--
(1) promoting policies to reduce production costs and
encourage innovation, investment, and productivity among
businesses in the United States that produce or export clean
energy technologies or related services;
(2) implementing a national strategy with respect to the
exportation of clean energy technologies and related services
from the United States; and
(3) ensuring that businesses in the United States that
produce or export clean energy technologies or related
services, including suppliers of parts for the production of
clean energy technologies and engineering and design firms,
have the information and assistance necessary--
(A) to be competitive; and
(B) to create and maintain clean energy technology
jobs in the United States.
(c) Assistance.--
(1) In general.--The Under Secretary shall, consistent with
the National Export Initiative (established by Executive Order
13534 (75 Fed. Reg. 12433)), provide information and other
assistance under the program established under subsection (b)
to businesses in the United States, particularly small- and
medium-sized businesses, to promote the production and
exportation of clean energy technologies and related services.
(2) Types of assistance.--The assistance provided under
paragraph (1) shall include--
(A) analyzing and making recommendations with
respect to policies to reduce production costs and
encourage innovation, investment, and productivity
among businesses in the United States that produce or
export clean energy technologies or related services;
(B) providing information to businesses in the
United States with respect to--
(i) the process of exporting clean energy
technologies and related services to foreign
countries;
(ii) opportunities for the exportation of
such technologies and services to foreign
countries;
(iii) tailoring their products and
activities to the needs of specific markets in
foreign countries; and
(iv) conducting business in foreign
countries, including with respect to the
financing, marketing, and assembly of exported
products and other logistics with respect to
those products; and
(C) assisting businesses in the United States in
expressing their views and providing input with respect
to any policy developments relating to the production
or exportation of clean energy technologies or related
services.
(d) Reports to Congress.--
(1) Report on implementation of program.--Not later than
180 days after the date of the enactment of this Act, the Under
Secretary shall submit to Congress a report describing how the
program established under subsection (b) will be used to--
(A) encourage the production and exportation of
clean energy technologies and related services in the
United States;
(B) encourage the creation and maintenance of clean
energy technology jobs in the United States; and
(C) benefit small- and medium-sized businesses in
the United States.
(2) Report on effectiveness of program.--Not later than
January 1, 2015, the Under Secretary shall submit to Congress a
report on the program established under subsection (b) that
includes--
(A) an assessment of the extent to which the
program has been successful--
(i) in analyzing and making recommendations
with respect to policies to reduce production
costs and encourage innovation, investment, and
productivity among businesses in the United
States that produce or export clean energy
technologies or related services;
(ii) in increasing the competitiveness of
businesses in the United States that export
clean energy technologies or related services
to foreign countries;
(iii) in assisting businesses in the United
States, particularly small- and medium-sized
businesses, in exporting clean energy
technologies and related services;
(iv) in creating and maintaining clean
energy technology jobs in the United States;
and
(v) in assisting businesses in the United
States in expressing their views and providing
input with respect to any policy developments
relating to the production or exportation of
clean energy technologies or related services;
(B) detailed information with respect to the
nature, location, and duration of any jobs created or
maintained as a result of the program established under
subsection (b) and a description of the methodology
used by the Under Secretary to compile that
information; and
(C) any recommendations with respect to continuing
or improving the program. | Clean Energy Technology Manufacturing and Export Assistance Act of 2011 - Requires the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, to be carried out by the Under Secretary for International Trade, to: (1) promote policies to reduce production costs and encourage innovation, investment, and productivity among businesses in the United States that produce or export clean energy technologies or related services; (2) implement a national strategy with respect to the exportation of such technologies and related services; and (3) ensure that such businesses, including suppliers of parts for the production of such technologies and engineering and design firms, have the information and assistance necessary to be competitive and to create and maintain clean energy technology jobs.
Defines "clean energy technology" to means a technology related to the production, use, transmission, storage, control, or conservation of energy that is designed to: (1) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness; (2) diversify the sources of the energy supply of the United States to strengthen energy security and to increase supplies of energy with a favorable balance of environmental effects if the entire technology system is considered; or (3) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or long-term sequestration of energy-related emissions.
Requires the Under Secretary, consistent with the National Export Initiative, to provide information and other assistance under the Program to businesses, particularly businesses with no more than 500 employees, to promote the production and exportation of such technologies and related services. | A bill to require the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Serving Everyone with Reliable,
Vital Internet, Communications, and Education Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Today's telecommunications market offers consumers an
array of social, economic, and educational communications.
(2) Communications today also offer Americans better access
to emergency assistance.
(3) It is essential to the Nation's continued progress for
all sectors of the population to have adequate access to
telecommunications. America must work to reduce and ultimately
eliminate the harmful technological divide.
(4) The Congress reaffirms the Nation's public policy
commitment to providing universal service. All consumers should
have access to high-quality telecommunications services at
affordable rates.
SEC. 3. UNIVERSAL SERVICE.
Subsection (j) of section 254 of the Communications Act of 1934 (47
U.S.C. 254) is amended to read as follows:
``(j) Lifeline Assistance; Link Up America.--
``(1) Purposes.--The purposes of this subsection are--
``(A) to advance universal service; and
``(B) to ensure that high-quality
telecommunications services and other evolving
telecommunication technologies, such as Internet access
and broadband services, are available to low-income
consumers at just, reasonable, and affordable rates.
``(2) Continuation and expansion of programs.--For the
purposes described in paragraph (1), the Commission--
``(A) shall continue in effect the Lifeline
Assistance Program and the Link Up Program; and
``(B) expand such programs under paragraph (3).
``(3) Expansion.--The Commission shall expand the
assistance provided through the Lifeline Assistance Program and
the Link Up Program by allowing low-income consumers
participating in such programs to choose to use such assistance
for any one of the following:
``(A) Wire or wireless telephone service.
``(B) Internet access service.
``(C) Wire or wireless broadband service.
``(D) Any evolving technology the Commission deems
consistent with the purposes described in paragraph
(1).
``(4) Rule of construction.--This subsection shall not be
construed--
``(A) to affect any program under this section
other than the Lifeline Assistance Program or the Link
Up Program; or
``(B) except as inconsistent with the provisions of
this subsection, to affect the authority of the
Commission to make modifications to the Lifeline
Assistance Program or the Link Up Program.
``(5) Definitions.--In this subsection:
``(A) The term `broadband service' means high-speed
Internet access service--
``(i) offering integrated access to voice
communications, high-speed data service, video-
demand services, and interactive delivery
services; and
``(ii) transmitting data at speeds
exceeding 200 kilobits per second, in at least
one direction, from the user's computer to the
Internet or from the Internet to the user's
computer.
``(B) The term `Lifeline Assistance Program' means
the Lifeline Assistance Program provided for by the
Commission under subpart E of title 47, Code of Federal
Regulations (and any related or successor regulations).
``(C) The term `Link Up Program' means the Link Up
Program provided for by the Commission under subpart E
of title 47, Code of Federal Regulations (and any
related or successor regulations).''.
SEC. 4. STUDY.
(a) Study.--Not later than May 1, 2008, the Federal Communications
Commission shall conduct a study and submit a report to the Congress on
the following:
(1) The necessary benefit level for a household
participating in the Lifeline Assistance Program or the Link Up
Program which will encourage low-income consumers to seek
broadband service.
(2) Projections on the potential of new broadband service
consumers who would seek this service if economically
accessible.
(3) Industry requirements to provide broadband service
access in underserved areas.
(4) Data that accurately illustrates the extent of current
deployment of broadband service to residential users.
(5) Policy proposals conducive to addressing gaps in
broadband service availability.
(b) Definitions.--In this section, the terms ``broadband service'',
``Lifeline Assistance Program'', and ``Link Up Program'' have the
meanings given to those terms in section 254(j) of the Communications
Act of 1934, as amended by section 3 of this Act. | Serving Everyone with Reliable, Vital Internet, Communications, and Education Act of 2007 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to expand the Lifeline Assistance Program and the Link Up Program. Requires a report to Congress on the benefit level for the programs that will encourage low-income consumers to seek broadband service, projections on potential broadband consumers if the service was economically feasible, industry requirements to provide broadband service in underserved areas, and policy proposals regarding gaps in broadband availability. | To amend the Communications Act of 1934 to continue in effect and expand the Lifeline Assistance Program and the Link Up Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Savings Act of 2012''.
SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM.
(a) In General.--The Undersecretary of Defense (Comptroller) shall
carry out a 5-year pilot program to develop innovative consumer
financial products that encourage savings and wealth-creation among
active-duty servicemembers.
(b) Objectives.--Financial products developed under this section
may seek to--
(1) increase the rate of savings among active-duty
servicemembers by providing automatic deposit into a savings
account of special pay and allowances received by a
servicemember, including special pay and allowances received on
account of the servicemember's deployment;
(2) reduce the need for high-cost short-term lending
services by providing alternatives to servicemembers, such as
financial institutions providing an option for servicemembers
to receive advances on their salary payments, such that
servicemembers receive pay in more frequent installments, and
where any interest or fees on such advances shall not exceed
the rate described in section 987(b) of title 10, United States
Code and shall adhere to the Affordable Small Dollar Lending
Guidelines of the Federal Deposit Insurance Corporation;
(3) address obstacles to traditional consumer banking and
lending for servicemembers with limited credit history; and
(4) otherwise encourage savings and wealth-creation among
active-duty servicemembers.
(c) No Exacerbation of Credit Overextension.--The pilot program
carried out under this section shall be carried out in such a way that
it does not exacerbate the incidence of credit overextension among
servicemembers.
(d) Implementation.--
(1) Selection of military installations.--The
Undersecretary shall choose at least 10 military installations
on which to implement the pilot program.
(2) Incorporation into operating agreements.--With respect
to a military installation chosen by the Undersecretary under
paragraph (1), a financial institution seeking to begin
operating on such installation, or seeking to renew an
agreement to operate on such installation, shall--
(A) agree to offer the consumer financial products
developed under this section; and
(B) notify servicemembers that are customers of the
institution about the availability of the consumer
financial products developed under this section.
(e) Consultation.--In developing consumer financial products under
this section, the Undersecretary shall consult with Federal banking
regulators with expertise in depository institutions, Federal agencies
with experience regulating financial products, and consumer and
military service organizations with relevant financial expertise.
(f) Independent Evaluation.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date of the enactment of this Act, and
annually thereafter until the end of the pilot program, the
Undersecretary shall contract for an independent evaluation of
the pilot program carried out under this section. Such
evaluation--
(A) shall include the degree to which the pilot
program succeeded in the goals of increasing usage of
savings products, programs, and tools; and
(B) shall be conducted by a contractor with
knowledge of consumer financial products and experience
in the evaluation of such products.
(2) Report.--After each evaluation carried out pursuant to
paragraph (1), the Undersecretary shall issue a report to the
Committees on Armed Services and Financial Services of the
House of Representatives and the Committees on Armed Services
and Banking, Housing, and Urban Affairs of the Senate
containing all findings and conclusions made by the contractor
in carrying out such evaluation.
(g) Expansion of Pilot Program.--Notwithstanding subsection (a),
the Undersecretary may expand the pilot program, including extending
the duration of the program and expanding the program to make it a
nationwide program, to the extent determined appropriate by the
Undersecretary, if the Undersecretary determines that such expansion is
expected to--
(1) improve the rates of savings among servicemembers and
their families; or
(2) decrease the need for servicemembers and their families
to rely on payday lenders without exacerbating credit
overextension.
(h) Financial Institution Defined.--For purposes of this section,
the term ``financial institution'' means an insured depository
institution (as defined under section 3(c)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)(2))) or a credit union. | Military Savings Act of 2012 - Directs the Undersecretary of Defense (Comptroller) to carry out a five-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. Requires the program to be carried out in such a way that it does not exacerbate the incidence of servicemember credit overextension. Directs the Undersecretary to choose at least 10 military installations at which to implement the program.
Directs the Undersecretary to contract for an annual independent program evaluation until its termination.
Allows the Undersecretary, under certain conditions, to expand the program to a nationwide program and to extend its duration. | To direct the Undersecretary of Defense (Comptroller) to carry out a pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghanistan and Central Asian
Republics Sustainable Food Production Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) abject poverty and the inability to produce food, even
at the subsistence level, in the rural, mountainous areas of
Afghanistan and the Central Asian Republics have plagued the
region for over 20 years;
(2) extended food shortages in this region have resulted in
the consumption of seed supplies and breeding livestock
necessary to continue farming and food production;
(3) ongoing and violent conflict in the region has badly
damaged or destroyed the basic irrigation systems necessary for
food production;
(4) despite the delivery of over $185,000,000 in aid from
the United States in fiscal year 2001 toward humanitarian
assistance needs in Afghanistan, millions of people remain at
risk of severe malnutrition and starvation in the short- and
long-terms;
(5) on October 4, 2001, President George W. Bush announced
that the people of Afghanistan, and the governments of
Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will
receive an additional $320,000,000 humanitarian assistance
package for emergency food and refugee assistance to address
the region's immediate needs during the war on terrorism; and
(6) in addition to addressing short-term emergency
assistance needs in Afghanistan and the mountainous regions of
the Central Asian Republics, addressing the long-term food
production and rural development issues in region will be
critical to attaining some stability in the region.
SEC. 3. ASSISTANCE.
(a) Assistance.--The Administrator of the United States Agency for
International Development shall provide assistance in accordance with
the provisions of this Act to develop sustainable food production for
Afghanistan and the mountainous regions of other countries of Central
Asia through restocking seed, replacing breeding livestock, restoring
basic irrigation systems, and providing access to credit for food
production, processing, or marketing enterprises through rural
microenterprise loan programs.
(b) Program Objectives.--
(1) In general.--In providing assistance under subsection
(a), the Administrator shall provide only grants to
nongovernmental organizations for the purpose of carrying out
the activities described in paragraph (2) in Afghanistan and
the other countries of Central Asia in accordance with this
section.
(2) Activities supported.--
(A) In general.--Among the activities for which the
Administrator may provide grants shall be--
(i) procurement of seed for local food
production;
(ii) replacement of breeding livestock;
(iii) restoration of basic irrigation
systems;
(iv) establishment of access to credit for
food production, processing, or marketing
enterprises through rural microenterprise loan
programs; and
(v) providing technical assistance.
(B) Limitation.--Amounts received under a grant
shall not be used to carry out activities related to
emergencies or disasters.
(3) Applications.--A nongovernmental organization that
desires to receive a grant under this section shall submit an
application for the grant to the Administrator. The application
should be developed by the nongovernmental organization in
close consultation with local indigenous entities, or
associated persons of a village or villages, located in the
country within which the activities supported by the grant will
be carried out.
(4) Implementation of program objectives.--In carrying out
the objectives of paragraph (1), the Administrator shall--
(A) coordinate the activities with governments of
other countries authorized to receive grants under this
section, local and regional governments of such
countries, nongovernmental organizations operating in
such countries, and private donors;
(B) provide minimal supplementary grants for
associated administrative costs to the national and
regional governments of the country for which grants to
nongovernmental organizations are approved under this
section;
(C) provide oversight of grants disbursed under
this section, including procedures under which a
nongovernmental organization that misuses grant funds
or otherwise fails to adequately carry out the
activities described in paragraph (2) should be
disqualified from receiving additional grants under
this section for not less than 1 year; and
(D) coordinate efforts with national, regional, and
local government officials to conduct an annual review
of disbursement of grant funds and the effectiveness of
activities carried out with grant funds.
(c) Restriction Relating to the Use of United States Funds in
Afghanistan.--Funds made available under this Act shall not be used
during a fiscal year for any activity in Afghanistan which is described
in subsection (b)(2) unless the Secretary of State certifies for the
fiscal year that there has been substantial progress made toward the
establishment of a government in Afghanistan that meets the following
requirements:
(1) The government includes broad representation from the
diverse ethnic and religious groups of Afghanistan, including
both men and women from such groups.
(2) The government does not sponsor terrorism or harbor
terrorists.
(3) The government demonstrates a strong and determined
commitment to eliminating the production of opium-producing
poppies.
(4) The government meets the conditions outlined in the
United Nations Universal Declaration of Human Rights.
SEC. 4. ADMINISTRATION.
It is the sense of the Congress that the Administrator should
establish--
(1) criteria for the selection of projects to receive
support under this Act;
(2) standards and criteria regarding qualifications of
recipients of such support;
(3) such rules and procedures as may be necessary for
projects that receive support under this Act;
(4) such rules and procedures as may be necessary to ensure
transparency and accountability in the grant-making process;
and
(5) criteria for an annual review process for all projects
receiving grants.
SEC. 5. REPORTS TO CONGRESS.
(a) Annual Reports by Administrator.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
subsequent 4 fiscal years, the Administrator shall submit to
the appropriate committees of Congress a report on the
implementation of this Act.
(2) Report elements.--The report shall include a
description of--
(A) the programs, projects, and activities
supported by grants made under this Act;
(B) the criteria that have been established that
are used to determine the programs and activities that
should be assisted by grants made under this Act;
(C) an assessment regarding the extent to which the
Government of Afghanistan does or does not meet the
requirements of section 3(c) for that fiscal year; and
(D) with respect to a fiscal year for which
Afghanistan is eligible to receive a grant under
section 3, the impact of programming on food production
and rural development in Afghanistan.
(b) GAO Report on Effectiveness.--Not later than 2 years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of Congress a
report evaluating the effectiveness of grants made under this Act,
including the effectiveness of the programs, projects, and activities
described in subsection (a)(2)(A) in building sustainable food
production and rural microenterprise loans in the countries authorized
to receive grants under this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other funds authorized to be appropriated for
bilateral programs related to sustainable food production and
microenterprise systems, there is authorized to be appropriated to the
Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each
of the fiscal years 2003 through 2006 to carry out this Act. Of the
amount appropriated pursuant to the authorization of appropriations
under the preceding sentence for a fiscal year 60 percent should be
designated for grants for Afghanistan.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives.
(3) Other countries of central asia.--The term ``other
countries of Central Asia'' means Kyrgyzstan, Pakistan,
Tajikistan, Turkmenistan, and Uzbekistan. | Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan. | To provide assistance to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hereditary Hemorrhagic
Telangiectasia Diagnosis and Treatment Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Hereditary hemorrhagic telangiectasia (``HHT'') is a
largely undiagnosed or misdiagnosed vascular genetic bleeding
disorder that causes abnormalities of the blood vessels. A
person with HHT has the tendency to form blood vessels that
lack the capillaries between an artery and vein. HHT can cause
spontaneous hemorrhage or stroke when brain or lung
arteriovenous malformations, which are tangled blood vessels,
rupture unexpectedly in all age groups. In addition to
hemorrhagic stroke, embolic stroke, and brain abscess occur in
approximately 30 percent of individuals with HHT caused by
artery-vein malformations in the lung (due to lack of
capillaries between the arterial and venous systems which
prevent or normally filter out clots and bacteria), causing
disability and sudden premature death.
(2) One in 5,000 American children and adults suffer from
HHT.
(3) Studies have found an increase in morbidity and
mortality rate for individuals who suffer from HHT.
(4) Due to the widespread lack of knowledge, accurate
diagnosis, and appropriate intervention, 90 percent of HHT-
affected families are at risk for preventable life-threatening
and disabling medical incidents such as stroke.
(5) Early detection, screening, and treatment can prevent
premature deaths, spontaneous hemorrhage, hemorrhagic stroke,
embolic stroke, brain abscess, and other long-term health care
complications resulting from HHT.
(6) HHT is an important health condition with serious
health consequences which are amenable to early identification
and diagnosis with suitable tests, and acceptable and available
treatments in established treatment centers.
(7) Timely identification and management of HHT cases is an
important public health objective because it will save lives,
prevent disability, and reduce direct and indirect health care
costs expenditures.
(8) Without a new program for early detection, screening,
and treatment, 14,000 children and adults who suffer from HHT
in the population today will suffer premature death and
disability.
SEC. 3. PURPOSE.
The purpose of this Act is to create a federally led and financed
initiative for early diagnosis and appropriate treatment of hereditary
hemorrhagic telangiectasia that will result in the reduction of the
suffering of families, prevent premature death and disability, and
lower health care costs through proven treatment interventions.
SEC. 4. NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) HHT Initiative.--
``(1) Establishment.--The Secretary shall establish and
implement an HHT initiative to assist in coordinating
activities to improve early detection, screening, and treatment
of people who suffer from HHT. Such initiative shall focus on--
``(A) advancing research on the causes, diagnosis,
and treatment of HHT, including through the conduct or
support of such research; and
``(B) increasing physician and public awareness of
HHT.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with the Director of the National
Institutes of Health and the Director of the Centers for
Disease Control and Prevention.
``(b) HHT Coordinating Committee.--
``(1) Establishment.--Not later than 60 days after the date
of the enactment of this section, the Secretary, in
consultation with the Director of the National Institutes of
Health, shall establish a committee to be known as the HHT
Coordinating Committee.
``(2) Membership.--
``(A) In general.--The members of the Committee
shall be appointed by the Secretary, in consultation
with the Director of the National Institutes of Health,
and shall consist of 12 individuals who are experts in
HHT or arteriovenous malformation (AVM) as follows:
``(i) Four representatives of HHT Treatment
Centers of Excellence designated under section
317U(c)(1).
``(ii) Four experts in vascular, molecular,
or basic science.
``(iii) Four representatives of the
National Institutes of Health.
``(B) Chair.--The Secretary shall designate the
Chair of the Committee from among its members.
``(C) Interim members.--In place of the 4 members
otherwise required to be appointed under paragraph
(2)(A)(i), the Secretary may appoint 4 experts in
vascular, molecular, or basic science to serve as
members of the Committee during the period preceding
designation and establishment of HHT Treatment Centers
of Excellence under section 317U.
``(D) Publication of names.--Not later than 30 days
after the establishment of the Committee, the Secretary
shall publish the names of the Chair and members of the
Committee on the Website of the Department of Health
and Human Services.
``(E) Terms.--The members of the Committee shall
each be appointed for a 3-year term and, at the end of
each such term, may be reappointed.
``(F) Vacancies.--A vacancy on the Committee shall
be filled by the Secretary in the same manner in which
the original appointment was made.
``(3) Responsibilities.--The Committee shall develop and
coordinate implementation of a plan to advance research and
understanding of HHT by--
``(A) conducting or supporting basic,
translational, and clinical research on HHT across the
relevant national research institutes, national
centers, and offices of the National Institutes of
Health, including the National Heart, Lung, and Blood
Institute; the National Institute of Neurological
Disorders and Stroke; the National Institutes of
Diabetes and Digestive and Kidney Diseases; the Eunice
Kennedy Shriver National Institute of Child Health and
Human Development; the National Cancer Institute; and
the Office of Rare Diseases; and
``(B) conducting evaluations and making
recommendations to the Secretary, the Director of the
National Institutes of Health, and the Director of the
National Cancer Institute regarding the prioritization
and award of National Institutes of Health research
grants relating to HHT, including with respect to
grants for--
``(i) expand understanding of HHT through
basic, translational, and clinical research on
the cause, diagnosis, prevention, control, and
treatment of HHT;
``(ii) training programs on HHT for
scientists and health professionals; and
``(iii) HHT genetic testing research to
improve the accuracy of genetic testing.
``(c) Definitions.--In this section:
``(1) The term `Committee' means the HHT Coordinating
Committee established under subsection (b).
``(2) The term `HHT' means hereditary hemorrhagic
telangiectasia.''.
SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION.
Part B of title III of the Public Health Service Act is amended by
inserting after section 317T (42 U.S.C. 247b-22) the following:
``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) In General.--With respect to hereditary hemorrhagic
telangiectasia (in this section referred to as `HHT'), the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the `Director') shall carry out the following
activities:
``(1) The conduct of population screening described in
subsection (c).
``(2) The identification and conduct of investigations to
further develop and support guidelines for diagnosis of, and
intervention for, HHT, including cost-benefit studies.
``(3) The development of a standardized survey and
screening tool on family history.
``(4) The establishment, in collaboration with a voluntary
health organization representing HHT families, of an HHT
resource center within the Centers for Disease Control and
Prevention to provide comprehensive education on, and
disseminate information about, HHT to health professionals,
patients, industry, and the public.
``(5) The conduct or support of public awareness programs
in collaboration with medical, genetic, and professional
organizations to improve the education of health professionals
about HHT.
``(b) Collaborative Approaches.--The Director shall carry out this
section through collaborative approaches within the National Center on
Birth Defects and Developmental Disabilities and the Division for Heart
Disease and Stroke Prevention of the Centers for Disease Control and
Prevention.
``(c) Population Screening.--In carrying out population screening
under subsection (a)(1), the Director shall--
``(1) designate and provide funding for a sufficient number
of HHT Treatment Centers of Excellence to improve patient
access to information, treatment, and care by HHT experts;
``(2) conduct surveillance through a regional population
study, supplemented by sentinel health care provider or center
surveillance, and administrative database analyses as useful to
accurately identify--
``(A) the prevalence of HHT; and
``(B) the prevalence of hemorrhagic and embolic
stroke and brain abscess, resulting from HHT;
``(3) include HHT screening questions in the Behavioral
Risk Factor Surveillance System survey conducted by the Centers
for Disease Control and Prevention in order to screen a broader
population and more accurately determine the prevalence of HHT;
``(4) disseminate data collected under paragraph (2)(B) to
the Paul Coverdell National Acute Stroke Registry, to be
utilized for analyses of natural history of hemorrhagic and
embolic stroke in HHT, and to develop screening and artery-vein
malformation treatment guidelines specific to prevention of
complications from HHT;
``(5) develop and implement programs, targeted for
physicians and health care professional groups likely to be
accessed by families with HHT, to increase HHT diagnosis and
treatment rates through the--
``(A) establishment of a partnership with HHT
Treatment Centers of Excellence designated under
paragraph (1) through the creation of an international
database of patients assessed at such HHT Treatment
Centers of Excellence (including with respect to
phenotype information, genotype information,
transfusion dependence, and radiological findings);
``(B) integration of such database with the
universal data collection system used by the Centers
for monitoring hemophilia with the blood disorders and
the Paul Coverdell National Acute Stroke Registry; and
``(C) inclusion of other medical providers who
treat HHT patients; and
``(6) use existing administrative databases on non-HHT
Treatment Center of Excellence patients to learn about the
natural history of HHT, the efficacy of various treatment
modalities, and to better inform and develop screening and
treatment guidelines associated with improvement in health care
outcomes, and research priorities relevant to HHT.
``(d) Eligibility for Designation as HHT Treatment Center of
Excellence.--In carrying out subsection (c)(1), the Director may
designate as an HHT Treatment Center of Excellence only academic health
centers demonstrating each of the following:
``(1) The academic health center possesses a team of
medical experts capable of providing comprehensive evaluation,
treatment, and education to individuals with known or suspected
HHT and their health care providers.
``(2) The academic health center has sufficient personnel
with knowledge about HHT, or formal collaboration with
partnering organizations for personnel or resources, to be able
to--
``(A) respond in a coordinated, multidisciplinary
way to patient inquiries; and
``(B) coordinate evaluation, treatment, and
education of patients and their families in a timely
manner.
``(3) The academic health center has the following
personnel, facilities, and patient volume:
``(A) A medical director with--
``(i) specialized knowledge of the main
organ manifestations of HHT; and
``(ii) the ability to coordinate the
multidisciplinary diagnosis and treatment of
patients referred to the center.
``(B) Administrative staff with--
``(i) sufficient knowledge to respond to
patient inquiries and coordinate patient care
in a timely fashion; and
``(ii) adequate financial support to allow
the staff to commit at least 25 to 50 percent
of their time on the job to HHT.
``(C) An otolaryngologist with experience and
expertise in the treatment of recurrent epistaxis in
HHT patients.
``(D) An interventional radiologist with experience
and expertise in the treatment of pulmonary
arteriovenous malformations (AVM).
``(E) A genetic counselor or geneticist with the
expertise to provide HHT-specific genetic counseling to
patients and families.
``(F) On-site facilities to screen for all major
organ manifestations of HHT.
``(G) A patient volume of at least 25 new HHT
patients per year.
``(H) Established mechanisms to coordinate
surveillance and outreach with HHT patient advocacy
organizations.''.
SEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.
With respect to hereditary hemorrhagic telangiectasia (in this sec
referred to as ``HHT''), the Secretary of Health and Human Services,
acting through the Administrator of the Centers for Medicare & Medicaid
Services, shall award grants on a competitive basis--
(1) for an analysis by grantees of the Medicare Provider
Analysis and Review (MEDPAR) file to develop preliminary
estimates on the total costs to the Medicare program under
title XVIII of the Social Security Act for items, services, and
treatments for HHT furnished to individuals with HHT who are
entitled to benefits under part A of title XVIII of the Social
Security Act or enrolled under part B of such title; and
(2) to make recommendations regarding an enhanced data
collection protocol to permit a more precise determination of
the total costs described in paragraph (1).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out section 409K of the Public Health
Service Act as added by section 4 of this Act, section 317U of the
Public Health Service Act as added by section 5 of this Act, and
section 6 of this Act, there is authorized to be appropriated
$5,000,000 for each of fiscal years 2012 through 2016.
(b) Resource Center.--Of the amount authorized to be appropriated
under subsection (a) for each of fiscal years 2012 through 2016,
$1,000,000 shall be for carrying out section 317U(a)(4) of the Public
Health Service Act, as added by section 5 of this Act. | Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a vascular genetic bleeding disorder that causes abnormalities of the blood vessels) initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT.
Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence.
Requires the Administrator of the Centers for Medicare & Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the totals costs to Medicare for items, services, and treatments for HHT; and (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs. | A bill to amend the Public Health Service Act to improve the diagnosis and treatment of hereditary hemorrhagic telangiectasia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent
Coin Redesign Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Abraham Lincoln, the 16th President, was one of the
Nation's greatest leaders, demonstrating true courage during
the Civil War, one of the greatest crises in the Nation's
history.
(2) Born of humble roots in Hardin County, Kentucky, on
February 12, 1809, Abraham Lincoln rose to the Presidency
through a combination of honesty, integrity, intelligence, and
commitment to the United States.
(3) With the belief that all men are created equal, Abraham
Lincoln led the effort to free all slaves in the United States.
(4) Abraham Lincoln had a generous heart, with malice
toward none and with charity for all.
(5) Abraham Lincoln gave the ultimate sacrifice for the
country he loved, dying from an assassin's bullet on April 15,
1865.
(6) All Americans could benefit from studying the life of
Abraham Lincoln, for Lincoln's life is a model for
accomplishing the ``American dream'' through honesty,
integrity, loyalty, and a lifetime of education.
(7) The year 2009 will be the bicentennial anniversary of
the birth of Abraham Lincoln.
(8) Abraham Lincoln was born in Kentucky, grew to adulthood
in Indiana, achieved fame in Illinois, and led the nation in
Washington, D.C.
(9) The so-called ``Lincoln cent'' was introduced in 1909
on the 100th anniversary of Lincoln's birth, making the obverse
design the most enduring on the nation's coinage.
(10) President Theodore Roosevelt was so impressed by the
talent of Victor David Brenner that the sculptor was chosen to
design the likeness of President Lincoln for the coin, adapting
a design from a plaque Brenner had prepared earlier.
(11) In the nearly 100 years of production of the ``Lincoln
cent'', there have been only 2 designs on the reverse: the
original, featuring 2 wheat-heads in memorial style enclosing
mottoes, and the current representation of the Lincoln Memorial
in Washington, D.C.
(12) On the occasion of the bicentennial of President
Lincoln's birth and the 100th anniversary of the production of
the Lincoln cent, it is entirely fitting to issue a series of
1-cent coins with designs on the reverse that are emblematic of
the 4 major periods of President Lincoln's life.
SEC. 3. REDESIGN OF LINCOLN CENT FOR 2009.
(a) In General.--During the year 2009, the Secretary of the
Treasury shall issue 1-cent coins in accordance with the following
design specifications:
(1) Obverse.--The obverse of the 1-cent coin shall continue
to bear the Victor David Brenner likeness of President Abraham
Lincoln.
(2) Reverse.--The reverse of the coins shall bear 4
different designs each representing a different aspect of the
life of Abraham Lincoln, such as--
(A) his birth and early childhood in Kentucky;
(B) his formative years in Indiana;
(C) his professional life in Illinois; and
(D) his presidency, in Washington, D.C.
(b) Issuance of Redesigned Lincoln Cents in 2009.--
(1) Order.--The 1-cent coins to which this section applies
shall be issued with 1 of the 4 designs referred to in
subsection (a)(2) beginning at the start of each calendar
quarter of 2009.
(2) Number.--The Secretary shall prescribe, on the basis of
such factors as the Secretary determines to be appropriate, the
number of 1-cent coins that shall be issued with each of the
designs selected for each calendar quarter of 2009.
(c) Design Selection.--The designs for the coins specified in this
section shall be chosen by the Secretary--
(1) after consultation with the Abraham Lincoln
Bicentennial Commission and the Commission of Fine Arts; and
(2) after review by the Citizens Coinage Advisory
Committee.
SEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009.
The design on the reverse of the 1-cent coins issued after December
31, 2009, shall bear an image emblematic of President Lincoln's
preservation of the United States of America as a single and united
country.
SEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909
PENNY.
The Secretary of the Treasury shall issue 1-cent coins in 2009 with
the exact metallic content as the 1-cent coin contained in 1909 in such
number as the Secretary determines to be appropriate for numismatic
purposes.
SEC. 6. SENSE OF THE CONGRESS.
It is the sense of the Congress that the original Victor David
Brenner design for the 1-cent coin was a dramatic departure from
previous American coinage that should be reproduced, using the original
form and relief of the likeness of Abraham Lincoln, on the 1-cent coins
issued in 2009. | Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln.
Requires the design of the reverse side, after 2009, to bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country. | A bill to provide for the redesign of the reverse of the Lincoln 1-cent coin in 2009 in commemoration of the 200th anniversary of the birth of President Abraham Lincoln. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Connect Act of 2017''.
SEC. 2. ELIGIBILITY OF TRIBAL LIBRARIES AND QUALIFYING ANCHOR
INSTITUTIONS FOR E-RATE SUPPORT.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (h)(4), by inserting ``, except as
provided in subsection (m),'' before ``is a library or library
consortium''; and
(2) by adding at the end the following:
``(m) Eligibility of Tribal Libraries and Qualifying Anchor
Institutions for E-Rate Support.--
``(1) Definitions.--In this subsection--
``(A) the term `broadband Internet access service'
has the meaning given the term in section 8.2 of title
47, Code of Federal Regulations, or any successor
regulation;
``(B) the term `E-rate program' means the universal
service program for schools and libraries authorized
under subsection (h)(1)(B), the rules of which are set
forth under subpart F of part 54 of title 47, Code of
Federal Regulations (or any successor regulation), as
authorized under subsection (h)(2)(A);
``(C) the term `E-rate support' means universal
service discounts on eligible services in accordance
with subpart F of part 54 of title 47, Code of Federal
Regulations (or any successor regulation), as
authorized under subsection (h)(2)(A);
``(D) the term `Indian tribe' has the meaning given
the term in section 20.1 of title 25, Code of Federal
Regulations, or any successor regulation; and
``(E) the term `qualifying anchor institution'
means a facility owned by an Indian tribe, including a
tribal government building, chapter house, longhouse,
community center, senior center, or other similar
public building.
``(2) Eligibility of tribal libraries for e-rate support.--
``(A) Designation of tribal libraries as libraries
eligible for e-rate support.--
``(i) In general.--An Indian tribe that is
eligible for support under section 261 of the
Library Services and Technology Act (20 U.S.C.
9161) may designate a tribal library or tribal
library consortium as a library or consortium
that is eligible for E-rate support, without
regard to whether the library or library
consortium is eligible for assistance from a
State Library Administrative Agency under the
Library Services and Technology Act (20 U.S.C.
9121 et seq.), if the library or library
consortium is eligible for support from an
Indian tribe under such section 261.
``(ii) Rule of construction.--Nothing in
clause (i) shall be construed to exempt a
tribal library from any requirement under the
E-rate program not described in that clause,
including the other requirements relating to
eligible recipients under section 54.501 of
title 47, Code of Federal Regulations (or any
successor regulation).
``(B) Tribal anchor institution demonstration
program.--
``(i) In general.--The Commission, in
consultation with the Institute of Museum and
Library Services and any other agency with
relevant responsibilities, shall establish a
pilot program to be known as the `Tribal Anchor
Institution Program', under which the
Commission shall provide E-rate support to
Indian tribes for qualifying anchor
institutions designated by the Indian tribes.
``(ii) Eligibility.--
``(I) In general.--To be eligible
to obtain E-rate support under this
subparagraph, a tribal government shall
not have an existing tribal library
eligible for the Schools and Libraries
Universal Service Support program
within the tribal community.
``(II) Requirements.--E-rate
support obtained under this
subparagraph shall only be available
for an Indian tribe if--
``(aa) the proposed
qualifying anchor institution
is exclusively owned by the
Indian tribe; and
``(bb) the proposed
qualifying anchor institution
intends to deliver publicly
available Internet access to
students, teachers, librarians,
and members of the community
for educational purposes.
``(III) Rule of construction.--
Nothing in this clause shall be
construed to provide the Commission
with the authority to modify the
eligibility requirements described in
this clause.
``(iii) Use of contributions.--Of the
amount collected for the Universal Service Fund
under subsection (d), $20,000,000 shall be made
available for each of the first 5 fiscal years
beginning after the date of enactment of the
Tribal Connect Act of 2017 to the Commission to
carry out this paragraph.
``(3) Training and technical assistance for tribal schools
and libraries.--
``(A) Annual reports.--The Commission shall direct
the Administrator of the Schools and Libraries
Universal Service Support program to submit an annual
report to the Commission regarding the actions of the
Schools and Libraries Universal Service Support program
to ensure that tribal schools and libraries can
participate fully and effectively in the E-rate
program, including--
``(i) outreach efforts targeted to tribal
schools and libraries to promote awareness of
the E-rate program;
``(ii) specific E-rate training programs
for tribal schools and libraries; and
``(iii) other technical assistance
initiatives regarding the program's application
process that are available to tribal schools
and libraries.
``(B) Review of annual reports.--The Commission
shall review each annual report required under
subparagraph (A) to determine whether additional steps
are necessary to ensure that tribal schools and
libraries can participate fully and effectively in the
E-rate program.
``(4) Coordination and performance measurement.--The
Commission shall--
``(A) improve the reliability of the data of the
Commission relating to institutions that receive E-rate
support by defining the term `tribal' on the
application for E-rate support; and
``(B)(i) develop performance goals and measures to
track progress on achieving the strategic objective of
the Commission of ensuring that all tribal libraries
have affordable access to broadband Internet access
service technologies for educational purposes for
students, teachers, librarians, and members of the
community; and
``(ii) not later than 1 year after the date of
enactment of this subsection, submit to Congress and
make public a report on the goals and measures
developed under clause (i).''. | Tribal Connect Act of 2017 This bill amends the Communications Act of 1934 to expand the Schools and Libraries Universal Service Support (E-rate) program to include support for Indian tribal libraries that are eligible for support under the Library Services and Technology Act (LSTA), without regard to whether the libraries are eligible for assistance from state library administrative agencies under the LSTA. The E-rate program provides discounted telecommunications services to certain schools and libraries. The Federal Communications Commission must establish a pilot Tribal Anchor Institution Program to provide E-rate support to tribes for institutions that are not schools or libraries, such as community centers. E-rate support may be provided to institutions designated by tribes if: (1) the tribes do not have existing libraries that are eligible for E-rate support; (2) the institutions are exclusively owned by the tribes; and (3) the institutions intend to deliver publicly available Internet access to students, teachers, librarians, and community members for educational purposes. | Tribal Connect Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Climate Change Through
Individual Action Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Agricultural, grassland, and forestry practices play an
essential role in capturing atmospheric carbon and sequestering
it as soil organic matter.
(2) Released carbon can be captured through improved
grassland management, tree planting, forest preservation, and
enhanced agronomic and irrigation practices.
(3) Promoting increased natural carbon sinks could have a
significant impact on the world's projected carbon emissions
from the burning of fossil fuels.
(4) Certain agricultural and forestry practices can reduce
greenhouse gases: (A) avoiding emissions by maintaining
existing carbon storage in trees and soils; (B) increasing
carbon storage by, e.g., tree planting, conversion from
conventional to conservation tillage practices on agricultural
lands;
(5) The large potentials exist through known cropping and
land management practices such as adoption of no-till, reduced
fallow and use of cover crops, and conservation set-asides with
perennial grasses and trees.
SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION 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 adding at the end the following new section:
``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer engaged in the business of farming, the credit determined
under this section for the taxable year is an amount equal to 30
percent of the qualified carbon sequestration and soil conservation
expenditures for the taxable year which are paid or incurred with
respect to the land used in such farming.
``(b) Limitation.--The credit allowed with respect to a taxpayer
under this section for a taxable year shall not exceed an amount equal
to $10,000, reduced by the sum of the credits allowed with respect to
the taxpayer under subsection (a) for all preceding taxable years.
``(c) Qualified Carbon Sequestration and Soil Conservation
Expenses.--For purposes of this section--
``(1) In general.--The term `qualified carbon sequestration
and soil conservation expenditures' means amounts paid or
incurred to sequester carbon and conserve soil, including--
``(A) expenditures described in section 175(c),
``(B) conservation tillage expenditures,
``(C) cover cropping expenditures,
``(D) amounts paid or incurred to increase the
nitrogen use efficiency (other than use of nitrogen
fertilizers) of land used in farming, and
``(E) amounts paid or incurred for multiple year
rotations, including introduction of a perennial that
reduces carbon loss and tillage, builds soil tilth, and
increases carbon capture capacity.
``(2) Conservation tillage expenditures.--The term
`conservation tillage expenditures' means any expenditures paid
or incurred for a tilling and planting method in which at least
30 percent of the previous crop residue remains on the soil
after planting the current crop. Such term includes the
following tilling practices: no till, ridge till, minimum till,
and mulch till.
``(3) Cover cropping expenditures.--The term `cover
cropping expenditures' means expenditures paid or incurred for
the preparation and seeding of land for any grass, legume, or
small grain--
``(A) which is not the primary crop of the
taxpayer,
``(B) the primary purpose of which is to achieve
one or more of the following: reduction in erosion;
maintenance or improvement in soil fertility, tilth,
and structure,
``(C) a purpose of which may be interruption of
pest cycles or conservation of water.
``(d) Per Acre Credit Alternative.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall, in
consultation with the Secretary of Agriculture, establish an
alternative procedure for determining the credit under
subsection (a), which, at the election of the taxpayer, shall
be treated as the amount determined under subsection (a).
``(2) Procedure described.--(A) The Secretary shall
establish credit amounts to apply to land used in farming on a
per acre basis with respect to each method of carbon
sequestration and soil conservation described in subsection
(c)(1).
``(B) Such credit amounts shall be based on the efficacy of
the method in sequestering carbon and preventing soil erosion.
``(C) No such credit amount may exceed $15 per acre.
``(D) The Secretary shall prescribe rules similar to the
rules of paragraphs (1) through (4) of subsection (e) to apply
for purposes of the procedure established under this
subsection.
``(3) Election.--An election to use such alternative method
shall be made in such form and manner as the Secretary may
prescribe, and shall apply to the taxable year for which made
and for all subsequent taxable years.
``(e) Definition and Special Rules.--
``(1) Land used in farming.--For purposes of this section,
land shall be treated as used in farming only if such land is
used (before or simultaneously with the expenditures described
in subsection (c)(1)) by the taxpayer or his tenant for the
production of crops, fruits, or other agricultural products or
for the sustenance of livestock.
``(2) Expenditures must be consistent with soil
conservation plan.--Notwithstanding any other provision of this
section, subsection (a) shall not apply to any expenditures
unless such expenditures are consistent with--
``(A) the plan (if any) approved by the Soil
Conservation Service of the Department of Agriculture
for the area in which the land is located, or
``(B) if there is no plan described in clause (i),
any soil conservation plan of a comparable State
agency.
``(3) Basis adjustment.--For purposes of this subtitle, if
a credit is determined under this section for any expenditure
with respect to any property, the increase in the basis of such
property which would (but for this paragraph) result from such
expenditure shall be reduced by the amount of the credit so
determined.
``(4) Denial of double benefit.--No deduction or other
credit shall be allowed under this chapter for any amount taken
into account in determining the credit under this section.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2013.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (30), by striking
the period at the end of paragraph (31) and inserting ``plus'', and by
adding at the end the following new paragraph:
``(32) the carbon sequestration and soil conservation
credit determined under section 45O(a).''.
(c) Conforming Amendments.--Subsection (a) of section 1016 of such
Code (relating to adjustments to basis) is amended by striking ``and''
at the end of paragraph (35), by striking the period at the end of
paragraph (36) and inserting ``and'', and by adding at the end the
following new paragraph:
``(37) to the extent provided in section 45O(e).''.
(d) 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. 45O. Carbon sequestration and soil conservation.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.
SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 10 percent of the qualified planting expenditures of the
taxpayer for the taxable year.
``(b) Limitations.--The amount taken into account under subsection
(a) for any taxable year shall not exceed--
``(1) in the case of expenditures paid or incurred by the
taxpayer with respect to an area which is included under
section 121 as part of the taxpayer's principal residence,
$5,000,
``(2) in the case of expenditures paid or incurred by the
taxpayer in the course of, or with respect to, a trade or
business carried on by the taxpayer, $50,000, and
``(3) in any other case, zero.
``(c) Qualified Planting Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualifying planting
expenditures' means expenditures paid or incurred--
``(A) for the purchase and planting of any tree,
plant, shrub, or bush which meets the requirements of
paragraph (2), and
``(B) for the purchase and installation of a
vegetated roof system.
Such term shall not include expenditures relating to any
property which is held by the taxpayer for use in a trade or
business or for the production of income, or which is property
described in section 1221(a)(1) in the hands of the taxpayer.
``(2) Trees, plants, shrubs, or bushes.--A tree, plant,
shrub, or bush satisfies the requirements of the paragraph if
such tree, plant, shrub, or bush is certified, in accordance
with guidance prescribed by the Secretary (after consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Agriculture), to be quick-growing,
appropriate for the region in which it is planted, and
effective in capturing carbon.
``(3) Vegetated roof system.--The term `vegetated roof
system' means a system by which vegetation growing in a
substrate is integrated with the roof (or portion thereof) of a
building owned by the taxpayer.
``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax liability (as defined in section
26(b)) reduced by the sum of the credits allowable under
subpart A and sections 27, 30, 30B, and 30C, over
``(2) the tentative minimum tax for the taxable year.
``(e) Definition and Special Rules.--For purposes of this section--
``(1) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121, except that
no ownership requirement shall be imposed.
``(2) Joint occupancy, cooperative housing corporations,
and condominium management associations.--Rules similar to the
rules of paragraphs (4), (5), and (6) of section 25D(e) shall
apply.
``(3) Expenditures outside united states.--The credit under
this section shall not be allowed with respect to expenditures
paid or incurred for areas located outside the United States.
``(4) Basis adjustment.--For purposes of this subtitle, if
a credit is allowed under this section for an expenditure, the
increase in basis which would result (but for this subsection)
from such expenditure shall be reduced by the amount of credit
allowed under this section.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2013.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016, as amended by section
3, is amended by striking ``and'' at the end of paragraph (36),
by striking the period at the end of paragraph (37) and
inserting ``and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30D(e)(4).''.
(2) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30C the following new item:
``Sec. 30D. Qualified planting expenditure credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.
SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Department of Agriculture, shall establish an appropriate tax
credit, with respect to land located in the United States, for--
(1) the conversion of cropland to pasture for grazing
purposes or to grassland or rangeland, and
(2) reforestation and afforestation of land--
(A) which is not held by the taxpayer for the
planting, cultivating, caring for, and cutting of trees
for sale or use in the commercial production of timber
products, and
(B) with trees which are not held by the taxpayer
for use in a trade or business or for the production of
income.
(b) Other Rules Relating to Credit.--
(1) Credit to be per acre.--The Secretary shall establish
credit amounts to apply to land on a per acre basis with
respect to each method of conservation described in subsection
(a).
(2) Pursuant to approved plan.--Such methods must be
pursuant to a plan submitted by the taxpayer and approved by
the Secretaries of the Treasury and Agriculture.
(3) Basis for credit amounts.--Credit amount shall be based
on--
(A) the efficacy of the method in sequestering
carbon and preventing soil erosion,
(B) the expenditures relating to such method, and
(C) the number of years the taxpayer certifies to
the Secretary or ensures (by conservation easement or
otherwise) that the applicable land will remain subject
to the approved plan.
(4) Recapture.--The Secretary shall provide for recapturing
the benefit of any credit allowed under this section with
respect to any property that ceases to be used in accordance
with the approved plan.
(5) Denial of double benefit and basis adjustment.--The
Secretary shall provide--
(A) an appropriate basis adjustment for property
with respect to which such credit is allowed, and
(B) rules disallowing such deductions and other
credits as may be appropriate to avoid allowing
additional tax benefits for the same conservation
method or expenses.
(c) Effective Date.--The credit established by the Secretary shall
apply to taxable years beginning after December 31, 2008.
SEC. 6. CARBON SEQUESTRATION CREDIT REPORT.
(a) In General.--In the case of any substantial change in the
carbon sequestration market (including the enactment into law of a
carbon cap and trade program), the Secretary of the Treasury shall, in
consultation with any appropriate Federal officers, study such change
and any effect of such change on the efficiency of, and need for, the
credits allowed under section 5 of this Act and sections 45O and 30D of
the Internal Revenue Code of 1986.
(b) Report.--As soon as practicable after sufficient opportunity to
observe the effect of such change in the carbon sequestration market,
the Secretary shall submit a report to Congress containing the results
of the study conducted under subsection (a) and any recommendations of
the Secretary for modifying such credits based on such results. | Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30% of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming; (2) 10% of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system; (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland; and (4) certain types of reforestation and afforestation of land. | To amend the Internal Revenue Code of 1986 to provide incentives for carbon sequestration. |
SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The Association of American State Geologists, a nonprofit
corporation organized under the laws of the State of Delaware, is
recognized and granted a Federal charter.
SEC. 2. POWERS.
The Association of American State Geologists (in this Act referred
to as the ``association'') shall have only those powers granted to it
through its constitution, bylaws and article of incorporation filed in
the State of Delaware and subject to the laws of the State of Delaware.
SEC. 3. PURPOSES.
The purposes of the association are those provided in its
constitution, bylaws and article of incorporation and shall include the
following:
(1) To promote, advance and protect the common good,
welfare and security of the Nation through the application of
geology and related earth sciences to--
(A) foster wise and responsible stewardship of the
Nation's natural resources;
(B) foster the creation of national wealth, general
prosperity and a high quality of life in the United
States;
(C) foster appropriate and sustainable economic
development;
(D) foster prudent exploration, development,
utilization, management and conservation of the
Nation's land, seas and seabeds including energy,
mineral, water, environmental and ecological resources;
(E) avoid, reduce and mitigate hazards related to
geology, earthquakes, volcanoes, landslides and other
natural hazards through public awareness and
coordination with appropriate local, State, regional
and Federal agencies; and
(F) educate the general public concerning the
critical importance of geology to society,
civilization, culture, economy and national security.
(2) To advance the science and practical application of
geology and related earth sciences in the United States and its
possessions.
(3) To improve the effectiveness of State geological
surveys through the interchange of ideas pertaining to their
administrative organization, programs, and applications to
economic changes and other geologically related issues.
(4) To improve methods of assembling and disseminating data
and information to mining, energy, agriculture, utility,
construction, insurance and banking industries; educational
institutions; civic and professional organizations;
legislators; governmental agencies; and the public.
(5) To effectively coordinate activities with Federal and
State agencies working in related fields.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the association shall comply
with the law of the State of Delaware and those States in which it
carries on its activities in furtherance of the purposes of the
association.
SEC. 5. MEMBERSHIP.
Except as provided in section (8)(g), eligibility for membership in
the association and the rights and privileges of members shall be as
provided in the constitution, bylaws and articles of incorporation of
the association.
SEC. 6. BOARD OF DIRECTORS.
Except as provided in section 8(g), the composition of the board of
directors of the association and the responsibilities of the board
shall be as provided in the constitution, bylaws and articles of
incorporation of the association.
SEC. 7. OFFICERS.
Except as provided in section 8(g), the positions of officers of
the association and the election of members to such positions shall be
as provided in the constitution, bylaws and articles of incorporation
of the association.
SEC. 8. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of
the association may insure to the benefit of any member, officer, or
director of the association or be distributed to any such individual
during the life of this charter. Nothing in this subsection may be
construed to prevent the payment of reasonable compensation to the
officers and employees of the association or reimbursement for actual
and necessary expenses in amounts approved by the board of directors.
(b) Loans.--The association may not make any loan to any member,
officer, director or employee of the association.
(c) Issuance of Stock and Payment of Dividends.--The association
may not issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The
association may not claim the approval of Congress or the authorization
of the Federal Government for any of its activities by virtue of this
Act.
(e) Association Status.--The association shall maintain its status
as an entity organized and incorporated under the laws of the State of
Delaware.
(f) Association Function.--The association shall function as an
educational, patriotic, civic, historical and research organization
under the laws of the State of Delaware.
(g) Nondiscrimination.--In establishing the conditions of
membership in the association and in determining the requirements for
serving on the board of directors or as an officer of the association,
the association may not discriminate on the basis of race, color,
religion, sex, disability, age or national origin.
SEC. 9. LIABILITY.
The association shall be liable for the acts of its officers,
directors, employees and agents whenever such individuals act within
the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The association shall keep
correct and complete books and records of account and minutes of any
proceeding of the association involving any of its members, the board
of directors, or any committee having authority under the board of
directors.
(b) Names and Addresses of Members.--The association shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the association.
(c) Right To Inspect Books and Records.--All books and records of
the association may be inspected by any member having the right to vote
in any proceeding of the association, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the
end the following:
``(80) Association of American State Geologists.''.
SEC. 12. ANNUAL REPORT.
The association shall annually submit to Congress a report
concerning the activities of the association during the preceding
fiscal year. The annual report shall be submitted on the same date as
the report of the audit required by reason of the amendment made in
section 11. The annual report shall not be printed as a public
document.
SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to Congress.
SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.
If the association fails to maintain its status as an entity exempt
from taxation as provided in the Internal Revenue Code of 1986 the
charter granted in this Act shall terminate.
SEC. 15. TERMINATION.
The charter granted in this Act shall expire if the association
fails to comply with any of the provisions of this Act.
SEC. 16. DEFINITION OF STATE.
For the purposes of this Act, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands and the territories and possessions of
the United States. | Grants a Federal charter to the Association of American State Geologists (a nonprofit corporation organized under the laws of Delaware). | To grant a federal charter to the Association of American State Geologists. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Security Information Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1)(A) Many information technology computer systems,
software programs, and similar facilities are essential to the
functioning of markets, commerce, consumer products, utilities,
government, and safety and defense systems, in the United
States and throughout the world.
(B) Protecting systems and products against domestic and
international attacks or misuse through the Internet, public,
or private telecommunications systems, or similar means is a
matter of national and global interest.
(C) Such protection is best accomplished through private
sector solutions that are market driven and industry led
because the private sector owns, operates, and has developed
many of the networks, products, and services that constitute
the information infrastructure.
(D) Government should work cooperatively with industry on a
voluntary basis to achieve such protection and should not
mandate the private sector use particular technologies, dictate
standards, or impose undue costs.
(2) The prompt, voluntary, candid, and thorough, but secure
and protected, disclosure and exchange of information related
to the cyber security of entities, systems, and
infrastructure--
(A) would greatly enhance the ability of private
and public entities to improve their cyber security;
(B) would measurably contribute to avoidance of
financial risk and loss resulting from disruption or
harm to critical institutional elements of the United
States economy, including but not limited to securities
exchanges, banking and other financial services
institutions, communications networks, transportation
systems, manufacturing, information technology, health
care, government services, and electric utilities and
energy providers, or from serious damage to public
confidence in such critical institutional elements; and
(C) is therefore a vital factor in minimizing any
potential cyber security-related disruption to the
Nation's critical infrastructure and the consequences
for its economic well-being and national security.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of cyber security
information has impeded and continues to impede the secure
disclosure and protected exchange of such information.
(4) The capability to securely disclose and engage in the
protected exchange of information relating to cyber security,
solutions, test practices, test results, and risk assessments
and audits, without undue concern about inappropriate
disclosure of that information, is critical to the ability of
private and public entities to address cyber security needs in
a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the secure disclosure and
protected exchange of cyber security information that will
promote appropriate disclosures and exchanges of such
information in a timely fashion.
(6) The ``National Plan for Information Systems Protection,
Version 1.0, An Invitation to a Dialogue'', released by the
President on January 7, 2000, calls for the Government to
assist in seeking changes to applicable laws on ``Freedom of
Information, liability, and antitrust where appropriate'' in
order to foster industry-wide centers for information sharing
and analysis.
(b) Purposes.--Based upon the powers contained in article 1,
section 8, clause 3 of the Constitution of the United States, the
purposes of this Act are--
(1) to promote the secure disclosure and protected exchange
of cyber security information;
(2) to assist private industry and government in responding
effectively and rapidly to cyber security problems;
(3) to lessen burdens on interstate commerce by
establishing certain legal principles in connection with the
secure disclosure and protected exchange of cyber security
information; and
(4) to protect the legitimate users of cyber networks and
systems, and to protect the privacy and confidentiality of
shared information.
SEC. 3. DEFINITIONS.
In this Act:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given to it in subsection (a)
of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of
competition; and
(B) includes any State law with the same intent and
effect as the laws referred to in subparagraph (A).
(2) Critical infrastructure.--The term ``critical
infrastructure'' means facilities or services so vital to the
nation or its economy that their disruption, incapacity, or
destruction would have a debilitating impact on the defense,
security, long-term economic prosperity, or public health or
safety of the United States.
(3) Cyber security information.--
(A) In general.--The term ``cyber security
information'' means information related to--
(i) the ability of any protected system, or
critical infrastructure to resist intentional
interference, compromise, or incapacitation
through the misuse of or unauthorized access to
or use of the Internet, public or private
telecommunications systems, or other similar
conduct that violates Federal, State, or
international law, that harms interstate
commerce of the United States, or that
threatens public health or safety;
(ii) any planned or past assessment,
projection or estimate concerning a cyber
security vulnerability of a protected system,
or critical infrastructure;
(iii) any planned or past cyber security
testing, risk assessment, or audit;
(iv) any planned or past operational
problems or solutions related to the cyber
security of any protected system, or critical
infrastructure; or
(v) any immediate threats to the cyber
security of any protected system, or critical
infrastructure.
(B) Exclusion.--For the purposes of any action
brought under the securities laws, as that term is
defined in section 3(a)(47) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber
security information'' does not include information or
statements contained in any documents or materials
filed with the Securities and Exchange Commission, or
with Federal banking regulators, pursuant to section
12(i) of the Securities Exchange Act of 1934 (15 U.S.C.
781(i)), or disclosures or writing that when made
accompanied the solicitation of an offer or sale of
securities.
(4) Protected system.--The term ``protected system''
includes but is not limited to any system or process deployed
in or remotely affecting a critical infrastructure facility
consisting of one or more of the following: computer, computer
system, network, or any component hardware or element of the
foregoing, software program, processing instruction or data in
storage, irrespective of the storage medium.
(5) Information sharing organization; iso.--The terms
``Information Sharing Organization'' and ``ISO'' mean an
Information Sharing and Analysis Center (``ISAC'') or any other
entity created by private sector organizations for the purpose
of sharing cyber security information among such organizations,
with or among their individual affiliated members, and with and
from State, local, and Federal Government agencies.
SEC. 4. PROTECTION FOR CYBER SECURITY INFORMATION SHARED WITH THE
GOVERNMENT.
(a) In General.--Cyber security information that is voluntarily
provided to any Federal entity, agency, or authority shall not be
disclosed and must be protected against disclosure.
(b) Specifics.--This section shall apply to cyber security
information voluntarily provided--
(1) directly to the government about its own cyber
security;
(2) directly to the government about a third party's cyber
security; or
(3) to an ISO, which is subsequently provided to the
government in identifiable form.
(c) Protections.--Except with the express consent or permission of
the provider of cyber security information, any cyber security
information provided pursuant to subsection (b)--
(1) shall be exempt from disclosure under section 552(a) of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''), by any Federal entity, agency, and
authority;
(2) shall not be disclosed to any third party except
pursuant to subsection (e)(3); and
(3) shall not be used by any Federal or State entity,
agency, or authority or by any third party, directly or
indirectly, in any civil action arising under any Federal or
State law.
(d) Exemptions.--Any disclosure of cyber security information by
any private entity, or by any Information Sharing Organization as
defined in section 3(5) of this Act, to any official of an agency of
the United States in accordance with subsection (b) of this section
shall not be subject to--
(1) the requirements of the Federal Advisory Committee Act
(5 U.S.C. App.) with regard to notice of meetings and
publication of the record of such disclosure; and
(2) any agency rules regarding ex parte communications with
decision making officials.
(e) Exceptions.--
(1) Information obtained elsewhere.--Nothing in this
section shall preclude a Federal or State entity, agency, or
authority, or any third party, from separately obtaining cyber
security information through the use of independent legal
authorities, and using such separately obtained information in
any action.
(2) Public disclosure.--A restriction on use or disclosure
of information under this section shall not apply to any
information disclosed generally or broadly to the public.
(3) Third party information.--A Federal entity, agency, or
authority receiving cyber security information from one private
entity about another private entity's cyber security shall
notify and convey that information to the latter upon its
initial receipt, except that such entity, agency, or authority
shall not notify the third party if the Government has probable
cause to believe that such party has conducted, or may be
conducting economic espionage against United States entities
within the meaning of the Economic Espionage Act (18 U.S.C.
1831 et seq.) or if such entity derives support from any nation
currently under a trade embargo.
SEC. 5. ANTITRUST EXEMPTION.
(a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of and limited to--
(1) facilitating the correction or avoidance of a cyber
security-related problem; or
(2) communication of or disclosing information to help
correct or avoid the effects of a cyber security-related
program.
(b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that involves or results in an agreement to boycott
any person, to allocate a market, or to fix prices or output.
SEC. 6. CYBER SECURITY WORKING GROUPS.
(a) In General.--
(1) Working groups.--The President may establish and
terminate working groups composed of Federal employees who will
engage outside organizations in discussions to address cyber
security, to share information related to cyber security, and
otherwise to serve the purposes of this Act.
(2) List of groups.--The President shall maintain and make
available to the public a printed and electronic list of such
working groups and a point of contact for each, together with
an address, telephone number, and electronic mail address for
such point of contact.
(3) Balance.--The President shall seek to achieve a balance
of participation and representation among the working groups.
(4) Meetings.--Each meeting of a working group created
under this section shall be announced in advance in accordance
with procedures established by the President.
(b) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working groups established
under this section.
(c) Private Right of Action.--This section creates no private right
of action to sue for enforcement of any provision of this section. | Cyber Security Information Act - Prohibits the disclosure of "cyber security information" (defined to include information related to the ability of any protected system, or critical infrastructure, to resist intentional interference or incapacitation through the misuse of or unauthorized access to or use of the Internet, telecommunications systems, or similar conduct that violates Federal, State, or international law, harms U.S. interstate commerce, or threatens public health or safety) that is voluntarily provided to a Federal entity.Provides that (with exceptions) any such information voluntarily provided directly to the Government about its own cyber security, a third party's cyber security, or to an Information Sharing Organization which is subsequently provided to the Government in identifiable form shall: (1) be exempt from disclosure under the Freedom of Information Act; (2) not be disclosed to any third party; and (3) not be used by any Federal or State entity or by any third party in any civil action.Makes the antitrust laws inapplicable (with an exception) to conduct engaged in solely for the purpose of and limited to: (1) facilitating the correction or avoidance of a cyber security-related problem; or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program.Authorizes the President to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address or share information related to cyber security, and otherwise to serve the purposes of this Act. | To encourage the secure disclosure and protected exchange of information about cyber security problems, solutions, test practices and test results, and related matters in connection with critical infrastructure protection. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Tax Dodging Prevention
Act''.
SEC. 2. DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS.
Section 952 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(d) Special Application of Subpart.--
``(1) In general.--For taxable years beginning after
December 31, 2013, notwithstanding any other provision of this
subpart, the term `subpart F income' means, in the case of any
controlled foreign corporation, the income of such corporation
derived from any foreign country.
``(2) Applicable rules.--Rules similar to the rules under
the last sentence of subsection (a) and subsection (d) shall
apply to this subsection.''.
SEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply
the proper treatment of any such amount not in excess
of the amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 4. REINSTITUTION OF PER COUNTRY FOREIGN TAX CREDIT.
(a) In General.--Subsection (a) of section 904 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Limitation.--The amount of the credit in respect of the tax
paid or accrued to any foreign country or possession of the United
States shall not exceed the same proportion of the tax against which
such credit is taken which the taxpayer's taxable income from sources
within such country or possession (but not in excess of the taxpayer's
entire taxable income) bears to such taxpayer's entire taxable income
for the same taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 5. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE
UNITED STATES AS DOMESTIC CORPORATIONS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
is amended by redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new subsection:
``(p) Certain Corporations Managed and Controlled in the United
States Treated as Domestic for Income Tax.--
``(1) In general.--Notwithstanding subsection (a)(4), in
the case of a corporation described in paragraph (2) if--
``(A) the corporation would not otherwise be
treated as a domestic corporation for purposes of this
title, but
``(B) the management and control of the corporation
occurs, directly or indirectly, primarily within the
United States,
then, solely for purposes of chapter 1 (and any other provision
of this title relating to chapter 1), the corporation shall be
treated as a domestic corporation.
``(2) Corporation described.--
``(A) In general.--A corporation is described in
this paragraph if--
``(i) the stock of such corporation is
regularly traded on an established securities
market, or
``(ii) the aggregate gross assets of such
corporation (or any predecessor thereof),
including assets under management for
investors, whether held directly or indirectly,
at any time during the taxable year or any
preceding taxable year is $50,000,000 or more.
``(B) General exception.--A corporation shall not
be treated as described in this paragraph if--
``(i) such corporation was treated as a
corporation described in this paragraph in a
preceding taxable year,
``(ii) such corporation--
``(I) is not regularly traded on an
established securities market, and
``(II) has, and is reasonably
expected to continue to have, aggregate
gross assets (including assets under
management for investors, whether held
directly or indirectly) of less than
$50,000,000, and
``(iii) the Secretary grants a waiver to
such corporation under this subparagraph.
``(C) Exception from gross assets test.--
Subparagraph (A)(ii) shall not apply to a corporation
which is a controlled foreign corporation (as defined
in section 957) and which is a member of an affiliated
group (as defined section 1504, but determined without
regard to section 1504(b)(3)) the common parent of
which--
``(i) is a domestic corporation (determined
without regard to this subsection), and
``(ii) has substantial assets (other than
cash and cash equivalents and other than stock
of foreign subsidiaries) held for use in the
active conduct of a trade or business in the
United States.
``(3) Management and control.--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of a corporation is to be
treated as occurring primarily within the United
States.
``(B) Executive officers and senior management.--
Such regulations shall provide that--
``(i) the management and control of a
corporation shall be treated as occurring
primarily within the United States if
substantially all of the executive officers and
senior management of the corporation who
exercise day-to-day responsibility for making
decisions involving strategic, financial, and
operational policies of the corporation are
located primarily within the United States, and
``(ii) individuals who are not executive
officers and senior management of the
corporation (including individuals who are
officers or employees of other corporations in
the same chain of corporations as the
corporation) shall be treated as executive
officers and senior management if such
individuals exercise the day-to-day
responsibilities of the corporation described
in clause (i).
``(C) Corporations primarily holding investment
assets.--Such regulations shall also provide that the
management and control of a corporation shall be
treated as occurring primarily within the United States
if--
``(i) the assets of such corporation
(directly or indirectly) consist primarily of
as sets being managed on behalf of investors,
and
``(ii) decisions about how to invest the
assets are made in the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning on or after the date which is 2 years
after the date of the enactment of this Act. | Corporate Tax Dodging Prevention Act - Amends the Internal Revenue Code, with respect to the taxation of the foreign-source income of domestic corporations, to: (1) eliminate the deferral of tax on the foreign-source income of U.S. corporations for taxable years beginning after December 31, 2013, (2) deny the foreign tax credit to large integrated oil companies that are dual capacity taxpayers, (3) limit the offset of the foreign tax credit to income that is subject to U.S. tax, and (4) treat foreign corporations managed and controlled in the United States as domestic corporations for U.S. tax purposes. | Corporate Tax Dodging Prevention Act |
TITLE I--MOTOR VEHICLE SAFETY
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 30104 of title 49, United States Code, is amended to read
as follows:
``Sec. 30104. Authorization of Appropriations
``There is authorized to be appropriated to the Secretary of
Transportation $125,221,000 for the National Highway Traffic Safety
Administration to carry out this part for fiscal year 2005, and such
sums as may be necessary for fiscal years 2006 and 2007.''.
SEC. 102. INTERNATIONAL COOPERATION.
(a) In General.--Subchapter I of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30106. International Cooperation
``The Secretary of Transportation may participate and cooperate in
international activities to enhance motor vehicle and traffic safety
through such means as exchanging information, conducting safety
research, examining safety needs, best practices, new technology, and
improvements in motor vehicle safety standards, and participating in
the implementation of existing international agreements concerning
motor vehicle safety to which the United States is a contracting
partner.''.
(b) Clerical Amendment.--The table of sections for subchapter I of
chapter 301 of title 49, United States Code is amended by adding at the
end the following new item:
``30106. International cooperation.''.
SEC. 103. CERTIFICATION LABELS.
Section 30115(a) of title 49, United States Code, is amended by
inserting at the end the following: ``A person shall not affix a
certification label to a motor vehicle or item of motor vehicle
equipment unless the person has either performed tests or otherwise
documented the basis for certifying compliance with all applicable
safety standards prescribed under this chapter, except that, in
affixing the certification label or tag, a manufacturer that completes
a vehicle after receiving compliance documentation from the
manufacturer of the earlier stage of the vehicle may rely on such
documentation in accordance with the regulations issued by the
Secretary.''.
SEC. 104. NOTIFICATION OF NONCOMPLIANCE.
Section 30118 of title 49, United States Code is amended in
subsections (a), (b), and (c) by striking ``motor vehicle or
replacement equipment'' each place it appears and inserting ``motor
vehicle, original equipment, or replacement equipment''.
SEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE.
Section 30120 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Limitation on Sale or Lease of Used Motor Vehicles.--
``(1) A dealer may not sell a used motor vehicle for
purposes other than resale or lease a used motor vehicle until
the dealer informs the purchaser or lessee of any notification
of a defect or noncompliance pursuant to section 30118(b) or
(c) of this title with respect to a vehicle that has not been
remedied, and either--
``(A) offers to have the defects or noncompliances
remedied; or
``(B) gives the purchaser or lessee a written
description of the defects or noncompliances, including
all relevant information from any notification pursuant
to section 30118(b) or (c) of this title, and
reviews a written acknowledgment of the offer or description
from the purchaser or lessee.
``(2) The requirements of paragraph (1) of this subsection
shall apply after a period of time following issuance of
notifications that the Secretary shall specify. The Secretary
may extend this period with respect to particular
notifications.
``(3) In this subsection, notwithstanding section
30102(a)(1) of this title--
``(A) `dealer' means a person who sold at least 10
motor vehicles during the prior 12 months to purchasers
that in good faith purchased the vehicles other than
for resale; and
``(B) `used motor vehicle' means a motor vehicle
that has previously been purchased other than for
resale.
``(4) Subject to regulations issued by the Secretary, a
manufacturer of a motor vehicle shall establish and maintain an
Internet-accessible record system that dealers of used motor
vehicles and members of the public may access, without charge,
to determine whether a particular vehicle manufactured by the
manufacturer has been subject to any notification of a defect
or noncompliance pursuant to section 30118(b) or (c) of this
title that has not been remedied. If the Secretary determines
that establishing and maintaining such an Internet-accessible
record system is not practicable for certain classes of
manufacturers, the Secretary may exempt such manufacturers from
the requirements of this paragraph.
``(l) Limitation on Operation by Owners and Lessors of School Buses
and Vehicles Used to Transport Passengers for Compensation.--
``(1) Subject to paragraphs (2) and (3), a person who owns
or leases a school bus or a motor vehicle used to transport
passengers for compensation and who receives a notice of a
defect or noncompliance pursuant to section 30118(b) or (c) of
this title may not operate the vehicle to which the notice
applies as a school bus or for compensation until the defect or
noncompliance is remedied as required by this section.
``(2) The requirements of paragraph (1) shall apply after a
period of time following issuance of such notifications that
the Secretary shall specify. The Secretary may extend this
period with respect to particular notifications.
``(3) This subsection shall not apply to taxicabs, or to
motor vehicles owned or operated by State or local
governments.''.
SEC. 106. NONUSE OF SAFETY BELT INTERLOCKS.
(a) In General.--Section 30124 of title 49 United States Code, is
amended to read as follows:
``Sec. 30124. Nonuse of safety belt interlocks
``A motor vehicle safety standard prescribed under this chapter may
not require or allow a manufacturer to comply with the standard by
using a safety belt interlock designed to prevent starting or operating
a motor vehicle if an occupant is not using a safety belt.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 301 of title 49, United States Code is amended by amending the
item related to section 30124 to read as follows:
``30124. Nonuse of safety belt interlocks.''.
SEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.
Section 30168 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition
to the authority provided under this section, the Secretary is
authorized to expend $5,000,000 per year to conduct a safety research
initiative for alternate fuel vehicles that includes risk assessment
studies of hydrogen-fueled and other alternative-fuel vehicles, the
development of test and evaluation procedures and performance criteria
to assess the likelihood of potential failures that could indicate
unsafe conditions, and the development of suitable countermeasures. In
particular, such research initiative shall investigate the safety of
the power train, the vehicle fuel container and delivery system, the
onboard refueling system, and the full vehicle system performance of
alternate fuel vehicles.
``(g) Safety Initiative for Driver Assistance Technologies.--In
addition to the authority provided under this section, the Secretary is
authorized to expend $10,000,000 per year to conduct research into
vehicle-based driver assistance technologies, and to develop
appropriate performance standards and consumer education programs, to
ensure that appropriate safety benefits are derived from these
technologies. Such research shall include evaluations of crash
avoidance technologies, such as electronic stability control,
telematics, radar braking and other similar vehicle advances.''.
TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Section 32102 of title 49, United States Code, is amended to read
as follows:
``Sec. 32102. Authorization of appropriations
``There is authorized to be appropriated to the Secretary of
Transportation $14,080,000 for the National Highway Traffic Safety
Administration to carry out this part in fiscal year 2005, and such
sums as may be necessary in fiscal years 2006 and 2007.''.
SEC. 202. PENALTIES AND ENFORCEMENT.
Section 32709(a)(1) of title 49, United States Code, is amended--
(1) by striking ``$2,000'' and inserting ``$5,000''; and
(2) by striking ``$100,000'' and inserting ``$1,000,000''.
SEC. 203. CIVIL ACTIONS BY PRIVATE PERSON.
Section 32710(a) of title 49, United States Code, is amended by
striking ``$1,500'' and inserting ``$10,000''.
SEC. 204. DEFINITIONS.
(a) Crash Avoidance.--Section 32301 of title 49, United States
Code, is amended by adding at the end the following:
``(3) `crash avoidance' means preventing a motor vehicle
accident.''.
(b) Passenger Motor Vehicle Information.--Section 32302 of title
49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``and crash
avoidance'' after ``crashworthiness''; and
(B) by striking paragraph (4); and
(2) by striking subsection (c).
SEC. 205. REPEALS.
(a) In General.--Sections 32303 and 33112 of title 49, United
States Code, are repealed.
(b) Clerical Amendments.--
(1) The table of sections for chapter 323 of title 49,
United States Code is amended by striking the item related to
section 32303.
(2) The table of sections for chapter 331 of title 49,
United States Code is amended by striking the item related to
section 33112. | Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA).
Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety.
Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards.
Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment.
Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met.
Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied.
Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied.
Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt.
Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies.
Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements.
Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers. | To authorize appropriations for the motor vehicle safety and information and cost savings programs of the National Highway Traffic Safety Administration for fiscal years 2005 through 2007, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Workforce State Income Tax
Fairness and Simplification Act''.
SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE
INCOME.
(a) In General.--No part of the wages or other remuneration earned
by an employee who performs employment duties in more than one State
shall be subject to income tax in any State other than--
(1) the State of the employee's residence; and
(2) the State within which the employee is present and
performing employment duties for more than 30 days during the
calendar year in which the income is earned.
(b) Wages or Other Remuneration.--Wages or other remuneration
earned in any calendar year are not subject to State income tax
withholding and reporting unless the employee is subject to income tax
under subsection (a). Income tax withholding and reporting under
subsection (a)(2) shall apply to wages or other remuneration earned as
of the commencement date of duties in the State during the calendar
year.
(c) Operating Rules.--For purposes of determining an employer's
State income tax withholding and information return obligations--
(1) an employer may rely on an employee's determination of
the time expected to be spent by such employee in the States in
which the employee will perform duties absent--
(A) actual knowledge of fraud by the employee in
making the estimate; or
(B) collusion between the employer and the employee
to evade tax;
(2) if records are maintained by an employer recording the
location of an employee for other business purposes, such
records shall not preclude an employer's ability to rely on an
employee's determination as set forth in paragraph (1); and
(3) notwithstanding paragraph (2), if an employer, at its
sole discretion, maintains a time and attendance system which
tracks where the employee performs duties on a daily basis,
data from the time and attendance system shall be used instead
of the employee's determination as set forth in paragraph (1).
(d) Definitions and Special Rules.--For purposes of this Act:
(1) Day.--
(A) An employee will be considered present and
performing employment duties within a State for a day
if the employee performs the preponderance of the
employee's employment duties within such State for such
day.
(B) Notwithstanding subsection (d)(1)(A), if an
employee performs material employment duties in a
resident state and one nonresident state during one
day, such employee will be considered to have performed
the preponderance of the employee's employment duties
in the nonresident state for such day.
(C) For purposes of subsection (d)(1), the portion
of the day the employee is in transit shall not apply
in determining the location of an employee's
performance of employment duties.
(2) Employee.--The term ``employee'' shall be defined by
the State in which the duties are performed, except that the
term ``employee'' shall not include a professional athlete,
professional entertainer, or certain public figures.
(3) Professional athlete.--The term ``professional
athlete'' means a person who performs services in a
professional athletic event, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional athlete.
(4) Professional entertainer.--The term ``professional
entertainer'' means a person who performs services in the
professional performing arts for wages or other remuneration on
a per-event basis, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional entertainer.
(5) Certain public figures.--The term ``certain public
figures'' means persons of prominence who perform services for
wages or other remuneration on a per-event basis, provided that
the wages or other remuneration are paid to such person for
services provided at a discrete event in the form of a speech,
similar presentation or personal appearance.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 3401(d) of the Internal Revenue Code of
1986 (26 U.S.C. 3401(d)) or shall be defined by the State in
which the duties are performed.
(7) State.--The term ``State'' means each of the several
States of the United States.
(8) Time and attendance system.--The term ``time and
attendance system'' means a system where the employee is
required on a contemporaneous basis to record his work location
for every day worked outside of the state in which the
employee's duties are primarily preformed and the employer uses
this data to allocate the employee's wages between all taxing
jurisdictions in which the employee performs duties.
(9) Wages or other remuneration.--The term ``wages or other
remuneration'' shall be defined by the State in which the
employment duties are performed.
SEC. 3. EFFECTIVE DATE.
This Act shall be effective on January 1, 2011. | Mobile Workforce State Income Tax Fairness and Simplification Act - Limits state taxation of the wages or other remuneration of any employee who performs duties in more than one state to: (1) the state of the employee's residence; and (2) the state in which the employee is present and performing employment duties for more than 30 days. Exempts from the definition of "employee" for purposes of this Act a professional athlete or entertainer or certain public figures. | To limit the authority of States to tax certain income of employees for employment duties performed in other States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Government Ethics
Authorization Act of 1996''.
SEC. 2. GIFT ACCEPTANCE AUTHORITY.
Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.
5) is amended--
(1) by inserting ``(a)'' before ``Upon the request''; and
(2) by adding at the end the following:
``(b)(1) The Director is authorized to accept and utilize on behalf
of the United States, any gift, donation, bequest, or devise of money,
use of facilities, personal property, or services for the purpose of
aiding or facilitating the work of the Office of Government Ethics.
``(2) No gift may be accepted--
``(A) that attaches conditions inconsistent with applicable
laws or regulations; or
``(B) that is conditioned upon or will require the expenditure
of appropriated funds that are not available to the Office of
Government Ethics.
``(3) The Director shall establish written rules setting forth the
criteria to be used in determining whether the acceptance of
contributions of money, services, use of facilities, or personal
property under this subsection would reflect unfavorably upon the
ability of the Office of Government Ethics, or any employee of such
Office, to carry out its responsibilities or official duties in a fair
and objective manner, or would compromise the integrity or the
appearance of the integrity of its programs or any official involved in
those programs.''.
SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
The text of section 405 of the Ethics in Government Act of 1978 (5
U.S.C. App. 5) is amended to read as follows: ``There are authorized to
be appropriated to carry out this title such sums as may be necessary
for each of fiscal years 1997 through 1999.''.
SEC. 4. REPEAL AND CONFORMING AMENDMENTS.
(a) Repeal of Display Requirement.--The Act entitled ``An Act to
provide for the display of the Code of Ethics for Government Service,''
approved July 3, 1980 (5 U.S.C. 7301 note), is repealed.
(b) Conforming Amendments.--
(1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance
Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the
concurrence of the Office of Government Ethics,''.
(2) Ethics in government act of 1978.--(A) The heading for
section 401 of the Ethics in Government Act of 1978 is amended to
read as follows:
``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''.
(B) Section 408 of such Act is amended by striking ``March 31''
and inserting ``April 30''.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
Section 207(j) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(7) Political parties and campaign committees.--(A) Except as
provided in subparagraph (B), the restrictions contained in
subsections (c), (d), and (e) shall not apply to a communication or
appearance made solely on behalf of a candidate in his or her
capacity as a candidate, an authorized committee, a national
committee, a national Federal campaign committee, a State
committee, or a political party.
``(B) Subparagraph (A) shall not apply to--
``(i) any communication to, or appearance before, the
Federal Election Commission by a former officer or employee of
the Federal Election Commission; or
``(ii) a communication or appearance made by a person who
is subject to the restrictions contained in subsections (c),
(d), or (e) if, at the time of the communication or appearance,
the person is employed by a person or entity other than--
``(I) a candidate, an authorized committee, a national
committee, a national Federal campaign committee, a State
committee, or a political party; or
``(II) a person or entity who represents, aids, or
advises only persons or entities described in subclause
(I).
``(C) For purposes of this paragraph--
``(i) the term `candidate' means any person who seeks
nomination for election, or election, to Federal or State
office or who has authorized others to explore on his or her
behalf the possibility of seeking nomination for election, or
election, to Federal or State office;
``(ii) the term `authorized committee' means any political
committee designated in writing by a candidate as authorized to
receive contributions or make expenditures to promote the
nomination for election, or the election, of such candidate, or
to explore the possibility of seeking nomination for election,
or the election, of such candidate, except that a political
committee that receives contributions or makes expenditures to
promote more than 1 candidate may not be designated as an
authorized committee for purposes of subparagraph (A);
``(iii) the term `national committee' means the
organization which, by virtue of the bylaws of a political
party, is responsible for the day-to-day operation of such
political party at the national level;
``(iv) the term `national Federal campaign committee' means
an organization that, by virtue of the bylaws of a political
party, is established primarily for the purpose of providing
assistance, at the national level, to candidates nominated by
that party for election to the office of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress;
``(v) the term `State committee' means the organization
which, by virtue of the bylaws of a political party, is
responsible for the day-to-day operation of such political
party at the State level;
``(vi) the term `political party' means an association,
committee, or organization that nominates a candidate for
election to any Federal or State elected office whose name
appears on the election ballot as the candidate of such
association, committee, or organization; and
``(vii) the term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.''.
SEC. 6. PAY LEVEL.
Section 207(c)(2)(A)(ii) of title 18, United States Code, is
amended by striking ``level V of the Executive Schedule,'' and
inserting ``level 5 of the Senior Executive Service,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Office of Government Ethics Authorization Act of 1996 - Amends the Ethics in Government Act of 1978 to: (1) authorize the Office of Government Ethics (OGE) Director to accept gifts for OGE use; and (2) extend the authorization of appropriations for the OGE.
Amends Federal law to repeal the requirement that Federal buildings display the Code of Ethics for Government Service.
Modifies postemployment restrictions on certain senior (including very senior) personnel.
Modifies the level of pay applicable with respect to certain senior personnel of the executive branch and independent agencies. | Office of Government Ethics Authorization Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Exchange Improvement
Act of 1995''.
SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT.
Section 206(h)(1)(A) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out
``$150,000'' and inserting in lieu thereof ``$500,000, adjusted
annually on a fiscal year basis commencing in fiscal year 1997 by the
average change over the previous fiscal year of the Consumer Price
Index (all items--United States city average) published monthly by the
Bureau of Labor Statistics''.
SEC. 3. USE OF FUNDS.
Section 206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2)(A) Amounts received by the Secretary concerned under
paragraph (1) shall be deposited in a special fund in the Treasury of
the United States, subject to subparagraph (B). Such amounts shall,
subject to the availability of appropriations, be available to the
Secretary concerned for processing land exchanges.
``(B) Amounts in the fund referred to in subparagraph (A) may not
exceed $12,000,000 at any time. Amounts received by the Secretary
concerned under this section which, but for this subparagraph, would be
added to such fund shall instead be covered over into the Treasury of
the United States as miscellaneous receipts.''.
SEC. 4. EXCHANGE PROCESSING.
Section 206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716), as amended by section 3, is further amended by
adding at the end the following paragraph:
``(3)(A)(i) An environmental assessment shall be the
document prepared for any exchange under this Act pursuant to
section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)).
``(ii) Any conferencing or consultation required for an
exchange under this Act pursuant to section 7(a) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be
completed within 45 days after the date on which the
conferencing or consultation is initiated.
``(iii) After completion of an exchange under this Act, no
action may be taken on the non-Federal land acquired in an
exchange until the Secretary concerned has complied with
section 102(2) of the National Environmental Policy Act of 1969
and section 7(a) of the Endangered Species Act of 1973
concerning such action, and any necessary amendment to the land
management plan applicable to such land and such action.
``(B) The Secretary shall complete processing, and make a
final decision, on any exchange under this Act within one year
from the date of submission of the application for the
exchange.
``(C) The non-Federal land to be included in any exchange
under this Act shall be valued without the application of any
Federal or State restriction concerning an environmental value
or resource the protection of which is considered by the
Secretary concerned as a public benefit to be obtained by the
exchange.''.
SEC. 5. MINOR BOUNDARY ADJUSTMENTS.
Section 206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716) is amended by adding at the end thereof the following:
``(j) Notwithstanding the other provisions of this Act and other
applicable laws which require that exchanges of land or interests
therein be for equal or approximately equal value, the Secretary
concerned may dispose of lands by exchange to make such minor
adjustments to the boundary of a unit of the public lands or the
National Forest System as may be necessary to reflect actual conditions
in the unit which are not of comparable character to the unit. In
making such adjustments, the amount of land added to the unit may not
exceed the amount of land removed from the unit.''.
SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA
RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF
AGRICULTURE.
Subsection (a) of the first section of the Act entitled ``An Act
relating to the administrative jurisdiction of certain public lands in
the State of Oregon, and for other purposes'', approved June 24, 1954
(43 U.S.C. 1181g(a)), is amended by striking out the last sentence.
SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE
CONVEYED.
The first section of the Act entitled ``An Act to facilitate
exchanges of land under the Act of March 20, 1922(42 Stat. 465), for
use for public schools, and for other purposes'', approved December 4,
1967 (16 U.S.C. 484a), is amended by striking out ``on the date of
enactment of this sentence'' and inserting in lieu thereof ``for the
five-year period ending on the date of conveyance''.
SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES
FARM TENANT ACT.
The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7
U.S.C. 1011(c)) by adding at the end the following: ``The Secretary may
waive the requirements of this paragraph that lands be sold, exchanged,
or granted only to public authorities and agencies and only on
condition that the property is used for public purposes after the
Secretary consults with the head of any other Federal agency that has a
property interest in the lands, such as a federally-owned building or
other improvements.''. | Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for "approximately equal value" exchanges out of Federal ownership.
Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling (excess amounts to go into Treasury miscellaneous receipts); and (2) certain environmental and endangered species related activities as part of the exchange process.
Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements.
Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands.
Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. (Current law permits exchange if in use as of January 12, 1983.)
Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act. | Federal Land Exchange Improvement Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health on Campus Improvement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 2007 National Survey of Counseling Center Directors
found that the average ratio of counselors to students on
campus is nearly 1 to 2,000 and is often far higher on large
campuses. The International Association of Counseling Services
accreditation standards recommend 1 counselor per 1,000 to
1,500 students.
(2) College counselors report that 8.5 percent of enrolled
students sought counseling in the past year, totaling an
estimated 1,600,000 students.
(3) Over 90 percent of counseling directors believe there
is an increase in the number of students coming to campus with
severe psychological problems. The majority of counseling
directors report concerns that the demand for services is
growing without an increase in resources.
(4) A 2008 American College Health Association survey
revealed that 43 percent of students at colleges and
universities report having felt so depressed it was difficult
to function, and one out of every 11 students seriously
considered suicide within the past year.
(5) Research conducted between 1989 and 2002 found that
students seen for anxiety disorders doubled, for depression
tripled, and for serious suicidal intention tripled.
(6) Many students who need help never receive it.
Counseling directors report that, of the students who committed
suicide on their campuses, only 22 percent were current or
former counseling center clients. Directors did not know the
previous psychiatric history of 60 percent of those students.
(7) A survey conducted by the University of Idaho Student
Counseling Center in 2000 found that 77 percent of students who
responded reported that they were more likely to stay in school
because of counseling and that their school performance would
have declined without counseling.
(8) A 6-year longitudinal study of college students found
that personal and emotional adjustment was an important factor
in retention and predicted attrition as well as, or better
than, academic adjustment (Gerdes & Mallinckrodt, 1994).
SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES.
Title V of the Public Health Service Act is amended by inserting
after section 520E-2 (42 U.S.C. 290bb-36b) the following:
``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON
COLLEGE CAMPUSES.
``(a) Purpose.--It is the purpose of this section, with respect to
college and university settings, to--
``(1) increase access to mental and behavioral health
services;
``(2) foster and improve the prevention of mental and
behavioral health disorders, and the promotion of mental
health;
``(3) improve the identification and treatment for students
at risk;
``(4) improve collaboration and the development of
appropriate levels of mental and behavioral health care;
``(5) reduce the stigma for students with mental health
disorders and enhance their access to mental health services;
and
``(6) improve the efficacy of outreach efforts.
``(b) Grants.--The Secretary, acting through the Administrator and
in consultation with the Secretary of Education, shall award
competitive grants to eligible entities to improve mental and
behavioral health services and outreach on college and university
campuses.
``(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an entity shall--
``(1) be an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, including the information required under
subsection (d).
``(d) Application.--An application for a grant under this section
shall include--
``(1) a description of the population to be targeted by the
program carried out under the grant, the particular mental and
behavioral health needs of the students involved, and the
Federal, State, local, private, and institutional resources
available for meeting the needs of such students at the time
the application is submitted;
``(2) an outline of the objectives of the program carried
out under the grant;
``(3) a description of activities, services, and training
to be provided under the program, including planned outreach
strategies to reach students not currently seeking services;
``(4) a plan to seek input from community mental health
providers, when available, community groups, and other public
and private entities in carrying out the program;
``(5) a plan, when applicable, to meet the specific mental
and behavioral health needs of veterans attending institutions
of higher education;
``(6) a description of the methods to be used to evaluate
the outcomes and effectiveness of the program; and
``(7) an assurance that grant funds will be used to
supplement, and not supplant, any other Federal, State, or
local funds available to carry out activities of the type
carried out under the grant.
``(e) Special Considerations.--In awarding grants under this
section, the Secretary shall give special consideration to applications
that describe programs to be carried out under the grant that--
``(1) demonstrate the greatest need for new or additional
mental and behavioral health services, in part by providing
information on current ratios of students to mental and
behavioral health professionals;
``(2) propose effective approaches for initiating or
expanding campus services and supports using evidence-based
practices;
``(3) target traditionally underserved populations and
populations most at risk;
``(4) where possible, demonstrate an awareness of, and a
willingness to, coordinate with a community mental health
center or other mental health resource in the community, to
support screening and referral of students requiring intensive
services;
``(5) identify how the college or university will address
psychiatric emergencies, including how information will be
communicated with families or other appropriate parties; and
``(6) demonstrate the greatest potential for replication
and dissemination.
``(f) Use of Funds.--Amounts received under a grant under this
section may be used to--
``(1) provide mental and behavioral health services to
students, including prevention, promotion of mental health,
screening, early intervention, assessment, treatment,
management, and education services relating to the mental and
behavioral health of students;
``(2) provide outreach services to notify students about
the existence of mental and behavioral health services;
``(3) educate families, peers, faculty, staff, and
communities to increase awareness of mental health issues;
``(4) support student groups on campus that engage in
activities to educate students, reduce stigma surrounding
mental and behavioral disorders, and promote mental health
wellness;
``(5) employ appropriately trained staff;
``(6) expand mental health training through internship,
post-doctorate, and residency programs;
``(7) develop and support evidence-based and emerging best
practices, including a focus on culturally and linguistically
appropriate best practices; and
``(8) evaluate and disseminate best practices to other
colleges and universities.
``(g) Duration of Grants.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(h) Evaluation and Reporting.--
``(1) Evaluation.--Not later than 18 months after the date
on which a grant is received under this section, the eligible
entity involved shall submit to the Secretary the results of an
evaluation to be conducted by the entity concerning the
effectiveness of the activities carried out under the grant and
plans for the sustainability of such efforts.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of--
``(A) the evaluations conducted under paragraph
(1); and
``(B) an evaluation conducted by the Secretary to
analyze the effectiveness and efficacy of the
activities conducted with grants under this section.
``(i) Technical Assistance.--The Secretary may provide technical
assistance to grantees in carrying out this section.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON
COLLEGE CAMPUSES.
``(a) Purpose.--It is the purpose of this section to increase
access to, and reduce the stigma associated with, mental health
services so as to ensure that college students have the support
necessary to successfully complete their studies.
``(b) National Public Education Campaign.--The Secretary, acting
through the Administrator and in collaboration with the Director of the
Centers for Disease Control and Prevention, shall convene an
interagency, public-private sector working group to plan, establish,
and begin coordinating and evaluating a targeted public education
campaign that is designed to focus on mental and behavioral health on
college campuses. Such campaign shall be designed to--
``(1) improve the general understanding of mental health
and mental health disorders;
``(2) encourage help-seeking behaviors relating to the
promotion of mental health, prevention of mental health
disorders, and treatment of such disorders;
``(3) make the connection between mental and behavioral
health and academic success; and
``(4) assist the general public in identifying the early
warning signs and reducing the stigma of mental illness.
``(c) Composition.--The working group under subsection (b) shall
include--
``(1) mental health consumers, including students and
family members;
``(2) representatives of colleges and universities;
``(3) representatives of national mental and behavioral
health and college associations;
``(4) representatives of college health promotion and
prevention organizations;
``(5) representatives of mental health providers, including
community mental health centers; and
``(6) representatives of private- and public-sector groups
with experience in the development of effective public health
education campaigns.
``(d) Plan.--The working group under subsection (b) shall develop a
plan that shall--
``(1) target promotional and educational efforts to the
college age population and individuals who are employed in
college and university settings, including the use of
roundtables;
``(2) develop and propose the implementation of research-
based public health messages and activities;
``(3) provide support for local efforts to reduce stigma by
using the National Mental Health Information Center as a
primary point of contact for information, publications, and
service program referrals; and
``(4) develop and propose the implementation of a social
marketing campaign that is targeted at the college population
and individuals who are employed in college and university
settings.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.
(a) Purpose.--It is the purpose of this section, pursuant to
Executive Order 13263 (and the recommendations issued under section
6(b) of such Order), to provide for the establishment of a College
Campus Task Force under the Federal Executive Steering Committee on
Mental Health, to discuss mental and behavioral health concerns on
college and university campuses.
(b) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
College Campus Task Force (referred to in this section as the ``Task
Force''), under the Federal Executive Steering Committee on Mental
Health, to discuss mental and behavioral health concerns on college and
university campuses.
(c) Membership.--The Task Force shall be composed of a
representative from each Federal agency (as appointed by the head of
the agency) that has jurisdiction over, or is affected by, mental
health and education policies and projects, including--
(1) the Department of Education;
(2) the Department of Health and Human Services;
(3) the Department of Veterans Affairs; and
(4) such other Federal agencies as the Administrator of the
Substance Abuse and Mental Health Services Administration and
the Secretary jointly determine to be appropriate.
(d) Duties.--The Task Force shall--
(1) serve as a centralized mechanism to coordinate a
national effort--
(A) to discuss and evaluate evidence and knowledge
on mental and behavioral health services available to,
and the prevalence of mental health illness among, the
college age population of the United States;
(B) to determine the range of effective, feasible,
and comprehensive actions to improve mental and
behavioral health on college and university campuses;
(C) to examine and better address the needs of the
college age population dealing with mental illness;
(D) to survey Federal agencies to determine which
policies are effective in encouraging, and how best to
facilitate outreach without duplicating, efforts
relating to mental and behavioral health promotion;
(E) to establish specific goals within and across
Federal agencies for mental health promotion, including
determinations of accountability for reaching those
goals;
(F) to develop a strategy for allocating
responsibilities and ensuring participation in mental
and behavioral health promotions, particularly in the
case of competing agency priorities;
(G) to coordinate plans to communicate research
results relating to mental and behavioral health
amongst the college age population to enable reporting
and outreach activities to produce more useful and
timely information;
(H) to provide a description of evidence-based best
practices, model programs, effective guidelines, and
other strategies for promoting mental and behavioral
health on college and university campuses;
(I) to make recommendations to improve Federal
efforts relating to mental and behavioral health
promotion on college campuses and to ensure Federal
efforts are consistent with available standards and
evidence and other programs in existence as of the date
of enactment of this Act; and
(J) to monitor Federal progress in meeting specific
mental and behavioral health promotion goals as they
relate to college and university settings;
(2) consult with national organizations with expertise in
mental and behavioral health, especially those organizations
working with the college age population; and
(3) consult with and seek input from mental health
professionals working on college and university campuses as
appropriate.
(e) Meetings.--
(1) In general.--The Task Force shall meet at least 3 times
each year.
(2) Annual conference.--The Secretary shall sponsor an
annual conference on mental and behavioral health in college
and university settings to enhance coordination, build
partnerships, and share best practices in mental and behavioral
health promotion, data collection, analysis, and services.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses.
Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need; (2) propose effective approaches for initiating or expanding campus services; (3) target underserved and at-risk populations; (4) coordinate with a community mental health center or other community mental health resources; (5) identify how the college or university will address psychiatric emergencies; and (6) demonstrate the greatest potential for replication and dissemination.
Allows the Secretary to provide technical assistance to grantees.
Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses.
Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses. | To amend the Public Health Service Act to improve mental and behavioral health services on college campuses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Youth Telemental Health
Demonstration Project Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) suicide for Indians and Alaska Natives is 2\1/2\ times
higher than the national average and the highest for all ethnic
groups in the United States, at a rate of more than 16 per
100,000 males of all age groups, and 27.9 per 100,000 for males
aged 15 through 24, according to data for 2002;
(2) according to national data for 2002, suicide was the
second-leading cause of death for Indians and Alaska Natives
aged 15 through 34 and the fourth-leading cause of death for
Indians and Alaska Natives aged 10 through 14;
(3) the suicide rates of Indian and Alaska Native males
aged 15 through 24 are nearly 4 times greater than suicide
rates of Indian and Alaska Native females of that age group;
(4)(A) 90 percent of all teens who die by suicide suffer
from a diagnosable mental illness at the time of death; and
(B) more than \1/2\ of the people who commit suicide in
Indian Country have never been seen by a mental health
provider;
(5) death rates for Indians and Alaska Natives are
statistically underestimated;
(6) suicide clustering in Indian Country affects entire
tribal communities; and
(7) since 2003, the Indian Health Service has carried out a
National Suicide Prevention Initiative to work with Service,
tribal, and urban Indian health programs.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
to carry out a demonstration project to test the use of telemental
health services in suicide prevention, intervention, and treatment of
Indian youth, including through--
(1) the use of psychotherapy, psychiatric assessments,
diagnostic interviews, therapies for mental health conditions
predisposing to suicide, and alcohol and substance abuse
treatment;
(2) the provision of clinical expertise to, consultation
services with, and medical advice and training for frontline
health care providers working with Indian youth;
(3) training and related support for community leaders,
family members and health and education workers who work with
Indian youth;
(4) the development of culturally-relevant educational
materials on suicide; and
(5) data collection and reporting.
SEC. 3. DEFINITIONS.
In this Act:
(1) Demonstration project.--The term ``demonstration
project'' means the Indian youth telemental health
demonstration project authorized under section 4(a).
(2) Department.--The term ``Department'' means the
Department of Health and Human Services.
(3) Indian.--The term ``Indian'' means any individual who
is a member of an Indian tribe or is eligible for health
services under the Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.).
(4) 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).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Service.--The term ``Service'' means the Indian Health
Service.
(7) Telemental health.--The term ``telemental health''
means the use of electronic information and telecommunications
technologies to support long distance mental health care,
patient and professional-related education, public health, and
health administration.
(8) Traditional health care practices.--The term
``traditional health care practices'' means the application by
Native healing practitioners of the Native healing sciences (as
opposed or in contradistinction to Western healing sciences)
that--
(A) embody the influences or forces of innate
Tribal discovery, history, description, explanation and
knowledge of the states of wellness and illness; and
(B) call upon those influences or forces in the
promotion, restoration, preservation, and maintenance
of health, well-being, and life's harmony.
(9) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT.
(a) Authorization.--
(1) In general.--The Secretary is authorized to carry out a
demonstration project to award grants for the provision of
telemental health services to Indian youth who--
(A) have expressed suicidal ideas;
(B) have attempted suicide; or
(C) have mental health conditions that increase or
could increase the risk of suicide.
(2) Eligibility for grants.--Grants described in paragraph
(1) shall be awarded to Indian tribes and tribal organizations
that operate 1 or more facilities--
(A) located in Alaska and part of the Alaska
Federal Health Care Access Network;
(B) reporting active clinical telehealth
capabilities; or
(C) offering school-based telemental health
services relating to psychiatry to Indian youth.
(3) Grant period.--The Secretary shall award grants under
this section for a period of up to 4 years.
(4) Maximum number of grants.--Not more than 5 grants shall
be provided under paragraph (1), with priority consideration
given to Indian tribes and tribal organizations that--
(A) serve a particular community or geographic area
in which there is a demonstrated need to address Indian
youth suicide;
(B) enter into collaborative partnerships with
Service or other tribal health programs or facilities
to provide services under this demonstration project;
(C) serve an isolated community or geographic area
which has limited or no access to behavioral health
services; or
(D) operate a detention facility at which Indian
youth are detained.
(b) Use of Funds.--An Indian tribe or tribal organization shall use
a grant received under subsection (a) for the following purposes:
(1) To provide telemental health services to Indian youth,
including the provision of--
(A) psychotherapy;
(B) psychiatric assessments and diagnostic
interviews, therapies for mental health conditions
predisposing to suicide, and treatment; and
(C) alcohol and substance abuse treatment.
(2) To provide clinician-interactive medical advice,
guidance and training, assistance in diagnosis and
interpretation, crisis counseling and intervention, and related
assistance to Service or tribal clinicians and health services
providers working with youth being served under the
demonstration project.
(3) To assist, educate, and train community leaders, health
education professionals and paraprofessionals, tribal outreach
workers, and family members who work with the youth receiving
telemental health services under the demonstration project,
including with identification of suicidal tendencies, crisis
intervention and suicide prevention, emergency skill
development, and building and expanding networks among those
individuals and with State and local health services providers.
(4) To develop and distribute culturally-appropriate
community educational materials on--
(A) suicide prevention;
(B) suicide education;
(C) suicide screening;
(D) suicide intervention; and
(E) ways to mobilize communities with respect to
the identification of risk factors for suicide.
(5) To conduct data collection and reporting relating to
Indian youth suicide prevention efforts.
(c) Applications.--To be eligible to receive a grant under
subsection (a), an Indian tribe or tribal organization shall prepare
and submit to the Secretary an application, at such time, in such
manner, and containing such information as the Secretary may require,
including--
(1) a description of the project that the Indian tribe or
tribal organization will carry out using the funds provided
under the grant;
(2) a description of the manner in which the project funded
under the grant would--
(A) meet the telemental health care needs of the
Indian youth population to be served by the project; or
(B) improve the access of the Indian youth
population to be served to suicide prevention and
treatment services;
(3) evidence of support for the project from the local
community to be served by the project;
(4) a description of how the families and leadership of the
communities or populations to be served by the project would be
involved in the development and ongoing operations of the
project;
(5) a plan to involve the tribal community of the youth who
are provided services by the project in planning and evaluating
the mental health care and suicide prevention efforts provided,
in order to ensure the integration of community, clinical,
environmental, and cultural components of the treatment; and
(6) a plan for sustaining the project after Federal
assistance for the demonstration project has terminated.
(d) Traditional Health Care Practices.--The Secretary, acting
through the Service, shall ensure that the demonstration project
involves the use and promotion of the traditional health care practices
of the Indian tribes of the youth to be served.
(e) Collaboration.--The Secretary, acting through the Service,
shall encourage Indian tribes and tribal organizations receiving grants
under this section to collaborate to enable comparisons about best
practices across projects.
(f) Annual Report.--Each grant recipient shall submit to the
Secretary an annual report that--
(1) describes the number of telemental health services
provided; and
(2) includes any other information that the Secretary may
require.
(g) Report to Congress.--Not later than 270 days after the date of
termination of the demonstration project, the Secretary shall submit to
the Committee on Indian Affairs of the Senate and the Committee on
Resources and the Committee on Energy and Commerce of the House of
Representatives a final report that--
(1) describes the results of the projects funded by grants
awarded under this section, including any data available that
indicate the number of attempted suicides;
(2) evaluates the impact of the telemental health services
funded by the grants in reducing the number of completed
suicides among Indian youth;
(3) evaluates whether the demonstration project should be--
(A) expanded to provide more than 5 grants; and
(B) designated a permanent program; and
(4) evaluates the benefits of expanding the demonstration
project to include urban Indian organizations.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000 for each of fiscal
years 2007 through 2010.
Passed the Senate May 11, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide.
Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network; (2) reporting active clinical telehealth capabilities; or (3) offering school-based telemental health services relating to psychiatry to Indian youth. | A bill to establish an Indian youth telemental health demonstration project. |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Temporary Emergency Unemployment
Compensation Act of 2001''.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (in this title referred to as the ``Secretary''). Any State which
is a party to an agreement under this title may, upon providing 30 days
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
temporary emergency unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law;
(2) have no rights to compensation (including both regular
compensation and extended compensation) with respect to a week
under such law or any other State unemployment compensation law
or to compensation under any other Federal law (and are not
paid or entitled to be paid any additional compensation under
any State or Federal law); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount.--For purposes of any agreement under
this title--
(1) the amount of temporary emergency unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary emergency unemployment
compensation and the payment thereof, except where inconsistent
with the provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to carry
out this title; and
(3) the maximum amount of temporary emergency unemployment
compensation payable to any individual for whom a temporary
emergency unemployment compensation account is established
under section 3 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State is
authorized and may elect to trigger off an extended compensation period
in order to provide payment of temporary emergency unemployment
compensation to individuals who have exhausted their rights to regular
compensation under State law.
SEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this title shall provide that
the State will establish, for each eligible individual who files an
application for temporary emergency unemployment compensation, a
temporary emergency unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to 13 times the individual's
average weekly benefit amount for the benefit year.
(2) Reduction for extended benefits.--The amount in an
account under paragraph (1) shall be reduced (but not below
zero) by the aggregate amount of extended compensation (if any)
received by such individual relating to the same benefit year
under the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
(3) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State that has
entered into an agreement under this title an amount equal to 100
percent of the temporary emergency unemployment compensation paid to
individuals by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
title or chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in respect of
any compensation to the extent the State is entitled to reimbursement
under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this title shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this title 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.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the
making of payments to States having agreements entered into under this
title.
(b) Certification.--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 title. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated, without fiscal
year limitation, such funds as may be necessary for purposes of
assisting States (as provided in title III of the Social Security Act
(42 U.S.C. 501 et seq.) in meeting the costs of administration of
agreements under this title.
(d) Authorization of Appropriations for Certain Payments.--There
are appropriated from the general fund of the Treasury, without fiscal
year limitation, to the extended unemployment compensation account (as
so established) of the Unemployment Trust Fund (as so established) such
sums as the Secretary estimates to be necessary to make the payments
under this section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary emergency unemployment compensation under this
title to which he was not entitled, such individual--
(1) shall be ineligible for further temporary emergency
unemployment compensation under this title in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary emergency unemployment compensation under this
title to which they were not entitled, the State shall require such
individuals to repay the amounts of such emergency unemployment
compensation to the State agency, except that the State agency may
waive such repayment if it determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary emergency unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any Federal
unemployment compensation law administered by the State agency
or under any other Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the temporary emergency unemployment compensation to which they
were not entitled, except that no single deduction may exceed
50 percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
In this title, the terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``additional compensation'',
``benefit year'', ``base period'', ``State'', ``State agency'', ``State
law'', and ``week'' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
SEC. 8. APPLICABILITY.
An agreement entered into under this Act shall apply to weeks of
unemployment--
(1) beginning no earlier than the first day of the first
week beginning after the date on which such agreement is
entered into; and
(2) ending before the date that is 18 months after the date
of enactment of this Act.
SEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS
OF ADVANCES TO STATE UNEMPLOYMENT FUNDS.
With respect to advances made to a State under section 1201 of the
Social Security Act (42 U.S.C. 1321) during the period beginning on the
date of enactment of this Act and ending on the date that is 18 months
after such date of enactment, the rate of interest paid by a State on
such an advance shall be determined under section 1202(b)(4) of the
such Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10
percent'' in the matter preceding subparagraph (A). | Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC).Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year.Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds. | A bill to provide for a program of temporary enhanced unemployment benefits. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Resources Conservation and
Shortage Relief Amendments Act of 1993''.
SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND
OTHER PUBLIC LANDS.
Section 491 of the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620c) is amended--
(1) in subsection (a)--
(A) by striking ``(e)'' and inserting ``(g)''; and
(B) by striking ``in the amounts specified'' and inserting
``as provided'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, notwithstanding any other provision
of law,'' after ``prohibit''; and
(ii) by striking ``not later than 21 days after the date
of the enactment of this Act'' and inserting ``, effective
June 1, 1993'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) The Secretary of Commerce shall issue an order
referred to in subsection (a) to prohibit, notwithstanding any
other provision of law, the export of unprocessed timber
originating from public lands, effective during the period
beginning on June 1, 1993, and ending on December 31, 1995.'';
(ii) by striking subparagraphs (B) and (C); and
(iii) in subparagraph (D)--
(I) by redesignating such subparagraph as
subparagraph (B); and
(II) by striking ``total annual sales volume'' and
inserting ``annual sales volume in that State of
unprocessed timber originating from public lands'';
(C) in paragraph (3)--
(i) by redesignating such paragraph as paragraph (4);
and
(ii) by striking ``States pursuant to this title'' and
inserting ``the Secretary of Commerce pursuant to this title
and the effectiveness of State programs authorized under
subsection (d)''; and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) Prohibition on substitution.--
``(A) Prohibition.--Subject to subparagraph (B), each order
of the Secretary of Commerce under paragraph (1) or (2) shall
also prohibit, notwithstanding any other provision of law, any
person from purchasing, directly or indirectly, unprocessed
timber originating from public lands in a State if--
``(i) such unprocessed timber would be used in
substitution for exported unprocessed timber originating
from private lands in that State; or
``(ii) such person has, during the preceding 24-month
period, exported unprocessed timber originating from private
lands in that State.
``(B) Exemption.--The prohibitions referred to in
subparagraph (A) shall not apply in a State on or after the date
on which--
``(i) the Governor of that State provides the Secretary
of Commerce with notification of a prior program under
subparagraph (C) of subsection (d)(2),
``(ii) the Secretary of Commerce approves a program of
that State under subparagraph (A) of subsection (d)(2), or
``(iii) regulations of the Secretary of Commerce issued
under subsection (c) to carry out this section take effect,
whichever occurs first.'';
(3) by redesignating subsections (e) through (j) as subsections
(g) through (l), respectively; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(c) Federal Program.--
``(1) Administration by the secretary of commerce.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Commerce shall, as soon as possible after the date
of the enactment of the Forest Resources Conservation and
Shortage Relief Amendments Act of 1993--
``(i) determine the species, grades, and geographic
origin of unprocessed timber to be prohibited from export in
each State that is subject to an order issued under
subsection (a);
``(ii) administer the prohibitions consistent with this
title;
``(iii) ensure that the species, grades, and geographic
origin of unprocessed timber prohibited from export within
each State is representative of the species, grades, and
geographic origin of timber comprising the total timber
sales program of the State; and
``(iv) issue such regulations as are necessary to carry
out this section.
``(B) Exemption.--The actions and regulations of the
Secretary under subparagraph (A) shall not apply with respect to
a State that is administering and enforcing a program under
subsection (d).
``(2) Cooperation with other agencies.--The Secretary of
Commerce is authorized to enter into agreements with Federal and
State agencies with appropriate jurisdiction to assist the Secretary
in carrying out this title.
``(d) Authorized State Programs.--
``(1) Authorization of new state programs.--Notwithstanding
subsection (c), the Governor of any State may submit a program to
the Secretary of Commerce for approval that--
``(A) implements, with respect to unprocessed timber
originating from public lands in that State, the prohibition on
exports set forth in the Secretary's order under subsection (a);
and
``(B) ensures that the species, grades, and geographic
origin of unprocessed timber prohibited from export within the
State is representative of the species, grades, and geographic
origin of timber comprising the total timber sales program of
the State.
``(2) Approval of state programs.--
``(A) Program approval.--Not later than 30 days after the
submission of a program under paragraph (1), the Secretary of
Commerce shall approve the program unless the Secretary finds
that the program will result in the export of unprocessed timber
from public lands in violation of this title and publishes that
finding in the Federal Register.
``(B) State program in lieu of federal program.--If the
Secretary of Commerce approves a program submitted under
paragraph (1), the Governor of the State for which the program
was submitted, or such other official of that State as the
Governor may designate, may administer and enforce the program,
which shall apply in that State in lieu of the regulations
issued under subsection (c).
``(C) Prior state programs.--Not later than 30 days after
the date of the enactment of the Forest Resources Conservation
and Shortage Relief Amendments Act of 1993, the Governor of any
State that had, before May 4, 1993, issued regulations under
this subsection as in effect before May 4, 1993, may provide the
Secretary of Commerce with written notification that the State
has a program that was in effect on May 3, 1993, and that meets
the requirements of paragraph (1). Upon such notification, that
State may administer and enforce that program in that State
until the end of the 9-month period beginning on the date on
which the Secretary of Commerce issues regulations under
subsection (c), and that program shall, during the period in
which it is so administered and enforced, apply in that State in
lieu of the regulations issued under subsection (c). Such
Governor may submit, with such notification, the program for
approval by the Secretary under paragraph (1).
``(e) Prior Contracts.--Nothing in this section shall apply to--
``(1) any contract for the purchase of unprocessed timber
originating from public lands that was entered into before--
``(A) September 10, 1990, with respect to States with annual
sales volumes of 400,000,000 board feet or less; or
``(B) January 1, 1991, with respect to States with annual
sales volumes greater than 400,000,000 board feet; or
``(2) any contract under which exports of unprocessed timber
were permitted pursuant to an order of the Secretary of Commerce in
effect under this section before October 23, 1992.
``(f) Western Red Cedar.--Nothing in this section shall be construed
to supersede section 7(i) of the Export Administration Act of 1979 (50
U.S.C. App. 2406(i)).''.
SEC. 3. MONITORING AND ENFORCEMENT.
(a) Monitoring.--Section 492(a) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end of the
paragraph;
(2) in paragraph (2), by striking the period at the end of the
paragraph and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) each person who acquires, either directly or indirectly,
unprocessed timber originating from public lands in a State that is
subject to an order issued by the Secretary of Commerce under
section 491(a), other than a State that is administering and
enforcing a program under section 491(d), shall report the receipt
and disposition of the timber to the Secretary of Commerce, in such
form as the Secretary may by rule prescribe, except that nothing in
this paragraph shall be construed to hold any person responsible for
reporting the disposition of any timber held by subsequent persons;
and
``(4) each person who transfers to another person unprocessed
timber originating from public lands in a State that is subject to
an order issued by the Secretary of Commerce under section 491(a),
other than a State that is administering and enforcing a program
under section 491(d), shall, before completing the transfer--
``(A) provide to such other person a written notice, in such
form as the Secretary of Commerce may prescribe, that shall
identify the public lands from which the timber originated; and
``(B) receive from such other person--
``(i) a written acknowledgment of the notice, and
``(ii) a written agreement that the recipient of the
timber will comply with the requirements of this title,
in such form as the Secretary of Commerce may prescribe; and
``(C) provide to the Secretary of Commerce copies of all
notices, acknowledgments, and agreements referred to in
subparagraphs (A) and (B).''.
(b) Civil Penalties.--Section 492(c) of the Forest Resources
Conservation and Shortage Relief Act of 1990 is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' before ``If the Secretary''; and
(B) by adding at the end the following:
``(B)(i) Subject to clause (ii), if the Secretary of Commerce
finds, on the record and after an opportunity for a hearing, that a
person, with willful disregard for the restrictions contained in an
order of the Secretary under section 491(a) on exports of
unprocessed timber from public lands, exported or caused to be
exported unprocessed timber originating from public lands in
violation of such order, the Secretary may assess against such
person a civil penalty of not more than $500,000 for each violation,
or 3 times the gross value of the unprocessed timber involved in the
violation, whichever amount is greater.
``(ii) Clause (i) shall not apply with respect to exports of
unprocessed timber originating from public lands in a State that is
administering and enforcing a program under section 491(d).''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(B) by inserting ``(A)'' before ``If the Secretary''; and
(C) by adding at the end the following:
``(B)(i) Subject to clause (ii), if the Secretary of Commerce
finds, on the record and after an opportunity for a hearing, that a
person has violated, on or after June 1, 1993, any provision of this
title or any regulation issued under this title relating to the
export of unprocessed timber originating from public lands (whether
or not the violation caused the export of unprocessed timber from
public lands in violation of this title), the Secretary may assess
against such person a civil penalty to the same extent as the
Secretary concerned may impose a penalty under clause (i), (ii), or
(iii) of subparagraph (A).
``(ii) Clause (i) shall not apply with respect to unprocessed
timber originating from public lands in a State that is
administering and enforcing a program under section 491(d).''.
SEC. 4. SEVERABILITY.
If any provision of this Act or the amendments made by this Act, or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act and such amendments and the application of
such provision to other persons not similarly situated or to other
circumstances shall not be affected by such invalidation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to: (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber; and (2) administer such prohibitions.
Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one.
Establishes civil penalties for violations of this Act. | Forest Resources Conservation and Shortage Relief Amendments Act of 1993 |
TITLE I--LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK.
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1)(A) immigration, and the resulting diversity of cultural
influences, is a key factor in defining the identity of the United
States; and
(B) many United States citizens trace their ancestry to persons
born in nations other than the United States;
(2) the latter part of the 19th century and the early part of
the 20th century marked a period in which the volume of immigrants
coming to the United States far exceeded that of any time prior to
or since that period;
(3) no single identifiable neighborhood in the United States
absorbed a comparable number of immigrants than the Lower East Side
neighborhood of Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Orchard Street in New
York City is an outstanding survivor of the vast number of humble
buildings that housed immigrants to New York City during the
greatest wave of immigration in American history;
(5) the Lower East Side Tenement is owned and operated as a
museum by the Lower East Side Tenement Museum;
(6) the Lower East Side Tenement Museum is dedicated to
interpreting immigrant life within a neighborhood long associated
with the immigrant experience in the United States, New York City's
Lower East Side, and its importance to United States history; and
(7)(A) the Director of the National Park Service found the
Lower East Side Tenement at 97 Orchard Street to be nationally
significant; and
(B) the Secretary of the Interior declared the Lower East Side
Tenement a National Historic Landmark on April 19, 1994; and
(C) the Director of the National Park Service, through a
special resource study, found the Lower East Side Tenement suitable
and feasible for inclusion in the National Park System.
(b) Purposes.--The purposes of this title are--
(1) to ensure the preservation, maintenance, and interpretation
of this site and to interpret at the site the themes of
immigration, tenement life in the latter half of the 19th century
and the first half of the 20th century, the housing reform
movement, and tenement architecture in the United States;
(2) to ensure continued interpretation of the nationally
significant immigrant phenomenon associated with New York City's
Lower East Side and the Lower East Side's role in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton, Ellis
Island, and Statue of Liberty National Monuments.
SEC. 102. DEFINITIONS.
As used in this title:
(1) Historic site.--The term ``historic site'' means the Lower
East Side Tenement found at 97 Orchard Street on Manhattan Island
in the City of New York, State of New York, and designated as a
national historic site by section 103.
(2) Museum.--The term ``Museum'' means the Lower East Side
Tenement Museum, a nonprofit organization established in the City
of New York, State of New York, which owns and operates the
tenement building at 97 Orchard Street and manages other properties
in the vicinity of 97 Orchard Street as administrative and program
support facilities for 97 Orchard Street.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 103. ESTABLISHMENT OF HISTORIC SITE.
(a) In General.--To further the purposes of this title and the Act
entitled ``An Act to provide for the preservation of historic American
sites, buildings, objects, and antiquities of national significance,
and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.), the Lower East Side Tenement at 97 Orchard Street, in the City
of New York, State of New York, is designated a national historic site.
(b) Coordination With National Park System.--
(1) Affiliated site.--The historic site shall be an affiliated
site of the National Park System.
(2) Coordination.--The Secretary, in consultation with the
Museum, shall coordinate the operation and interpretation of the
historic site with the Statue of Liberty National Monument, Ellis
Island National Monument, and Castle Clinton National Monument. The
historic site's story and interpretation of the immigrant
experience in the United States is directly related to the themes
and purposes of these National Monuments.
(c) Ownership.--The historic site shall continue to be owned,
operated, and managed by the Museum.
SEC. 104. MANAGEMENT OF THE HISTORIC SITE.
(a) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with the Museum to ensure the marking,
interpretation, and preservation of the national historic site
designated by section 103(a).
(b) Technical and Financial Assistance.--The Secretary may provide
technical and financial assistance to the Museum to mark, interpret,
and preserve the historic site, including making preservation-related
capital improvements and repairs.
(c) General Management Plan.--
(1) In general.--The Secretary, in consultation with the
Museum, shall develop a general management plan for the historic
site that defines the role and responsibility of the Secretary with
regard to the interpretation and the preservation of the historic
site.
(2) Integration with national monuments.--The plan shall
outline how interpretation and programming for the historic site
shall be integrated and coordinated with the Statue of Liberty
National Monument, Ellis Island National Monument, and Castle
Clinton National Monument to enhance the story of the historic site
and these National Monuments.
(3) Completion.--The plan shall be completed not later than 2
years after the date of enactment of this Act.
(d) Limited Role of Secretary.--Nothing in this title authorizes
the Secretary to acquire the property at 97 Orchard Street or to assume
overall financial responsibility for the operation, maintenance, or
management of the historic site.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE II--OTHER MATTERS
SEC. 201. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA.
(a) Findings.--The Congress finds and declares that--
(1) the Casa Malpais National Historic Landmark was occupied by
one of the largest and most sophisticated Mogollon communities in
the United States;
(2) the landmark includes a 58-room masonry pueblo, including
stairways, Great Kiva complex, and fortification walls, a
prehistoric trail, and catacomb chambers where the deceased were
placed;
(3) the Casa Malpais was designated as a national historic
landmark by the Secretary of the Interior in 1964; and
(4) the State of Arizona and the community of Springerville are
undertaking a program of interpretation and preservation of the
landmark.
(b) Purpose.--It is the purpose of this section to assist in the
preservation and interpretation of the Casa Malpais National Historic
Landmark for the benefit of the public.
(c) Cooperative Agreements.--
(1) In general.--In furtherance of the purpose of this section,
the Secretary of the Interior is authorized to enter into
cooperative agreements with the State of Arizona and the town of
Springerville, Arizona, pursuant to which the Secretary may provide
technical assistance to interpret, operate, and maintain the Casa
Malpais National Historic Landmark and may also provide financial
assistance for planning, staff training, and development of the
Casa Malpais National Historic Landmark, but not including other
routine operations.
(2) Additional provisions.--Any such agreement may also contain
provisions that--
(A) the Secretary, acting through the Director of the
National Park Service, shall have right to access at all
reasonable times to all public portions of the property covered
by such agreement for the purpose of interpreting the landmark;
and
(B) no changes or alterations shall be made in the landmark
except by mutual agreement between the Secretary and the other
parties to all such agreements.
(d) Appropriations.--There are authorized to be appropriated such
sums as may be necessary to provide financial assistance in accordance
with this section.
SEC. 202. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL LAKESHORE.
Section 6 of the Act of October 15, 1966, entitled ``An Act to
establish in the State of Michigan the Pictured Rocks National
Lakeshore, and for other purposes'' (16 U.S.C. 460s-5), is amended as
follows:
(1) In subsection (b)(1) by striking ``including a scenic
shoreline drive'' and inserting ``including appropriate
improvements to Alger County Road H-58''.
(2) By adding at the end the following new subsection:
``(c) Prohibition of Certain Construction.--A scenic shoreline
drive may not be constructed in the Pictured Rocks National
Lakeshore.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Lower East Side Tenement National Historic Site,
New York
Title II: Other Matters
Title I: Lower East Side Tenement National Historic Site, New York
- Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System.
Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments. Provides that the Site shall continue to own, operate, and manage the Lower East Side Tenement Museum.
Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site.
Requires the Secretary to develop a general management plan for the Site that: (1) defines the Secretary's role and responsibility with regard to the interpretation and preservation of the Site; and (2) outlines how interpretation and programming for the Site shall be integrated and coordinated with the Statute of Liberty, Ellis Island, and Castle Clinton National Monuments to enhance the story of the Site and Monuments.
Authorizes appropriations.
Title II: Other Matters - Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations.
Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements.
Authorizes appropriations.
Amends Federal law to include in the land and water use management plan for the Pictured Rocks National Lakeshore, Michigan, provisions for appropriate improvements to Alger County Road H-58. Prohibits construction of a scenic shoreline drive in the Lakeshore. | Lower East Side Tenement National Historic Site Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Health Security Act of
2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States-Mexico border is an interdependent
and dynamic region of more than 15,000,000 people with
significant and unique public health challenges.
(2) These challenges include low rates of health insurance
coverage, poor access to health care services, high
unemployment rates, low educational attainment, and high rates
of dangerous diseases, such as tuberculosis, diabetes, obesity,
and other non-communicable diseases.
(3) As the 2009 novel influenza A (H1N1) pandemic
illustrated, diseases do not respect international boundaries,
and a strong public health effort at and along the borders is
crucial to not only protect and improve the health of Americans
but also to help secure the country against threats to
biosecurity and other emerging threats.
(4) For 11 years, the United States-Mexico Border Health
Commission has served as a crucial binational institution to
address these unique and truly cross-border health issues.
(5) More than 75 percent of Canadians live within 100 miles
of the United States border. The 2003 epidemic of severe acute
respiratory syndrome caused more than 250 illnesses in the
Greater Toronto Area, just 80 miles from New York.
SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.
The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended--
(1) in section 3--
(A) in paragraph (1), by striking ``; and'' and
inserting ``;'';
(B) in paragraph (2), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) to cooperate with the Canada-United States Pan Border
Public Health Preparedness Council (referred to in this Act as
the `Council'), as appropriate; and
``(4) to serve as an independent and objective body to both
recommend and implement initiatives that solve border health
issues.'';
(2) in section 5--
(A) in subsection (b), by striking ``should be the
leader'' and inserting ``shall be the Chair''; and
(B) by adding at the end the following:
``(d) Providing Advice and Recommendations.--Members of the
Commission and the Council may at any time provide advice or
recommendations to the Secretary, Congress, or any Member of Congress
concerning issues that are considered by the Commission or Council.
Such advice or recommendations may be provided regardless of whether a
request for such is made and regardless of whether the member or
individual is authorized to provide such advice or recommendations by
the Commission or Council or any other Federal official.'';
(3) by redesignating section 8 as section 12;
(4) by striking section 7 and inserting the following:
``SEC. 7. BORDER HEALTH GRANTS.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, public institution of higher education, local
government, Indian tribe, tribal organization, urban Indian
organization, nonprofit health organization, trauma center, critical
access hospital or other hospital that serves rural or other vulnerable
communities and populations, faith-based entity, or community health
center receiving assistance under section 330 of the Public Health
Service Act (42 U.S.C. 254b), that is located in the United States-
Mexico border area or the United States-Canada border area.
``(b) Authorization.--From amounts appropriated under section 11,
the Secretary, in consultation with members of the Commission and
Council and in coordination with the Office of Global Affairs, shall
award grants to eligible entities to address priorities and
recommendations outlined by the strategic plan and operational work
plan of the Commission and the Council, as authorized under section 9,
to improve the health of United States-Mexico border area and United
States-Canada border area residents.
``(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for any of the following:
``(1) Programs relating to any one or more of the
following:
``(A) Maternal and child health.
``(B) Primary care and preventative health.
``(C) Infectious disease testing, monitoring, and
surveillance.
``(D) Public health and public health
infrastructure.
``(E) Health promotion.
``(F) Oral health.
``(G) Behavioral and mental health.
``(H) Substance abuse prevention and harm
reduction.
``(I) Health conditions that have a high prevalence
in the United States-Mexico border area or United
States-Canada border area.
``(J) Medical and health services research.
``(K) Workforce training and development.
``(L) Community health workers and promotoras.
``(M) Health care infrastructure problems in the
United States-Mexico border area or United States-
Canada border area (including planning and construction
grants).
``(N) Health disparities in the United States-
Mexico border area or United States-Canada border area.
``(O) Environmental health.
``(P) Health education.
``(Q) Outreach and enrollment services with respect
to Federal programs (including programs authorized
under titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 et seq. and 1397aa et seq.)).
``(R) Trauma care.
``(S) Health research with an emphasis on
infectious disease and pressing issues related to
noncommunicable diseases.
``(T) Epidemiology and health research.
``(U) Cross-border health surveillance coordinated
with Mexican Health Authorities or Canadian Health
Authorities.
``(V) Obesity, particularly childhood obesity.
``(W) Crisis communication, domestic violence,
health literacy, or cancer.
``(X) Community-based participatory research on
border health issues.
``(Y) Violence prevention.
``(Z) Cross-border public health preparedness.
``(2) Other programs determined appropriate by the
Secretary.
``(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).
``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE
(EWIDS) IN THE BORDER AREA.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, local government, Indian tribe, tribal
organization, urban Indian organization, trauma center, regional trauma
center coordinating entity, or public health entity.
``(b) Authorization.--From funds appropriated under section 11, the
Secretary shall award grants for Early Warning Infectious Disease
Surveillance (EWIDS) to eligible entities for infectious disease
surveillance activities in the United States-Mexico border area or
United States-Canada border area.
``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Uses of Funds.--An eligible entity that receives a grant
under subsection (b) shall use the grant funds, in coordination with
State and all local hazards programs, to--
``(1) develop and implement infectious disease surveillance
plans and networks and public health emergency and readiness
assessments and preparedness plans, and purchase items
necessary for such plans;
``(2) coordinate infectious disease surveillance planning
and interjurisdictional risk assessments in the region with
appropriate United States-based agencies and organizations and
appropriate authorities in Mexico or Canada;
``(3) improve infrastructure, including surge capacity,
syndromic surveillance, and isolation/decontamination capacity,
and policy preparedness, including for mutual assistance and
for the sharing of information and resources;
``(4) improve laboratory capacity, in order to maintain and
enhance capability and capacity to detect potential infectious
disease, whether naturally occurring or the result of
terrorism;
``(5) create and maintain a health alert network, including
risk communication and information dissemination that is
culturally competent and takes into account the needs of at-
risk populations, including individuals with disabilities;
``(6) educate and train clinicians, epidemiologists,
laboratories, and emergency management personnel;
``(7) implement electronic data and infrastructure
inventory systems to coordinate the triage, transportation, and
treatment of multicasualty incident victims;
``(8) provide infectious disease testing in the United
States-Mexico border area or United States-Canada border area;
and
``(9) carry out such other activities identified by the
Secretary, members of the Commission, members of the Council,
State or local public health authorities, representatives of
border health offices, or authorities at the United States-
Mexico or United States-Canada borders.
``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.
``(a) Strategic Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, and every 5 years thereafter, the
Commission (including the participation of members representing
both the United States and Mexican sections) and the Council
(including the participation of members representing both the
United States and Canada) shall each prepare a binational
strategic plan to guide the operations of the Commission and
the Council and submit such plan to the Secretary and Congress.
``(2) Requirements.--The binational strategic plan under
paragraph (1) shall include--
``(A) health-related priority areas determined most
important by the full membership of the Commission or
Council, as applicable;
``(B) recommendations for goals, objectives,
strategies, and actions designed to address such
priority areas; and
``(C) a proposed evaluation framework with output
and outcome indicators appropriate to gauge progress
toward meeting the objectives and priorities of the
Commission or Council, as applicable.
``(b) Work Plan.--Not later than January 1, 2015, and every 2 years
thereafter, the Commission and the Council shall develop and approve an
operational work plan and budget based on the strategic plan under
subsection (a).
``(c) GAO Review.--Not later than January 1, 2016, and every 2
years thereafter, the Comptroller General of the United States shall
conduct an evaluation of the activities conducted by the Commission and
the Council based on the operational work plans described in subsection
(b) for the previous year and the output and outcome indicators
included in the strategic plan described in subsection (a). The
evaluation shall include a request for written evaluations from members
of the Commission and the Council about barriers and facilitators to
executing successfully the work plans of the Commission and the
Council.
``(d) Biannual Reporting.--The Commission and Council shall each
issue a biannual report to the Secretary that provides independent
policy recommendations related to border health issues. Not later than
3 months following receipt of each such biannual report, the Secretary
shall provide to Congress the report and any studies or other materials
produced independently by the Commission and Council.
``(e) Audits.--The Secretary shall annually prepare an audited
financial report to account for all appropriated assets expended by the
Commission and Council to address both the strategic and operational
work plans for the year involved.
``(f) By-Laws.--Not later than 6 months after the date of enactment
of this section, the Commission and Council shall develop and approve
bylaws to provide fully for compliance with the requirements of this
section.
``(g) Transmittal to Congress.--The Commission and Council shall
submit copies of the operational work plan and by-laws to Congress. The
Comptroller General of the United States shall submit a copy of each
evaluation completed under subsection (c) to Congress.
``SEC. 10. COORDINATION.
``(a) In General.--To the extent practicable and appropriate,
plans, systems, and activities to be funded (or supported) under this
Act for all hazard preparedness, and general border health, shall be
coordinated with Federal, State, and local authorities in Mexico,
Canada, and the United States.
``(b) Coordination of Health Services and Surveillance.--The
Secretary, acting through the Assistant Secretary for Preparedness and
Response, when appropriate, may coordinate with the Secretary of
Homeland Security in establishing a health alert system that--
``(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the United
States-Mexico border area and United States-Canada border area;
and
``(2) warns of health threats, extreme weather conditions,
disasters of mass scale, bioterrorism, and other emerging
threats along the United States-Mexico border area and United
States-Canada border area.
``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act
$7,000,000 for fiscal year 2014 and each succeeding year, subject to
the availability of appropriations for such purpose, of which
$4,650,000 shall be made available to fund operationally feasible
functions, activities, and grants with respect to the United States-
Mexico border and the border health activities under cooperative
agreements with the border health offices of the States of California,
Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for
the administration of United States activities under this Act on the
United States-Canada border and the border health authorities, acting
through the Canada-United States Pan-Border Public Health Preparedness
Council.''; and
(5) in section 12 (as so redesignated)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (6), respectively;
(B) by inserting after paragraph (2), the
following:
``(3) Indians; indian tribe; tribal organization; urban
indian organization.--The terms `Indian', `Indian tribe',
`tribal organization', and `urban Indian organization' have the
meanings given such terms in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603).''; and
(C) by inserting after paragraph (4), as so
redesignated, the following:
``(5) United states-canada border area.--The term `United
States-Canada border area' means the area located in the United
States and Canada within 100 kilometers of the border between
the United States and Canada.''. | Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the U.S. section of the Commission as the Chair (currently, leader) of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the U.S.-Mexico and U.S.-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare (every five years) a binational strategic plan to guide its operation, (2) develop and approve (every two years) an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Requires the Comptroller General (GAO) (every two years) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the U.S.-Mexico and U.S.-Canada border areas; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas. | Border Health Security Act of 2013 |
TITLE I--HOMELESS VETERANS MATTERS
SECTION 101. SHORT TITLE.
This Act may be cited as the ``Helping Homeless Heroes Act of
2011''.
SEC. 102. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS.
(a) Enhancement of Grants.--Section 2011 of title 38, United States
Code, is amended--
(1) in subsection (b)(1)(A), by striking ``expansion,
remodeling, or alteration of existing facilities, or
acquisition of facilities,'' and inserting ``new construction
of facilities, expansion, remodeling, or alteration of existing
facilities, or acquisition of facilities''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``A grant''
and inserting ``(1) A grant'';
(B) in the second sentence of paragraph (1), as
designated by subparagraph (A), by striking ``The
amount'' and inserting the following:
``(2) The amount''; and
(C) by adding at the end the following new
paragraph:
``(3)(A) The Secretary may not deny an application from an
entity that seeks a grant under this section to carry out a
project described in subsection (b)(1)(A) solely on the basis
that the entity proposes to use funding from other private or
public sources, if the entity demonstrates that a private
nonprofit organization will provide oversight and site control
for the project.
``(B) In this paragraph, the term `private
nonprofit organization' means the following:
``(i) An incorporated private institution,
organization, or foundation--
``(I) that has received, or has
temporary clearance to receive, tax-
exempt status under paragraph (2), (3),
or (19) of section 501(c) of the
Internal Revenue Code of 1986;
``(II) for which no part of the net
earnings of the institution,
organization, or foundation inures to
the benefit of any member, founder, or
contributor of the institution,
organization, or foundation; and
``(III) that the Secretary
determines is financially responsible.
``(ii) A for-profit limited partnership or
limited liability company, the sole general
partner or manager of which is an organization
that is described by subclauses (I) through
(III) of clause (i).
``(iii) A corporation wholly owned and
controlled by an organization that is described
by subclauses (I) through (III) of clause
(i).''.
(b) Grant and Per Diem Payments.--
(1) Study and development of fiscal controls and payment
method.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) complete a study of all matters relating to the
method used by the Secretary to make per diem payments
under section 2012(a) of title 38, United States Code;
and
(B) develop an improved method for adequately
reimbursing recipients of grants under section 2011 of
such title for services furnished to homeless veterans.
(2) Consideration.--In developing the method required by
paragraph (1)(B), the Secretary may consider payments and
grants received by recipients of grants described in such
paragraph from other departments and agencies of Federal and
local governments and from private entities.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on--
(A) the findings of the Secretary with respect to
the study required by subparagraph (A) of paragraph
(1);
(B) the method developed under subparagraph (B) of
such paragraph; and
(C) any recommendations of the Secretary for
revising the method described in subparagraph (A) of
such paragraph and any legislative action the Secretary
considers necessary to implement such method.
(c) Authorization of Appropriations.--Section 2013 of such title is
amended by striking ``subchapter'' and all that follows through the
period and inserting the following: ``subchapter amounts as follows:
``(1) $150,000,000 for each of fiscal years 2007 through
2009.
``(2) $175,100,000 for fiscal year 2010.
``(3) $217,700,000 for fiscal year 2011.
``(4) $250,000,000 for fiscal year 2012.
``(5) $150,000,000 for fiscal year 2013 and each fiscal
year thereafter.''.
SEC. 103. MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH
SPECIAL NEEDS.
(a) Inclusion of Entities Eligible for Comprehensive Service
Program Grants and Per Diem Payments for Services to Homeless
Veterans.--Subsection (a) of section 2061 of such title is amended--
(1) by striking ``to grant and per diem providers'' and
inserting ``to entities eligible for grants and per diem
payments under sections 2011 and 2012 of this title''; and
(2) by striking ``by those facilities and providers'' and
inserting ``by those facilities and entities''.
(b) Inclusion of Male Homeless Veterans With Minor Dependents.--
Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``, including women who
have care of minor dependents'';
(2) in paragraph (3), by striking ``or'';
(3) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(5) individuals who have care of minor dependents.''.
(c) Authorization of Provision of Services to Dependents.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Provision of Services to Dependents.--A recipient of a grant
under subsection (a) may use amounts under the grant to provide
services directly to a dependent of a homeless veteran with special
needs who is under the care of such homeless veteran while such
homeless veteran receives services from the grant recipient under this
section.''.
SEC. 104. MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND
REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION
OF TREATMENT AND REHABILITATION TO HOMELESS VETERANS WHO
ARE NOT SERIOUSLY MENTALLY ILL.
Section 2031(a) of such title is amended in the matter before
paragraph (1) by striking ``, including'' and inserting ``and to''.
SEC. 105. PLAN TO END VETERAN HOMELESSNESS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a comprehensive plan to end homelessness among veterans.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An analysis of programs of the Department of Veterans
Affairs and other departments and agencies of the Federal
Government that are designed to prevent homelessness among
veterans and assist veterans who are homeless.
(2) An evaluation of whether and how coordination between
the programs described in paragraph (1) would contribute to
ending homelessness among veterans.
(3) Recommendations for improving the programs described in
paragraph (1), enhancing coordination between such programs, or
eliminating programs that are no longer effective.
(4) Recommendations for new programs to prevent and end
homelessness among veterans, including an estimate of the cost
of such programs.
(5) A timeline for implementing the plan, including
milestones to track the implementation of the plan.
(6) Benchmarks to measure the effectiveness of the plan and
the efforts of the Secretary to implement the plan.
(7) Such other matters as the Secretary considers
necessary.
(c) Consideration of Veterans Located in Rural Areas.--The
analysis, evaluation, and recommendations included in the report
required by subsection (a) shall include consideration of the
circumstances and requirements that are unique to veterans located in
rural areas.
SEC. 106. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS
VETERANS.
(a) Health Care for Homeless Veterans.--Section 2031(b) of title
38, United States Code, is amended by striking ``December 31, 2011''
and inserting ``December 31, 2012''.
(b) Centers for Provision of Comprehensive Services to Homeless
Veterans.--Section 2033(d) of such title is amended by striking
``December 31, 2011'' and inserting ``December 31, 2014''.
(c) Property Transfers for Housing Assistance for Homeless
Veterans.--Section 2041(c) of such title is amended by striking
``December 31, 2011'' and inserting ``December 31, 2014''.
(d) Advisory Committee on Homeless Veterans.--Section 2066(d) of
such title is amended by striking ``December 30, 2011'' and inserting
``December 30, 2013''.
SEC. 107. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS
REINTEGRATION PROGRAM.
Section 2021(e)(1) of such title is amended adding at the end the
following new subparagraph:
``(G) $50,000,000 for fiscal year 2012.''.
SEC. 108. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE
FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN
FAMILIES IN PERMANENT HOUSING.
(a) In General.--Section 2044(e) of such title is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(D) $100,000,000 for fiscal year 2012.''; and
(2) in paragraph (3), by striking ``2011'' and inserting
``2012''.
(b) Technical Amendment.--Paragraph (1) of such subsection is
further amended by striking ``carry out subsection (a), (b), and (c)''
and inserting ``carry out subsections (a), (b), and (c)''.
SEC. 109. REAUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM FOR
HOMELESS VETERANS WITH SPECIAL NEEDS.
Section 2061(c)(1) of such title is amended by striking ``2011''
and inserting ``2013''. | Helping Homeless Heroes Act of 2011 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs (outreach, rehabilitation, vocational counseling, and transitional housing assistance) to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control.
Revises eligibility: (1) under the grant program for entities serving homeless veterans with special needs, and (2) for treatment and rehabilitation of homeless veterans who are not seriously mentally ill.
Includes all individuals caring for minor dependents (current law applies only to women caring for minor dependents) within the definition of "homeless veterans with special needs."
Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to consider circumstances and requirements unique to veterans located in rural areas.
Extends provisions concerning: (1) homeless veterans' health care to December 31, 2012; (2) centers for provision of comprehensive services and property transfers for housing assistance to December 31, 2014; and (3) the Advisory Committee on Homeless Veterans to December 30, 2013. | To amend title 38, United States Code, to make certain improvements in the laws administered by the Secretary of Veterans Affairs relating to homeless veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Academic Anesthesiology and
CRNA Payment Improvement Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1991, the Medicare program has reduced
reimbursements for anesthesia services provided to Medicare
beneficiaries by 50 percent in certain instances when education
of student nurse anesthetists or anesthesiology medical
residents is involved, imposing financial disincentives against
anesthesia education. These Medicare payment policies are known
as anesthesia teaching rules.
(2) In 2002, the Centers for Medicare & Medicaid Services
(CMS) authorized an alternative payment system for certain
cases involving nurse anesthesia education and subsequently for
anesthesiology resident education, in which the agency allowed
reimbursement for base units plus discontinuous time. However,
the alternative has not propagated in the marketplace and CMS
has declined to reform the anesthesia teaching rules further
without an Act of Congress.
(3) To ensure the access of patients to safe, high quality
anesthesia care, society has a strong interest in providing for
high quality anesthesia educational institutions. The
population of the United States is aging, resulting in an
increase in demand for health care requiring anesthesia and
pain management services provided by anesthesiologists and
certified registered nurse anesthetists (CRNAs).
(4) Though the Institute of Medicine in 2000 found the
provision of anesthesia in such year to be 50 times safer than
the provision of anesthesia during the 20 years previous to
such year, continued evaluation, innovation, and quality
improvements in anesthesia are required to further enhance
patient safety.
(5) As of August 2006, there are 130 anesthesiology
residency programs and 102 programs accredited by the Council
on Accreditation of Nurse Anesthesia Educational Programs in
the United States. Under the current payment rules under the
Medicare program, both anesthesiology residency and nurse
anesthesia educational programs report challenges recruiting
and retaining faculty.
(6) Since part B under the Medicare program provides for
reimbursement for the services of anesthesiologists and the
services of CRNAs, reforms to the anesthesia teaching rules
under the Medicare program should treat teaching
anesthesiologists and teaching CRNAs similarly with respect to
anesthesiology medical residents and student registered nurse
anesthetists, respectively, and should not favor one provider
over another.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure financial stability of nurse
anesthesia and anesthesiology educational programs to provide
sufficient opportunities for student nurse anesthetists and medical
residents to pursue the specialty of anesthesia so that patients
continue to have access to quality health care.
SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND
TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS.
(a) For Physicians' Services.--Section 1848(a) of the Social
Security Act (42 U.S.C. 1395w-4(a)) is amended--
(1) in paragraph (4)(A), by inserting ``except as provided
in paragraph (5)(A)'' after ``anesthesia cases,''; and
(2) by adding at the end of paragraph (4) the following new
paragraph:
``(5) Special rule for teaching anesthesiologists.--
``(A) In general.--With respect to physicians'
services furnished by a teaching anesthesiologist
involved in the training of physician residents or
student nurse anesthetists in a single anesthesia case
or two concurrent anesthesia cases, notwithstanding
paragraph (4), the fee schedule amount to be applied
for each such case shall be the amount described in
subparagraph (B) if both of the following conditions
are met:
``(i) The teaching anesthesiologist is
present during all critical or key portions of
the anesthesia service or case involved.
``(ii) At least one of the following
individuals is immediately available to furnish
anesthesia services during the entire case:
``(I) The teaching
anesthesiologist.
``(II) An anesthesiologist with
whom the teaching anesthesiologist has
entered into an arrangement for such
purpose.
``(III) In the case of the training
of student nurse anesthetists, a
certified registered nurse anesthetist
with whom the teaching anesthesiologist
has entered into an arrangement with
respect to such training.
``(B) Amount described.--For purposes of
subparagraph (A), the amount described in this
subparagraph, with respect to anesthesia services
furnished by a teaching anesthesiologist described in
such subparagraph, is 100 percent of the fee schedule
amount otherwise applicable under this section if the
anesthesia services were personally performed by the
teaching anesthesiologist alone.
``(C) Clarification for anesthesiologists who
medically direct teaching certified registered nurse
anesthetists.--Subparagraph (A) shall not apply in the
case of physician services furnished by an
anesthesiologist who medically directs a certified
registered nurse anesthetist who is involved in the
training of student nurse anesthetists in a single
anesthesia case or two concurrent anesthesia cases.''.
(b) For Services of Certified Registered Nurse Anesthetists.--
Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended--
(1) in paragraph (4)(B)(iii)--
(A) by striking ``In the case of'' and inserting
``(I) Subject to clause (II), in the case of'';
(B) by striking ``1848(a)(5)(B)'' and inserting
``1848(a)(4)(B)''; and
(C) by adding at the end the following new
subclause:
``(II) Subclause (I) shall apply to a certified registered nurse
anesthetist who is medically directed or medically supervised by a
physician notwithstanding whether or not such certified registered
nurse anesthetist is involved in the training of student nurse
anesthetists in a single case or two concurrent cases.''; and
(2) by adding at the end the following new paragraph:
``(7)(A) With respect to services furnished by a teaching certified
registered nurse anesthetist who is not medically directed and who is
involved in the training of student nurse anesthetists in a single
anesthesia case or two concurrent anesthesia cases, the fee schedule
amount to be applied for each such case shall be the amount described
in subparagraph (B) if both of the following conditions are met:
``(i) The teaching certified registered nurse anesthetist
is present during all critical or key portions of the
anesthesia service or case involved.
``(ii) The teaching certified registered nurse anesthetist
(or other certified registered nurse anesthetist or
anesthesiologist with whom the teaching certified registered
nurse anesthetist has entered into an arrangement) is
immediately available to furnish anesthesia services during the
entire case.
``(B) For purposes of subparagraph (A), the amount described in
this subparagraph, with respect to services furnished by a teaching
certified registered nurse anesthetist described in such subparagraph,
is 100 percent of the fee schedule amount otherwise applicable under
this subsection if the services were personally performed by the
teaching certified registered nurse anesthetist alone.''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2007. | Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs).
Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case.
States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases.
Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases.
Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case. | To amend title XVIII of the Social Security Act to provide for improved payments under the Medicare Program for academic anesthesiology programs for resident physicians and for academic programs for student registered nurse anesthetists. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Quality Assurance Act
of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the construction industry, specialty subcontractors
now perform the majority of construction work, in certain cases
100 percent of the work, under the management of a prime
contractor, making the subcontractors' price and performance
the key determinant in the overall cost of construction
projects, including those performed for the Federal Government.
(2) Detrimental practices known as ``bid shopping'' and
``bid peddling'' exist in the construction industry, including
construction projects for the Federal Government.
(3) ``Bid shopping'' occurs when a contractor, after award
of a contract, contracts with subcontractors at a price less
than the quoted price of the subcontractor upon which the
contractor's fixed bid price was based, in order to increase
the contractor's profit on the project without any benefit to
the entity for which the contract is being performed.
(4) ``Bid peddling'' occurs when a subcontractor that is
not selected for inclusion in a contractor's team seeks to
induce the contractor, after award of the contract, to
substitute the subcontractor for another subcontractor whose
bid price was reflected in the successful bid of the contractor
by offering to reduce its price for performance of the
specified work, suggesting that the previous offer of the
subcontractor was padded or incorrect.
(5) Bid shopping and bid peddling--
(A) threaten the integrity of the competitive bid
system for construction that benefits the Federal
Government, the construction industry, and the economy
of the United States as a whole;
(B) compromise national security by promoting
uncertainty about which contractors actually perform
work on critical infrastructure projects;
(C) deprive taxpayers of the benefits of full and
open competition among prospective contractors and
subcontractors for the performance of Federal
construction projects;
(D) expose Federal construction projects to the
dangers of substandard performance, substitution of
lower quality materials, and other detrimental cost-
cutting practices by an unscrupulous substituted
subcontractor; and
(E) can be effectively deterred in Federal
construction by modifying the Federal Acquisition
Regulation to require bid listing, which is the
practice of requiring each offeror for a Federal
construction contract to list the subcontractors whose
performance is reflected in the bid price, procedures
for the substitution of listed subcontractors for good
cause, and other deterrents to abuse.
SEC. 3. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means any contract
with the Federal Government, exceeding $1,000,000 in amount,
for the construction, alteration, or repair of any public
building or public work of the United States.
(2) Contractor.--The term ``contractor'' means an
individual or entity that has been awarded or is seeking to be
awarded a construction contract by the Federal Government.
(3) Subcontractor.--The term ``subcontractor'' means an
individual or entity that subcontracts with a contractor in an
amount in excess of $100,000 for work on a contract.
SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS
ON CONSTRUCTION PROJECTS.
(a) Requirement To List Subcontractors.--
(1) In general.--Each solicitation by an executive agency
for the procurement of construction in an amount in excess of
$1,000,000 shall require each bidder to submit as part of its
bid the name, location of the place of business, and nature of
the work of each subcontractor with whom the bidder, if awarded
the contract, will subcontract for work in an amount in excess
of $100,000 on the contract.
(2) Requirements for specific categories.--
(A) Except as provided in subparagraphs (B) and
(C), the bidder shall list only one subcontractor for
each category of work as defined by the bidder in its
bid or proposal.
(B) A bidder may list multiple subcontractors for a
category of work if each such subcontractor is listed
to perform a discrete portion of the work within a
category.
(C) A bidder may list itself for any portion of
work under the contract, which shall be deemed a
representation by the bidder that it is fully qualified
to perform that portion of the work itself and that the
bidder will perform that portion itself.
(3) Result of failure to list subcontractors.--An executive
agency shall consider any bidder that fails to list
subcontractors in accordance with this Act and the regulations
promulgated pursuant to section 7 of this Act to be non-
responsive and bids by such bidders shall not be considered.
(b) Procedures for Substitution of a Listed Subcontractor.--
(1) Consent and good cause required.--No contractor shall
substitute a subcontractor in place of the subcontractor listed
in the original bid or proposal, except with the consent of the
contracting officer for good cause.
(2) Examples of good cause.--Good cause under paragraph (1)
shall include the following:
(A) Failure of the subcontractor to execute a
written contract after a reasonable period if such
written contract, based upon the terms, conditions,
plans, and specifications of the contract and the terms
of the subcontractor's bid or proposal, is presented to
the subcontractor by the contractor.
(B) Bankruptcy of the subcontractor.
(C) The death or physical disability of the
subcontractor, if the subcontractor is an individual.
(D) Dissolution of the subcontractor, if the
subcontractor is a corporation or partnership.
(E) Failure of a subcontractor to meet the surety
bond requirements specified by the bidder as a
condition of the subcontractor to perform on the
contract, if awarded to the bidder.
(F) The subcontractor is ineligible to perform on
the subcontract because the subcontractor is suspended,
debarred, or otherwise ineligible to perform.
(G) A series of failures by the subcontractor to
perform in accordance with the specification, terms,
and conditions of its subcontract resulting in the
withholding of amounts requested by the subcontractor
in accordance with section 3905 of title 31, United
States Code, and the regulations implementing such
section.
(H) Failure of the subcontractor to comply with a
requirement of law applicable to the subcontractor.
(I) Failure or refusal of the subcontractor to
perform the subcontract.
(3) Requests for substitution.--A request of a contractor
for a substitution of a listed subcontractor shall be submitted
in writing to the contracting officer and shall include the
reasons for the request. The contractor shall provide a copy of
its request for substitution to the listed subcontractor by any
means that provides written third-party verification of
delivery to the last known address of the subcontractor. A
subcontractor who has been so notified shall have five working
days within which to submit written objections to the
substitution to the contracting officer. Failure to file such
written objections shall constitute the consent of the listed
subcontractor to the substitution.
(c) Limitation on Assignment, Transfer, or Substitution.--
(1) Limitation on assignment or transfer.--No contractor
shall permit any subcontract to be voluntarily assigned or
transferred or to be performed by any entity other than the
subcontractor listed in the bid or proposal without the consent
of the contracting officer. Consent of the contracting officer
to a contractor for a substitution shall--
(A) be promptly made in writing; and
(B) be included in the contract file.
(2) Limitation on substitution.--No contractor that listed
itself for a portion of the work under the contract shall
subcontract any portion of the work for which it listed itself,
unless authorized by the contracting officer to substitute one
or more subcontractors to perform such work.
SEC. 5. PENALTIES.
(a) In General.--
(1) A contractor shall be subject to penalties if, without
obtaining the approval of the contracting officer, the
contractor--
(A) replaces a listed subcontractor for a contract
with an executive agency; or
(B) awards a subcontract to a subcontractor to
perform work which the contractor had identified as
work to be performed directly by the contractor.
(2) A subcontractor shall also be subject to penalties if
the subcontractor is determined to have knowingly participated
in the failure of the contractor to comply with the regulatory
provisions relating to the substitution of a listed
subcontractor.
(b) Amount of Penalties To Be Imposed.--The amount of penalties
imposed under this section shall be equal to the greater of--
(1) 10 percent of the amount of the bid by the listed
subcontractor;
(2) the difference between the amount of the bid by the
listed subcontractor and the amount of the bid by the
substituted subcontractor; or
(3) the difference between the amount of the bid by a
substituted subcontractor and the dollar value specified by the
contractor for the work which the contractor had listed for its
own performance.
(c) Source of Funds for Penalties.--Penalties assessed pursuant to
this section shall be deducted from the remaining unpaid contract
balance and deposited into the fund from which the contract was
awarded.
SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT.
The imposition of penalties on a contractor or subcontractor for
failure to comply with the procedures for the substitution of
subcontractors on 2 contracts within a 3-year period shall be deemed to
be adequate evidence of the commission of an offense indicating a lack
of business integrity or business honesty that seriously and directly
affects the present responsibility of a Government contractor within
the meaning of part 9.4 of the Federal Acquisition Regulation
(Debarment, Suspension, and Eligibility) (48 CFR 9.4).
SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.
(a) Proposed Revisions.--Proposed revisions to the Government-wide
Federal Acquisition Regulation to implement the provisions in this Act
shall be published not later than 120 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
(b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication. | Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors.
Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act. | To assure quality and best value with respect to Federal construction projects by prohibiting the practice known as bid shopping. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Urban Watershed Model
Restoration Act''.
SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT
PROGRAM.
(a) In General.--The Administrator of the Environmental Protection
Agency shall develop and carry out a pilot program to serve as a
national model for the restoration of urban watersheds and community
environments. The purposes of the program shall be to demonstrate
methods to encourage urban communities to use their environmental
resources as a catalyst for sustainable community redevelopment and to
meet the objectives of the Federal Water Pollution Control Act,
including stormwater, combined sewer overflows, and other water quality
objectives. The program shall have a dual function of restoration and
protection of river resources and reduction of environmental human
health risks in the surrounding communities.
(b) Location.--The pilot program under this section shall be
carried out in the Anacostia River watershed, District of Columbia and
Maryland.
(c) Activities.--In carrying out the program under this section,
the Administrator shall--
(1) integrate on a community or geographic basis the
regulatory and nonregulatory programs of the Environmental
Protection Agency with other Federal, State, and local
government programs and provide effective coordination among
such programs;
(2) support baseline monitoring efforts of State and local
governments to determine key trends in ambient environmental
conditions for the purpose of filling gaps in critical data
about the environmental condition of the watershed;
(3) develop and maintain environmental indicators in
conjunction with interested public entities and ensure regular
public reporting of these indicators;
(4) provide grants in accordance with subsection (d) to
local community groups and nonprofit organizations to foster
community involvement in the decisionmaking process,
environmental educational goals, and restoration strategies;
(5) assist in the establishment of measurable goals for
such restoration;
(6) maintain annual program plans which provide for public
input;
(7) provide opportunities for the education of school
children and community groups on local environmental resources
and on what individuals can do to reduce environmental and
health risks;
(8) develop consensus strategies for the restoration and
protection of the watershed in cooperation with other Federal,
State, and local groups to address critical issues and needs;
(9) maintain a biennial Federal work planning process for
Federal landholders and programmatic agencies to identify
specific opportunities and needs for Federal activities in
support of the pilot program's goals;
(10) demonstrate new technologies and approaches which are
applicable nationally to stormwater management, combined sewer
overflow control, floatables reduction, forest buffer
restoration, and other activities being conducted under the
Federal Water Pollution Control Act;
(11) participate in urban habitat improvement projects in
the watershed on a demonstration basis;
(12) assist in the implementation of the regional action
plan for toxics reduction and prevention in the watershed;
(13) implement on the ground projects for restoration of
the watershed to the extent they are unique or transferable to
national audiences; and
(14) maintain and enhance the Biennial Work Plan for the
Anacostia River Watershed published by the United States Army
Corp of Engineers and the Environmental Protection Agency on
April 22, 1997, for the purpose of identifying specific
opportunities for Federal landholders to contribute to the
pilot program.
(d) Challenge Grants.--
(1) Set-aside.--The Administrator may set aside no less
than $400,000 of amounts appropriated to carry out this section
for each fiscal year to make grants under subsection (c)(4).
(2) Environmental protection agency share.--The
Environmental Protection Agency's share of the costs of
activities to be carried out with a grant under this section
shall be not less than 75 percent. The remaining share of such
costs may be provided through in-kind contributions and may be
provided from Federal funds appropriated to carry out any law,
other than this Act, if the Federal agency making such funds
available agrees.
(e) Coordination.--In carrying out the pilot program under this
section, the Administrator shall work in coordination with other
Federal agencies, particularly the Army Corps of Engineers, to identify
projects and activities which are supportive of the goals of the pilot
program.
(f) Reports.--The Administrator shall transmit to Congress by
January 1 of each fiscal years 2000 through 2004 a report on the
activities carried out under, and results of, the pilot program during
the preceding fiscal year, including a report on the technical,
managerial, and public involvement aspects of the pilot program which
are transferable to other urban areas.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2000 through 2004. Such sums shall remain available until
expended. | Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies.
Authorizes appropriations. | National Urban Watershed Model Restoration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Debt Relief and
Democracy Reform Act''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT
OWED TO THE UNITED STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by adding at the end the following:
``PART VI--ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF
DEBT OWED TO THE UNITED STATES
``SEC. 901. CANCELLATION OR REDUCTION OF DEBT.
``Beginning on and after the date of the enactment of this part,
the President may cancel or reduce amounts owed to the United States
(or any agency of the United States) by foreign countries as a result
of concessional or nonconcessional loans made, guarantees issued, or
credits extended under any other provision of law only if, in addition
to the requirements contained under the applicable provisions of law
providing authority for the debt cancellation or reduction, the
requirements contained in section 902 are satisfied.
``SEC. 902. ADDITIONAL REQUIREMENTS.
``(a) In General.--A foreign country shall be eligible for
cancellation or reduction of debt under any other provision of law only
if the government of the country--
``(1) ensures freedom of the press;
``(2) ensures freedom of association;
``(3) has established an independent and nondiscriminatory
judiciary;
``(4) provides for the reduction or elimination of
corruption relating to public officials, including--
``(A) the promulgation of laws to prohibit bribery
of and by public officials, including disclosure of
assets by such officials upon taking office,
periodically while in office, and upon leaving office;
``(B) the establishment of an independent anti-
corruption commission--
``(i) to receive and verify the disclosure
of assets by public officials in accordance
with subparagraph (A); and
``(ii) to investigate allegations or
corruption or misconduct by public officials
and to make all findings available to the
appropriate administrative or judicial
entities; and
``(C) the establishment of an independent agency--
``(i) to audit the financial activities of
public officials and agencies; and
``(ii) to make all audits under clause (i)
available to the appropriate administrative or
judicial entities;
``(5) is elected through free and fair elections;
``(6) does not engage in a consistent pattern of gross
violations of internationally recognized human rights; and
``(7) does not repeatedly provided support for acts of
international terrorism, as determined by the Secretary of
State under section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)).
``(b) Exceptions.--The President may waive the application of 1 or
more of the requirements of subsection (a) with respect to the
cancellation or reduction of debt owed to the United States by a
foreign country--
``(1) for emergency humanitarian relief purposes;
``(2) if the President determines that it is in the
national security interests of the United States to do so; or
``(3) if the President determines that the foreign country
is making demonstrable progress in meeting the requirements of
paragraphs (1) through (7) of subsection (a) by adopting
appropriate legal and other related reforms.
``(c) Congressional Notification.--Not later than 7 days prior to
the cancellation or reduction of debt in accordance with section 901,
the President shall transmit to the Congress a report that contains a
justification for the determination by the President that--
``(1) the requirements contained in each of paragraphs (1)
through (7) of subsection (a) have been satisfied with respect
to the foreign country involved; or
``(2) the requirement of paragraph (1), (2), or (3) of
subsection (b) has been satisfied with respect to the foreign
country involved.''.
SEC. 3. SENSE OF THE CONGRESS RELATING TO CANCELLATION OR REDUCTION OF
MULTILATERAL DEBT.
It is the sense of the Congress that the President should instruct
the United States Executive Director at each international financial
institution to which the United States is a member to use the voice,
vote, and influence of the United States to urge that the cancellation
or reduction of debt owed to the institution by a country may be
provided only if the country meets the same requirements applicable to
the cancellation or reduction of amounts owed to the United States
under paragraphs (1) through (7) of section 902(b) of the Foreign
Assistance Act of 1961 (as added by section 2). | Expresses the sense of Congress that the President should instruct the U.S. Executive Director at each international financial institution to use the U.S. voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country be provided only if it meets the additional requirements of this Act. | Responsible Debt Relief and Democracy Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Excellence in
Research and Development Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Due to the end of the Cold War, the United States has
not recently conducted underground nuclear testing at the
Department of Energy facility known as the Nevada Test Site,
Nevada, and the United States does not plan to conduct such
testing in the foreseeable future.
(2) Because the world political situation is ever-changing
and dangerous, it is imperative that the United States remain
strong militarily and continue to be a nuclear superpower.
(3) It is imperative that the Nevada Test Site be
maintained in a full state of readiness to ensure the
capability of the nuclear arsenal of the United States.
(4) The Nevada Test Site is in a beneficial location for
activities suitable for research and development of emerging
technologies that will be important to the United States in the
21st century.
(5) Technology development carried out at the Nevada Test
Site should include both private-sector and military projects.
(6) The Nevada Test Site can support the stewardship of the
Nation's nuclear weapons stockpile, the nonproliferation of
nuclear weapons, and the technological competitiveness of the
United States by providing the environment for nuclear and non-
nuclear test and demonstration experiments and projects for
government, industry, and academia.
(7) The Nevada Test Site can provide the infrastructure to
support industrial and civilian tests of environmentally
demanding projects and programs.
(8) The Nevada Test Site can support the testing and
demonstration of environmental clean-up technologies by
government and industry.
(9) The Nevada Test Site can support the testing of
alternative and renewable energy sources for environmentally
clean and economically competitive replacements for traditional
fossil energy sources and uses in many parts of Nevada and in
the United States as a whole.
(10) The Nevada Test Site can provide support for
disarmament activities such as the demonstration of rocket
motor destruction technology and conventional munitions
destruction technology.
(11) The Nevada Test Site can support non-proliferation
experiments in disablement, nuclear forensics, sensors, and
verification and monitoring.
(12) The Nevada Test Site can support treaty-compliant
experiments for stockpile stewardship purposes.
(13) The size and remoteness of the Nevada Test Site make
the Nevada Test Site well-suited for a multitude of activities
associated with the restructuring of the United States
military.
SEC. 3. PURPOSES.
It is the purpose of this Act--
(1) to ensure full operational readiness of the underground
nuclear testing facilities and infrastructure of the Nevada
Test Site;
(2) to ensure an appropriate level of funds for such
readiness to be maintained;
(3) to create a National Test and Demonstration Center of
Excellence at the Nevada Test Site for the promotion of
disarmament, demilitarization, alternative and renewable energy
sources, the nonproliferation of nuclear weapons, sensor
development, and environmentally sensitive technologies; and
(4) to ensure the availability of the Nevada Test Site,
within appropriate restrictions, for use by private-sector
industries seeking to make use of the inherent qualities that
make the Nevada Test Site the greatest outdoor laboratory in
the world.
SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE.
(a) Authorization of Appropriations.--
(1) In general.--The amount referred to in paragraph (2) is
hereby authorized to be appropriated to the Secretary of Energy
for fiscal year 1995 and each fiscal year thereafter to
maintain the operational readiness of the underground nuclear
testing facilities and infrastructure of the Nevada Test Site.
(2) Authorized amount.--The amount referred to in paragraph
(1) is not less than the amount appropriated to the Secretary
of Energy for fiscal year 1992 to maintain the operational
readiness of the underground nuclear testing facilities and
infrastructure of the Nevada Test Site.
(b) Staffing Levels.--During fiscal year 1995 and each fiscal year
thereafter, the Secretary of Energy shall maintain a staffing level at
the Nevada Test Site that the Secretary considers sufficient to carry
out activities under this Act in addition to any other activities
conducted by the Department of Energy at the Nevada Test Site.
(c) Infrastructure Assessments and Activities.--The Secretary of
Energy, through the Nevada Test Site Operations Office, shall carry out
any infrastructure assessments and activities necessary to accommodate
new projects and initiatives at the Nevada Test Site.
SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE.
(a) Establishment.--There is hereby established within the
Department of Energy a National Test and Demonstration Center of
Excellence (hereafter in this Act referred to as the ``Center''), to be
located at the Nevada Test Site, Nevada.
(b) Purpose.--It shall be the purpose of the Center to promote
disarmament, demilitarization, alternative and renewable energy
sources, the nonproliferation of nuclear weapons, sensor development,
and environmentally sensitive technologies.
(c) Activities Related to Alternative and Renewable Energy
Sources.--The Center shall carry out the following testing and
demonstration activities that are related to alternative and renewable
energy sources:
(1) The characterization of solar and geothermal resources
at the Nevada Test Site.
(2) The development of alternative and renewable energy
sources, including, as a goal of the Center, the development
and completion of two 100-megawatt solar power plants by the
year 2000.
(3) The conduct of a National Alternative-Fueled Vehicles
Program, the objective of which shall be to demonstrate the
regional use of natural gas, electricity, and hydrogen as
vehicle fuels.
(d) Activities Related to Disarmament and Demilitarization.--The
Center shall carry out testing and demonstration activities that are
related to changes occurring in United States military as a result of
the end of the Cold War, including activities--
(1) that involve the demilitarization of large rocket motor
and conventional ordnance;
(2) that assist in disarmament and demilitarization,
generally; and
(3) that test and demonstrate the nonmilitary application
of technologies and resources the military application of which
has decreased or otherwise changed due to disarmament and
demilitarization.
(e) Activities Related to Nuclear Stockpile Stewardship.--The
Center shall carry out testing and demonstration activities related to
the stewardship of the nuclear stockpile of the United States. Such
activities shall include--
(1) the conduct of experiments that assist in monitoring
compliance with international agreements on the
nonproliferation of nuclear weapons;
(2) the provision of support to the Department of Energy
nuclear weapons complex;
(3) the conduct of programs for the Department of Energy
and the Department of Defense to develop simulator technologies
for nuclear weapons design and effects, including advanced
hydrodynamic simulators, inertial confinement fusion test
facilities, and nuclear weapons effects simulators (such as the
Decade and Jupiter simulators); and
(4) the conduct of the stockpile stewardship program
established pursuant to section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public
Law 103-160).
(f) Activities Related to Nonproliferation.--The Center shall carry
out experiments related to the non-proliferation of nuclear weapons,
including experiments with respect to disablement, nuclear forensics,
sensors, and verification and monitoring.
(g) Activities Related to Environmental Technologies.--The Center
shall carry out testing and demonstration activities related to the
development of environmental technologies, including--
(1) the demonstration of technologies concerning the
remediation of toxic and hazardous chemicals; and
(2) the conduct of training activities pertaining to
emergency response to hazardous and toxic accidents and
emergencies.
(h) Other Activities.--The Center may carry out the testing and
demonstration of any other technology which, in the determination of
the Secretary of Energy, is appropriate for testing and demonstration
at the Nevada Test Site.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Except as provided in section 4, there is hereby authorized to be
appropriated to the Secretary of Energy for fiscal year 1995 such sums
as may be necessary to carry out this Act. | National Center for Excellence in Research and Development Act of 1994 - Authorizes appropriations to maintain the readiness capability of the underground Nevada Test Site.
Establishes within the Department of Energy a National Test and Demonstration Center of Excellence to be located at such Site.
Directs the Center to carry out activities related to: (1) alternative and renewable energy sources; (2) nuclear stockpile stewardship; (3) disarmament and demilitarization; (4) nonproliferation; and (5) environmental technologies. Authorizes appropriations. | National Center for Excellence in Research and Development Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rebuilding Equity Act of 2013''.
SEC. 2. REBUILDING EQUITY PROGRAM.
(a) Establishment of Voluntary Program.--
(1) Establishment.--
(A) Payment of closing costs.--The Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation (in this Act referred to as the
``enterprises'') shall each establish a voluntary
program for borrowers described in paragraph (2), under
which the enterprises shall pay $1,000 toward the
closing costs associated with applying for and
receiving the refinancing when the borrower agrees to
refinance into a fully amortizing loan with a term of
not longer than 20 years.
(B) First year of program.--During the 12-month
period that begins on the date of enactment of this
Act, the amount of the closing costs that each
enterprise shall pay under the program shall not vary
based on the term of the mortgage that the borrower
agrees to refinance into.
(C) Subsequent years.--
(i) Annual recalculation of closing costs
payment.--Upon the expiration of the 12-month
period set forth under subparagraph (B), and
for each of the next two 12-month periods
thereafter, the Director of the Federal Housing
Finance Agency--
(I) shall adjust the amount of the
portion of the closing costs that each
enterprise will pay under the program--
(aa) by an amount that
results in such program being
revenue neutral for such 12-
month period; and
(bb) based on economic
conditions generally affecting
the mortgage and housing
markets; and
(II) may adjust the amount of the
closing costs that each enterprise will
pay under the program based on the term
of the mortgage that the borrower
agrees to refinance into.
(ii) Report.--The Director of the Federal
Housing Finance Agency shall report any
adjustments made pursuant to the requirements
of clause (i) to the Chair and Ranking Member
of the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on
Financial Services of the House of
Representatives.
(2) Eligible borrowers.--The program required by paragraph
(1) shall be for any borrower--
(A) who qualifies for the Home Affordable Refinance
Program carried out by the enterprises;
(B) whose subject property has a loan-to-value
ratio of not less than 105 percent; and
(C) who refinances from a loan with an original
term of 30 years to a loan with a term of 20 years or
less.
(b) Sunset.--Each voluntary program under this section shall
terminate on the date that is 3 years after the date of establishment
of such program.
(c) Definitions.--As used in this section, the following
definitions shall apply:
(1) Loan-to-value ratio.--The term ``loan-to-value ratio''
means the ratio of the amount of the primary mortgage on a
property to the value of that property.
(2) Closing costs.--The term ``closing costs''--
(A) means all reasonable and actual costs charged
to the borrower by a third party to the refinancing
transaction;
(B) includes--
(i) appraisal and inspection fees;
(ii) fees associated with obtaining a
borrower's credit report;
(iii) title insurance and title examination
costs;
(iv) attorneys' fees associated with
closing the transaction, other than attorneys'
fees associated with disputes arising out of
the transaction or otherwise ancillary to
closing the transaction;
(v) document preparation costs, if
completed by a third party not controlled by
the lender;
(vi) transfer stamps, recording fees,
courier fees, wire transfer fees, and
reconveyance fees; and
(vii) test and certification fees; and
(C) does not include any costs charged to the
borrower by the lender, including--
(i) lender application fees; and
(ii) lender origination fees. | Rebuilding Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) to each establish a voluntary program for eligible borrowers under which the GSE shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amoritizing loan with a term not longer than 20 years. Prohibits the amount of the closing costs that each GSE pays under the program during the 12 months following enactment of this Act from varying based on the term of the mortgage that the borrower agrees to refinance into. Requires the Director of the Federal Housing Finance Agency, for each of the next two 12-month periods, to: (1) adjust the amount of the portion of the closing costs that each GSE will pay in accordance with specified requirements. Makes eligible for the program borrowers: (1) who qualify for the Home Affordable Refinance Program carried out by the GSEs, (2) whose subject property has a loan-to-value ratio of at least 105%, and (3) who refinances from a loan with an original 30-year term to a loan with a term of 20 years or less. | Rebuilding Equity Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Employment and
Training Assistance Act''.
SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO
HURRICANE KATRINA.
(a) Use of Grants for Projects Outside Disaster Area.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina may be used to
provide disaster relief employment and other assistance under section
173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide
assistance in areas outside of the disaster area (as such term is
defined in section 173(a)(2) of such Act).
(b) Expanded Eligibility for Disaster Relief Employment.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 to address
the effects of Hurricane Katrina may be used to provide disaster relief
employment and other assistance under section 173(d)(1) of such Act, or
public sector employment authorized under subsection (c) of this Act,
to individuals who were unemployed at the time of the emergency or
major disaster involved and to individuals who are without employment
history, in addition to individuals described in section 173(d)(2) of
the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)).
(c) Authorization for General Public Sector Employment.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 to address
the effects of Hurricane Katrina may be used to provide to eligible
individuals temporary employment by public sector entities for a period
not to exceed 6 months in addition to disaster relief employment
described in section 173(d)(1) of such Act.
(d) Extension of the Duration of Disaster Relief Employment.--The
Secretary of Labor may extend the 6-month maximum duration of
employment under this Act and under section 173(d) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an
additional 6 months due to extraordinary circumstances.
(e) Priority for Disaster Relief Employment Funds.--In awarding
national emergency grants to States under section 173(a)(2) of the
Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the
effects of Hurricane Katrina by providing disaster relief employment,
the Secretary of Labor shall--
(1) first, give priority to States in which areas that have
suffered major disasters (as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122)) are located; and
(2) second, give priority to the remaining States that have
been most heavily impacted by the demand for services by
workers affected by Hurricane Katrina.
(f) Documentation.--In providing disaster relief employment under
section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)), an entity shall not deny such employment to a worker
affected by Hurricane Katrina because of the worker's inability, due to
the effects of Hurricane Katrina, to provide at the time of application
appropriate documentation of eligibility under section 173(d)(2) of
such Act (29 U.S.C. 2918(d)(2)).
(g) Eligibility for Needs-Related Payments.--Funds provided to
States that submit applications for asisstance described in section
173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina may be used to
provide needs-related payments (described in section 134(e)(3) of such
Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b)
who do not qualify for (or have ceased to qualify for) unemployment
compensation, and who are not employed on a project described under
section 173(d) of such Act, for the purpose of enabling such
individuals to participate in activities described in paragraphs (2),
(3), or (4) of section 134(d) of such Act.
(h) Use of Available Funds.--With the approval of the Secretary of
Labor, any State may use funds that remain available for expenditure
under any grants awarded to the State under section 173 of the
Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this
section, to provide any assistance authorized under such section 173 or
this section, or personal protective equipment not otherwise available
through public funds or private contributions, to assist workers
affected by Hurricane Katrina, including workers who have relocated
from areas for which an emergency or major disaster (as defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of
Hurricane Katrina.
(i) Expanded Eligibility for Employment and Training Activities.--
(1) In general.--In awarding national emergency grants
under section 173(a)(1) of the Workforce Investment Act of 1998
(29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to
an entity to provide employment and training assistance
available under section 173(a)(1) of such Act to workers
affected by Hurricane Katrina, including workers who have
relocated from areas for which an emergency or major disaster
(as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) was
declared, due to the effects of Hurricane Katrina.
(2) Eligible entity.--In this subsection, the term
``entity'' means a State, a local board (as defined in section
101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)),
or an entity described in section 166(c) of such Act (29 U.S.C.
2911(c)), that submits an application for assistance described
in section 173(a)(1) of the Workforce Investment Act of 1998 to
address the effects of Hurricane Katrina.
SEC. 3. SENSE OF CONGRESS.
(a) Mobile One-Stop Centers.--It is the sense of Congress that
States that operate mobile one-stop centers, established as part of
one-stop delivery systems authorized under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where
possible, make such centers available for use in the areas affected by
Hurricane Katrina, and areas where large numbers of workers affected by
Hurricane Katrina have been relocated.
(b) Expanded Operational Hours.--It is the sense of Congress that
one-stop operators (as such term is defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase
access for workers affected by Hurricane Katrina to the one-stop
delivery systems authorized under subtitle B of title I of such Act,
including through the implementation of expanded operational hours at
one-stop centers and on-site services for individuals in temporary
housing locations. | Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area.
Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements.
Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances.
Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers.
Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility.
Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area.
Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas.
(Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated; and (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations. | A bill to provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina. |
SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN
CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS.
(a) In General.--(1) Subchapter III of chapter 72 of title 38,
United States Code, is amended by adding at the end the following:
``Sec. 7287. Legal assistance for certain veterans in Court
proceedings; use of funds for assistance
``(a)(1) The Court may, in accordance with this section, provide
funds (in advance or by way of reimbursement) to nonprofit
organizations, under such terms and conditions consistent with this
section as the Court considers appropriate, in order to permit such
organizations to provide financial assistance by grant or contract to
such legal assistance entities as the organizations consider
appropriate for purposes of permitting such entities to carry out
programs described in subsection (b).
``(2) Notwithstanding any other provision of law, if the Court
determines that there exists no nonprofit organization that would be an
appropriate recipient of funds under this section for the purposes
referred to in paragraph (1) and that it is consistent with the mission
of the Court, the Court may provide financial assistance, by grant or
contract, directly to such legal assistance entities as the Court
considers appropriate for purposes of permitting such entities to carry
out programs described in subsection (b).
``(b)(1) A program referred to in subsection (a) is any program
under which a legal assistance entity utilizes financial assistance
under this section to provide assistance or carry out activities
(including assistance, services, or activities referred to in paragraph
(3)) in order to ensure that individuals described in paragraph (2)
receive, without charge, legal assistance in connection with decisions
to which section 7252(a) of this title may apply or with other
proceedings before the Court.
``(2) An individual referred to in paragraph (1) is any veteran or
other person who--
``(A) is or seeks to be a party to an action before the
Court; and
``(B) cannot, as determined by the Court or the entity
concerned, afford the costs of legal advice and representation
in connection with that action.
``(3) Assistance, services, and activities under a program
described in this subsection may include the following for individuals
described in paragraph (2) in connection with proceedings before the
Court:
``(A) Financial assistance to defray the expenses of legal
advice or representation (other than payment of attorney fees)
by attorneys, clinical law programs of law schools, and
veterans service organizations.
``(B) Case screening and referral services for purposes of
referring cases to pro bono attorneys and such programs and
organizations.
``(C) Education and training of attorneys and other legal
personnel who may appear before the Court by attorneys and such
programs and organizations.
``(D) Encouragement and facilitation of the pro bono
representation by attorneys and such programs and
organizations.
``(4) A legal assistance entity that receives financial assistance
described in subsection (a) to carry out a program under this
subsection shall make such contributions (including in-kind
contributions) to the program as the nonprofit organization or the
Court, as the case may be, shall specify when providing the assistance.
``(5) A legal assistance entity that receives financial assistance
under subsection (a) to carry out a program described in this
subsection may not require or request the payment of a charge or fee in
connection with the program by or on behalf of any individual described
in paragraph (2).
``(c)(1) The Court may, out of the funds appropriated to the Court
for such purpose, provide funds to a nonprofit organization described
in subsection (a)(1), in advance or by way of reimbursement, to cover
some or all of the administrative costs of the organization in
providing financial assistance to legal assistance entities carrying
out programs described in subsection (b).
``(2) Funds shall be provided under this subsection pursuant to a
written agreement entered into by the Court and the nonprofit
organization receiving the funds.
``(d) Notwithstanding any other provision of law, a nonprofit
organization may--
``(1) accept funds, in advance or by way of reimbursement,
from the Court under subsection (a)(1) in order to provide the
financial assistance referred to in that subsection;
``(2) provide financial assistance by grant or contract to
legal assistance entities under this section for purposes of
permitting such entities to carry out programs described in
subsection (b);
``(3) administer any such grant or contract; and
``(4) accept funds, in advance or by way of reimbursement,
from the Court under subsection (c) in order to cover the
administrative costs referred to in that subsection.
``(e)(1) Not later than February 1 each year, the Court shall
submit to Congress a report on the funds and financial assistance
provided under this section during the preceding fiscal year. Based on
the data provided the Court by entities receiving such funds and
assistance, each report shall--
``(A) set forth the amount, if any, of funds provided to
nonprofit organizations under paragraph (1) of subsection (a)
during the fiscal year covered by the report;
``(B) set forth the amount, if any, of financial assistance
provided to legal assistance entities pursuant to paragraph (1)
of subsection (a) or under paragraph (2) of that subsection
during that fiscal year;
``(C) set forth the amount, if any, of funds provided to
nonprofit organizations under subsection (c) during that fiscal
year; and
``(D) describe the programs carried out under this section
during that fiscal year.
``(2) The Court may require that the nonprofit organization and
legal assistance entities to which funds or financial assistance are
provided under this section provide the Court with such data on the
programs carried out under this section as the Court determines
necessary to prepare a report under this subsection.
``(g) For the purposes of this section:
``(1) The term `legal assistance entity' means a not-for-
profit organization or veterans service organization capable of
providing legal assistance to persons with respect to matters
before the Court.
``(2) The term `Legal Services Corporation' means the
corporation established under section 1003(a) of the Legal
Services Corporation Act (42 U.S.C. 2996b(a)).
``(3) The term `nonprofit organization' means the Legal
Services Corporation or any other similar not-for-profit
organization that is involved with the provision of legal
assistance to persons unable to afford such assistance.
``(4) The term `veterans service organization' means an
organization referred to in section 5902(a)(1) of this title,
including an organization approved by the Secretary under that
section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7286 the
following new item:
``7287. Legal assistance for financially needy veterans in Court
proceedings; use of funds for
assistance.''. | Authorizes the United States Court of Veterans Appeals to provide funds to nonprofit organizations to permit such organizations to provide financial assistance to legal assistance entities, which will in turn provide legal advice or representation to veterans before the Court who cannot afford the costs of such advice and representation. Outlines the legal services to be included as part of such advice and representation. Prohibits the legal assistance entity from also charging the individual a fee for such advice or representation. Provides administrative authority for nonprofit organizations to accept funds for the purposes of this Act.
Directs the Court to report annually to the Congress on the funds and financial assistance provided under this Act. | A bill to amend title 38, United States Code, to authorize the provision of financial assistance in order to ensure that financially needy veterans receive legal assistance in connection with proceedings before the United States Court of Veterans Appeals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Infrastructure Protection
Act'' or the ``CIPA''.
SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND
PREPAREDNESS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121)
is amended--
(1) in section 2 (6 U.S.C. 101), by inserting after
paragraph (6) the following:
``(6a) EMP.--The term `EMP' means--
``(A) an electromagnetic pulse caused by
intentional means, including acts of terrorism; and
``(B) a geomagnetic disturbance caused by solar
storms or other naturally occurring phenomena.'';
(2) in title V (6 U.S.C. 311 et seq.), by adding at the end
the following:
``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION.
``The Secretary, or the Secretary's designee, shall, to the extent
practicable--
``(1) include in national planning frameworks the threat of
EMP events; and
``(2) conduct outreach to educate owners and operators of
critical infrastructure, emergency planners, and emergency
response providers at all levels of government of the threat of
EMP events.'';
(3) in title III (6 U.S.C. 181 et seq.), by adding at the
end of the following:
``SEC. 318. EMP RESEARCH AND DEVELOPMENT.
``(a) In General.--In furtherance of domestic preparedness and
response, the Secretary, acting through the Under Secretary for Science
and Technology, and in consultation with other relevant agencies and
departments of the Federal Government and relevant owners and operators
of critical infrastructure, shall, to the extent practicable, conduct
research and development to mitigate the consequences of EMP events.
``(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
``(1) An objective scientific analysis of the risks to
critical infrastructures from a range of EMP events.
``(2) Determination of the critical national security
assets and vital civic utilities and infrastructures that are
at risk from EMP events.
``(3) An evaluation of emergency planning and response
technologies that would address the findings and
recommendations of experts, including those of the Commission
to Assess the Threat to the United States from Electromagnetic
Pulse Attack.
``(4) An analysis of technology options that are available
to improve the resiliency of critical infrastructure to EMP.
``(5) The restoration and recovery capabilities of critical
infrastructure under differing levels of damage and disruption
from various EMP events.''; and
(4) in section 201(d) (6 U.S.C. 121(d)), by adding at the
end the following:
``(26)(A) Prepare and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate--
``(i) a recommended strategy to protect and prepare
the critical infrastructure of the American homeland
against EMP events, including from acts of terrorism;
and
``(ii) biennial updates on the status of the
recommended strategy.
``(B) The recommended strategy shall--
``(i) be based on findings of the research and
development conducted under section 318;
``(ii) be developed in consultation with the
relevant Federal sector-specific agencies (as defined
under Homeland Security Presidential Directive-7) for
critical infrastructures;
``(iii) be developed in consultation with the
relevant sector coordinating councils for critical
infrastructures; and
``(iv) include a classified annex as needed.
``(C) The Secretary may, if appropriate, incorporate the
recommended strategy into a broader recommendation developed by
the Department to help protect and prepare critical
infrastructure from terrorism and other threats if, as
incorporated, the strategy complies with subparagraph (B).''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended--
(1) by adding at the end of the items relating to title V
the following:
``Sec. 526. National planning frameworks and education.'';
and
(2) by adding at the end of the items relating to title III
the following:
``Sec. 318. EMP research and development.''.
(c) Deadline for Recommended Strategy.--The Secretary of Homeland
Security shall submit the recommended strategy required under the
amendment made by subsection (a)(4) by not later than 1 year after the
date of the enactment of this Act.
(d) Report.--The Secretary shall submit a report to Congress by not
later than 180 days after the date of the enactment of this Act
describing the progress made in, and an estimated date by which the
Department of Homeland Security will have completed--
(1) including EMP (as defined in the amendment made by
subsection (a)(1)) threats in national planning frameworks;
(2) research and development described in the amendment
made by subsection (a)(3);
(3) development of the comprehensive plan required under
the amendment made by subsection (a)(4); and
(4) outreach to educate owners and operators of critical
infrastructure, emergency planners, and emergency response
providers at all levels of government regarding the threat of
EMP events.
SEC. 3. NO REGULATORY AUTHORITY.
Nothing in this Act, including the amendments made by this Act,
shall be construed to grant any regulatory authority.
SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.
This Act, including the amendments made by this Act, may be carried
out only by using funds appropriated under the authority of other laws.
Passed the House of Representatives November 16, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA (Sec. 2) Amends the Homeland Security Act of 2002 to define "EMP" to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act. | CIPA |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Loophole Closing Act of
2017''.
SEC. 2. GUN SHOW BACKGROUND CHECK.
(a) Findings.--The Congress finds that--
(1) approximately 5,200 traditional gun shows are held
annually across the United States, attracting thousands of
attendees per show and hundreds of Federal firearms licensees
and unlicensed firearms sellers; and
(2) gun shows at which firearms are exhibited or offered
for sale or exchange provide a convenient and centralized
commercial location where criminals and other prohibited
persons obtain firearms without background checks and without
records that enable firearm tracing.
(b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) Gun Show.--The term `gun show'--
``(A) means any event at which 50 or more firearms are
offered or exhibited for sale, exchange, or transfer, if one or
more of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce;
``(B) does not include an offer or exhibit of firearms for
sale, exchange, or transfer by an individual from the personal
collection of that individual, at the private residence of that
individual, if the individual is not required to be licensed
under section 923; and
``(C) does not include an offer or exhibit of firearms for
sale, exchange, or transfer at events--
``(i) where not more than 100 firearms are offered
or exhibited for sale, exchange or transfer;
``(ii) that are conducted by private, not-for-
profit organizations whose primary purpose is owning
and maintaining real property for the purpose of
hunting activities; and
``(iii) that are attended only by permanent or
annual dues-paying members of the organizations, and
the members of the immediate families of the dues-
paying members.
``(37) Gun Show Vendor.--The term `gun show vendor' means a person
who is not licensed under section 923 and who exhibits, sells, offers
for sale, transfers, or exchanges a firearm at a gun show, regardless
of whether or not the person arranges with the gun show operator for a
fixed location from which to exhibit, sell, offer for sale, transfer,
or exchange the firearm.''.
(c) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of such title is amended by
adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Operators.--It shall be unlawful for
a person to operate a gun show, unless--
``(1) the person has attained 21 years of age;
``(2) the person (and, if the person is a corporation,
partnership, or association, each individual possessing,
directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation,
partnership, or association) is not prohibited by subsection
(g) or (n) of section 922 from transporting, shipping, or
receiving firearms or ammunition in interstate or foreign
commerce;
``(3) the person has not willfully violated any provision
of this chapter or regulation issued under this chapter;
``(4) the person has registered with the Attorney General
as a gun show operator, in accordance with regulations
promulgated by the Attorney General, and as part of the
registration--
``(A) has provided the Attorney General with a
photograph and the fingerprints of the person; and
``(B) has certified that the person meets the
requirements of subparagraphs (A) through (D) of
section 923(d)(1);
``(5) the person has not willfully failed to disclose any
material information required, and has not made any false
statement as to any material fact, in connection with the
registration; and
``(6) the person has paid the Attorney General a fee for
the registration, in an amount determined by the Attorney
General.
``(b) Responsibilities of Gun Show Operators.--
``(1) In general.--It shall be unlawful for a person to
operate a gun show, unless the person--
``(A) not later than 30 days before the
commencement of the gun show, notifies the Attorney
General, in writing, of the date, time, duration, and
location of the gun show, and the identity of each
person who will be a gun show vendor at the gun show;
``(B) before commencement of the gun show--
``(i) verifies the identity of each
individual who will be a gun show vendor at the
gun show by examining a valid identification
document (as defined in section 1028(d)(3)) of
the individual containing a photograph of the
individual; and
``(ii) requires each such individual to
sign--
``(I) a ledger, and enter into the
ledger identifying information
concerning the individual; and
``(II) a notice which sets forth
the obligations of a gun show vendor
under this chapter; and
``(C) notifies each person who attends the gun show
of the requirements of this chapter, in accordance with
such regulations as the Attorney General shall
prescribe.
``(2) Recordkeeping.--A person who operates, or has
operated, a gun show shall maintain records demonstrating
compliance with paragraph (1)(B), at such place, for such
period of time, and in such form as the Attorney General shall
require by regulation, or transmit the records to the Attorney
General.
``(c) Background Check Required Before Transfer of Firearm Between
Unlicensed Persons.--It shall be unlawful for a person who is not
licensed under this chapter to transfer possession of, or title to, a
firearm at, or on the curtilage of, a gun show, to another person who
is not so licensed, or for a person who is not so licensed to receive
possession of, or title to, a firearm at, or on the curtilage of, a gun
show from another person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer--
``(1) has entered into a separate bound record the make,
model, and serial number of the firearm, and such other
information about the transaction as the Attorney General may
require by regulation; and
``(2) has notified the prospective transferor and
prospective transferee of the firearm that the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act has provided the
licensee with a unique identification number, indicating that
receipt of the firearm by the prospective transferee would not
violate section 922 of this title or State law.
``(d) Recordkeeping Requirements.--
``(1) In general.--A licensee who provides a notice
pursuant to subsection (c)(2) with respect to the transfer of a
firearm shall--
``(A) not later than 10 days after the date of the
transfer, submit to the Attorney General a report of
the transfer, which report shall specify the make,
model, and serial number of the firearm, and contain
such other information and be on such form, as the
Attorney General shall require by regulation, except
that the report shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
and
``(B) retain a record of the transfer, including
the same information as would be required if the
transfer were from the inventory of the licensee, as
part of the permanent business records of the licensee.
``(2) Limitation.--The Attorney General may not impose any
recordkeeping requirement on any gun show vendor by reason of
this section.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8)(A) Whoever knowingly violates subsection (a) or (d) of
section 932 shall be fined under this title, imprisoned not more than 5
years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
932, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
fined under this title, imprisoned not more than 5 years, or
both.
``(C) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person who
knowingly violates any provision of section 932--
``(i) if the person is registered pursuant to section
932(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 932(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Clerical amendment.--The table of contents for such
chapter is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows.''.
(d) Inspection Authority.--Section 923(g)(1) of such title is
amended by adding at the end the following:
``(E) Notwithstanding subparagraph (B) of this paragraph, the
Attorney General may enter during business hours any place where a gun
show operator operates a gun show or is required to maintain records
pursuant to section 932(b)(2), for purposes of examining the records
required by sections 923 and 932 and the inventory of licensees
conducting business at the gun show. The entry and examination shall be
conducted for the purposes of determining compliance with this chapter
by gun show operators and licensees conducting business at the gun
show, and shall not require a showing of reasonable cause or a
warrant.''.
(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.--
Section 923(g)(3)(A) of such title is amended by inserting ``or
provides pursuant to section 932(c)(2) notice with respect to,'' after
``sells or otherwise disposes of,''.
(f) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of such title is amended to read as
follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m),
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(g) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a)(5) of such title is
amended--
(A) by striking ``subsection (s) or (t) of section
922'' and inserting ``section 922(t)''; and
(B) by striking ``1'' and inserting ``5''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of such title is amended by striking ``and, at the
time'' and all that follows through ``State law''.
(h) Authority To Hire Personnel To Inspect Gun Shows.--The Director
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at
least 40 additional Industry Operations Investigators for the purpose
of carrying out inspections of gun shows (as defined in section
921(a)(36) of title 18, United States Code).
(i) Report to the Congress.--The Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives shall submit biennial reports to the
Congress on how firearms (as defined in section 921(a)(3) of title 18,
United States Code) are sold at gun shows (as defined in paragraph (36)
of such section), how this section is being carried out, whether
firearms are being sold without background checks conducted by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act, what
resources are needed to carry out this section, and any recommendations
for improvements to ensure that firearms are not sold without the
background checks.
(j) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act. | Gun Show Loophole Closing Act of 2017 This bill makes it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Department of Justice (DOJ) as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies DOJ of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. The bill makes it unlawful for a person not licensed under this bill to transfer possession of a firearm at a gun show to another person not licensed unless a licensed importer, manufacturer, or dealer has, among other conditions, recorded the transfer with DOJ. Additionally, the licensed dealer must notify the prospective transferor and transferee of the firearm that the national instant criminal background check system has provided the dealer with a unique identification number indicating that the receipt of the firearm would not violate certain federal or state firearm laws. The bill grants DOJ authority to enter, without a showing of reasonable cause or a warrant, any place where a gun show is held or where a gun show operator is required to maintain records to examine records and inventory to determine compliance with this bill. | Gun Show Loophole Closing Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Curecanti National Recreation Area
Boundary Establishment Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1965, the National Park Service has been co-
managing the Curecanti National Recreation Area under
agreements with the Bureau of Reclamation.
(2) The Curecanti National Recreation Area has never been
legislatively established.
(3) Public Law 106-76 directed the National Park Service to
conduct a study to assess the natural, cultural, recreational,
and scenic resources within and surrounding Curecanti National
Recreation Area, and to identify and recommend a variety of
alternatives and tools to protect those resource values and the
character of the land.
(4) The Curecanti National Recreation Area includes an
abundance of natural, historic, and archeological features in a
setting of canyons, pinnacles, cliffs, and mesas, offering the
public opportunities for recreation and reflection within its
scenic landscape.
(5) The National Park Service, in cooperation with the
Bureau of Reclamation, completed the Curecanti Resource
Protection Study/EIS, and prepared a Report to Congress,
October 2009, which recommends that Congress pass enabling
legislation for the National Recreation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Map to
Establish Curecanti National Recreation Area'', numbered 616/
100485, and dated March 5, 2010.
(2) National recreation area.--The term ``national
recreation area'' means the Curecanti National Recreation Area,
established in section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO.
(a) Establishment.--There is established the Curecanti National
Recreation Area in the State of Colorado, as a unit of the National
Park System, consisting of approximately 51,830 acres, as generally
depicted on the map.
(b) Conservation Opportunity Area.--There is established a
conservation opportunity area, consisting of approximately 24,300
acres, as generally depicted on the map.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA.
(a) In General.--The Secretary shall administer the national
recreation area in accordance with this Act, the cooperative agreements
described in this section, and with laws and regulations generally
applicable to units of the National Park System, including the National
Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1).
(b) Dam, Power Plant, and Reservoir Management and Operations.--
Nothing in this Act shall affect or interfere with the authority of the
Secretary under--
(1) the National Reclamation Act (Public Law 57-161; Stat.
388), as amended and supplemented, to operate the Uncompahgre
Valley Reclamation Project; or
(2) Public Law 84-485, as amended and supplemented, to
operate the Wayne N. Aspinall Unit of the Colorado River
Storage Project.
(c) Cooperative Agreements.--
(1) In general.--The Secretary may enter into, or modify
existing, management agreements involving the National Park
Service, the Bureau of Reclamation, the Bureau of Land
Management, or the Forest Service to manage Federal lands
within the boundary of the national recreation area.
(2) State lands.--The Secretary may enter into cooperative
management agreements for any lands administered by the State
of Colorado that are within or adjacent to the national
recreation area, pursuant to the cooperative management
authority found in section 802(a) of the National Parks Omnibus
Management Act of 1998 (Public Law 105-391).
(d) Recreational Activities.--The Secretary shall allow boating,
boating-related activities, hunting, and fishing within the national
recreation area in accordance with applicable Federal and State laws.
The Secretary may designate zones where, and establish periods when, no
boating, hunting, or fishing shall be permitted for reasons of public
safety.
(e) Conservation Opportunity Area.--Within the boundaries of the
conservation opportunity area established under this Act, the Secretary
is authorized to acquire lands, or interests in lands, including
conservation easements from willing sellers, and to provide technical
assistance to landowners in order to conserve resources and values
identified as important to the national recreation area on lands that
are outside but adjacent to the national recreation area.
(f) Withdrawal.--Subject to valid existing rights, all Federal
lands within the national recreation area are withdrawn from all forms
of entry, appropriation, or disposal under the public land laws; from
location, entry, and patent under the mining laws; and from disposition
under all laws relating to mineral and geothermal leasing, and all
amendments thereto.
(g) Grazing.--
(1) State or private lands.--On State or private lands
acquired for the national recreation area on which authorized
grazing is occurring on the date of enactment of this Act, the
Secretary, in consultation with the lessee, may allow the
continuation of grazing on the land by the lessee at the time
of acquisition, subject to applicable law (including
regulations).
(2) Federal land.--Where grazing is allowed on land that is
Federal land on the date of the enactment of this section and
is located within the boundary of the national recreation area,
the Secretary is authorized to allow the continuation of such
grazing unless the Secretary determines that grazing would harm
the resources or values of the national recreation area.
(3) Termination of leases.--Nothing in this section shall
prohibit the Secretary from accepting the voluntary termination
of leases or permits for grazing within the national recreation
area.
SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT.
(a) In General.--The Secretary is authorized to acquire from
willing sellers lands, or interests in lands, within the boundary of
the national recreation area or the conservation opportunity area
necessary for effective management of the national recreation area.
Lands acquired within the conservation opportunity area shall be added
to the national recreation area and the boundary of the national
recreation area shall be adjusted accordingly.
(b) Acquisition.--Lands identified in subsection (a) may be
acquired by donation, purchase with donated or appropriated funds,
transfer from another Federal agency, or exchange. Lands or interests
in lands owned by the State of Colorado, or a political subdivision
thereof, may only be acquired by donation or exchange.
(c) Exchanges.--For purposes of management efficiency and expanded
recreational opportunities, the Secretary is authorized to conduct land
exchanges with the Secretary of Agriculture and between the National
Park Service and the Bureau of Land Management.
(d) Transfer of Administrative Jurisdiction.--The Secretary of
Agriculture and the Bureau of Land Management shall transfer, without
consideration, administrative jurisdiction for lands to be added to the
national recreation area, as shown on the map, to the National Park
Service. The boundary of the Gunnison National Forest shall be modified
to reflect the transfer of administrative jurisdiction from the
Secretary of Agriculture.
SEC. 7. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this Act, the National Park
Service, in consultation with the Bureau of Reclamation, shall prepare
a general management plan for the national recreation area.
(b) Inclusions.--The general management plan shall include, at a
minimum--
(1) measures for the preservation of the resources of the
national recreation area;
(2) requirements for the type and extent of development and
use of the national recreation area;
(3) identification of visitor carrying capacities for the
national recreation area; and
(4) opportunities for involvement by the Bureau of
Reclamation, the Bureau of Land Management, the Forest Service,
the State of Colorado, and other local and national entities in
the formulation of educational and recreational programs for
the national recreation area and for developing and supporting
the national recreation area. | Curecanti National Recreation Area Boundary Establishment Act of 2010 - Establishes a boundary for the Curecanti National Recreation Area in Colorado and designates it as a unit of the National Park System.
Establishes a conservation opportunity area within the Recreation Area.
Withdraws all federal lands within the Recreation Area from specified public land, mining, and mineral and geothermal leasing laws.
Requires the National Park Service (NPS) to develop a general management plan for the Recreation Area. | To establish the boundary of the Curecanti National Recreation Area, and for other purposes. |
SECTION 1. SMALL MANUFACTURERS' COMPUTER HARDWARE AND SOFTWARE TAX
CREDIT IN LIEU OF EXPENSING.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45R. SMALL MANUFACTURERS COMPUTER HARDWARE AND SOFTWARE TAX
CREDIT.
``(a) In General.--For purposes of section 38, the small
manufacturers' computer hardware and software credit determined under
this section for the taxable year is the lesser of--
``(1) 50 percent of the amount paid or incurred by the
taxpayer during the taxable year for qualified computer
hardware and software property; or
``(2) $35,000.00.
``(b) Qualified Computer Hardware and Software Property.--For
purposes of this section, the term `qualified computer hardware and
software property' means any computer hardware and software property
for use in any small manufacturer located in the United States--
``(1) the original use of which commences with the
taxpayer;
``(2) which is property of a character subject to the
allowance for depreciation; and
``(3) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(c) Computer Hardware.--For purposes of this section, the term
`computer hardware' includes disk drives, integrated circuits, display
screens, cables, modems, speakers, and printers.
``(d) Computer Software.--For purposes of this section, the term
`computer software' means programs, programming languages, data that
direct the operations of a computer system or network, enterprise
resource planning software, manufacturing resource planning software,
materials requirements planning software and software designed to
enhance Internet capabilities.
``(e) Small Manufacturer.--For purposes of this section:
``(1) In general.--The term `small manufacturer' means--
``(A) any unincorporated business, any partnership,
or for-profit corporation;
``(B) with respect to a taxable year, any which
employed an average of 50 or fewer employees on
business days during the preceding calendar year. For
purposes of the preceding sentence, a preceding
calendar year may be taken into account only if the
small business was in existence throughout such year.
``(2) Small manufacturers not in existence in preceding
taxable year.--In the case of a small manufacturer which was
not in existence throughout the preceding calendar year, the
determination under paragraph (1) shall be based on the average
number of employees that it is reasonably expected such
employer or sole proprietor will employ on business days in the
current calendar year.
``(f) Calculation of Number of Employees.--For purposes of
subsection (e), the number of employees of a subsidiary of a wholly
owned corporation includes the employees of--
``(1) a parent corporation; and
``(2) any other subsidiary corporation of that parent
corporation.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is determined under this section in connection with any expenditure for
any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so determined.
``(h) Termination.--This section shall not apply with respect to
any property placed in service after December 31, 2011.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the small manufacturers' computer hardware and
software credit determined under section 45R(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(f) Small Manufacturers Computer Hardware and Software Credit.--
No deduction shall be allowed for that portion of the expenses
otherwise allowable as a deduction for the taxable year which is equal
to the amount of the credit determined for the taxable year under
section 45R.''.
(d) Allowance of Credit Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
striking ``and'' at the end of clause (vii), by striking the period at
the end of clause (viii) and insert ``, and'', and by inserting after
clause (viii) the following new clause:
``(ix) the credit determined under section
45R.''.
(e) Transferability of Credit.--Nothing in any law or rule shall be
construed to limit the transferability, through sale and repurchase
agreements, of the credit allowed by reason of section 45R.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2008. | Amends the Internal Revenue Code to allow certain small manufacturers a tax credit for their computer hardware and software expenses. Limits such credit to the lesser of 50% of such expenses or $35,000. Terminates such credit after 2011. | To amend the Internal Revenue Code of 1986 to provide incentives for improving small manufacturers' computer technology. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teenage Pregnancy Reduction Act of
1996''.
SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF TEENAGE
PREGNANCY.
(a) In General.--The Secretary of Health and Human Services shall
(directly or through grants or contracts awarded to public or nonprofit
private entities) arrange for the evaluation of a wide variety of
promising programs designed in whole or part to prevent pregnancy in
teenagers, including programs that do not receive grants from the
Federal Government for the operation of the programs. The purpose of
the evaluation shall be the determination of--
(1) the factors contributing to the effectiveness of the
programs; and
(2) methods for replicating the programs in other
locations.
(b) Participation of Federal Agencies and Private Organizations.--
In carrying out the evaluation under subsection (a), the Secretary
shall as appropriate--
(1) provide for the participation of the Director of the
Centers for Disease Control and Prevention, the Director of the
Office of Population Affairs, the Assistant Secretary for
Children and Families, and the Director of the National
Institute of Child Health and Human Development; and
(2) provide for the participation of private organizations,
including the National Campaign to Prevent Teen Pregnancy, a
nonpartisan organization.
(c) Design of Evaluation.--Subject to subsection (d), the Secretary
shall select a design for the evaluation under subsection (a) from
among proposals that--
(1) provide for the evaluation of programs in various
geographic regions;
(2) with respect to the populations served by the programs,
provide for determining factors that are specific to various
socioeconomic groups and various racial and ethnic minority
groups;
(3) provide for recommendations for future programs
designed to reduce the rate of teen pregnancy; and
(4) meet such criteria as the Secretary may establish.
(d) Measures of Effectiveness.--The Secretary shall define the
measures of effectiveness used in evaluating the programs designed to
reduce the rate of teenage pregnancy, and shall include a variety of
measures of effectiveness in the definition.
(e) Scientific Peer Review.--The Secretary may provide funds for a
proposal pursuant to subsection (a) only if the proposal has been
recommended for approval pursuant to a process of scientific peer
review utilizing one or more panels of experts. Such panels shall
include experts from public entities and from private entities.
(f) Submission of Report to Congress and Secretary.--Not later than
December 1, 1999, the evaluation under subsection (a) shall be
completed and a report describing the findings made in the evaluation
shall be submitted to the Congress and to the Secretary.
(g) Dissemination of Information.--After the submission of the
report under subsection (f), the Secretary shall disseminate the
findings presented in the report. The categories of individuals to whom
the information is disseminated shall include administrators of
prevention programs, public and private entities that provide financial
support to such programs, professional medical associations, entities
providing public health services, entities providing social work
services, and school administrators.
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $3,500,000 for
each of the fiscal years 1997 through 1999.
SEC. 3. NATIONAL CLEARINGHOUSE ON PREVENTION PROGRAMS.
(a) In General.--Not later than 180 days after the completion of
the evaluation under section 2, the Secretary shall (directly or though
grants or contracts awarded to public or nonprofit private entities)
establish an information clearinghouse to be known as the National
Clearinghouse on Teenage Pregnancy Prevention Programs (in this section
referred to as the ``Clearinghouse'').
(b) Functions.--The Clearinghouse shall carry out the following
activities:
(1) Collect, maintain, and disseminate information on
prevention programs, including information on the following:
(A) The state of program development.
(B) All types of prevention programs.
(C) Findings made in the report submitted under
section 2(f).
(2) Develop networks of prevention programs for the purpose
of sharing and disseminating information.
(3) Develop and disseminate materials that provide
technical assistance to public and private entities in
establishing or improving prevention programs.
(4) Participate in activities designed to encourage and
enhance public media campaigns regarding pregnancy in
teenagers.
(5) Such other activities as will assist in the development
and carrying out of activities to reduce pregnancy in
teenagers.
(c) Dissemination to Certain Entities.--The categories of entities
to which the Clearinghouse disseminates information shall include
administrators of prevention programs, public and private entities that
provide financial support to such programs, professional medical
associations, entities providing public health services, entities
providing social work services, and school administrators.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2000 through 2003.
SEC. 4. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS.
(a) In General.--In the case of a prevention program that pursuant
to the evaluation under section 2 has been found to be effective, the
Secretary may under this section make not more than one grant to the
entity that operates the program. The purpose of the grant shall be to
assist the entity with the expenses of operating the program.
(b) Authorization of Appropriations.--For carrying out subsection
(a), there is authorized to be appropriated $10,000,000, in the
aggregate, for the fiscal years 2000 through 2003. Such authorization
is in addition to any other authorization of appropriations that is
available for making grants for the operational expenses of prevention
programs.
SEC. 5. DEFINITIONS.
(a) Prevention Programs.--
(1) Rule of construction.--The provisions of this Act apply
with respect to a prevention program without regard to which of
the various programmatic approaches for the prevention of
pregnancy in teenagers (as defined in paragraph (2)) is the
focus of the program.
(2) Programmatic approaches.--For purposes of this Act, the
term ``programmatic approaches'', with respect to prevention
programs, includes advocating abstinence from sexual relations;
providing family planning services (including contraception);
fostering academic achievement; mentoring by adults; providing
employment assistance or job training; providing professional
counseling or peer counseling; providing for recreational or
social events; and any combination thereof.
(b) Other Definitions.--For purposes of this Act:
(1) The term ``prevention program'' means a program for the
prevention of pregnancy in teenagers.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services. | Teenage Pregnancy Reduction Act of 1996 - Mandates evaluation (directly or through grants or contracts) of a wide variety of promising programs to prevent teenage pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations.
Mandates establishment (directly or through grants or contracts) of the National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations.
Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations. | Teenage Pregnancy Reduction Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Waterfront Preservation Act
of 2005''.
SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) is amended by adding at the end the following new
title:
``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Coastal state.--The term `Coastal State' has the
meaning given the term `coastal state' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
``(2) Coastal waters.--The term `coastal waters' has the
meaning given that term in section 304 of the Coastal Zone
Management Act of 1971 (16 U.S.C. 1453).
``(3) Eligible entity.--The term `eligible entity' means--
``(A) the government of a Coastal State;
``(B) a unit of local government within a Coastal
State; or
``(C) a nonprofit organization or a fishing
cooperative that the Secretary determines is
appropriate to receive a grant under section 502.
``(4) Eligible project.--The term `eligible project'
means--
``(A) a project to acquire real property or an
interest in real property located in a Coastal State
for the purpose of providing access to persons engaged
in the commercial fishing industry or the aquaculture
industry to coastal waters in working waterfront areas;
or
``(B) a project to make improvements to real
property located in a Coastal State and owned by an
eligible entity, including the construction or repair
of wharfs or related facilities, to provide access to
persons engaged in the commercial fishing industry or
the aquaculture industry to coastal waters in working
waterfront areas.
``(5) Fishing cooperative.--The term `fishing cooperative'
means a fishing or fish marketing association organized in a
coastal state for the purpose of a promoting, fostering, and
encouraging fishing or marketing of fish and fishery products
through cooperation of its members and for the benefit of their
members as producers of such products.
``(6) Nonprofit organization.--The term `nonprofit
organization' means an organization that is--
``(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
``(B) exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986.
``(7) State fisheries official.--The term `State fisheries
official' means the principal State official with marine
fishery management responsibility and expertise in a coastal
State, who is designated as such by the Governor of the State,
so long as the official continues to hold such position, or the
designee of such official.
``(8) Working waterfront areas.--The term `working
waterfront areas' means land that is used for or that supports
commercial fishing or the aquaculture industry.
``SEC. 502. GRANT PROGRAM.
``(a) In General.--The Secretary is authorized to award a grant to
an eligible entity for the purpose of carrying out an eligible project.
``(b) Considerations.--In awarding a grant for an eligible project
under this section, the Secretary shall consider--
``(1) the need for the eligible project based on the
assessment of need submitted under subsection (c)(2)(A);
``(2) the economic significance of the eligible project to
the commercial fishing industry or the aquaculture industry in
the immediate vicinity and in the Coastal State in which the
eligible project is located;
``(3) the degree of community support for the eligible
project;
``(4) the level of threat of that the property proposed to
be acquired or improved with such grant will be converted to
uses incompatible with commercial fishing or the aquaculture
industry;
``(5) the utility of the eligible project for commercial
fishing or the aquaculture industry, with respect to the
natural characteristics and developed infrastructure of the
property proposed to be acquired;
``(6) whether a business plan or a harbor plan exists for
the area in which the project will be located and whether the
eligible project is consistent with such plan;
``(7) for an eligible project described in section
501(4)(A), the availability of alternative real property or an
alternative interest in real property that would ensure that
persons engaged in the commercial fishing industry or the
aquaculture industry have access to coastal waters in working
waterfront areas; and
``(8) whether a land use plan exists for the area in which
the project will be located and whether the project is
consistent with such plan.
``(c) Application and Review.--
``(1) In general.--An eligible entity that seeks a grant
under this section shall submit to the appropriate State
fisheries official, at such time and in such manner as the
Secretary shall prescribe, an application for the grant.
``(2) Assessment of need.--An application for a grant may
be considered by the Secretary if the appropriate State
fisheries official--
``(A) prepares an assessment of the need for the
proposed eligible project, taking into account--
``(i) the needs of the commercial fishing
industry or the aquaculture industry in the
State;
``(ii) the needs of other industries and
other parties in the area in which the project
will be located;
``(iii) whether alternative sites exist for
the proposed project; and
``(iv) the social and cultural value of the
industries to the affected community and State;
and
``(B) submits to the Secretary--
``(i) the application submitted under
paragraph (1); and
``(ii) the assessment of need prepared
under subparagraph (A).
``(d) Cost Sharing.--
``(1) In general.--The amount of a grant awarded under this
section to carry out an eligible project may not exceed 75
percent of the total cost of the eligible project.
``(2) Assurances.--As a condition of receipt of a grant
under this section, an eligible entity shall provide to the
Secretary such assurances as the Secretary determines are
sufficient to demonstrate that the share of the cost of each
eligible project that is not funded by the grant awarded under
this section has been secured.
``(3) Form.--The share of the cost of carrying out an
eligible project that is not funded by a grant awarded under
this section may be provided in cash or in kind (including a
donation of land).
``(e) Use of Grant Funds for Eligible Projects.--
``(1) Purchases.--
``(A) In general.--Except as provided in
subparagraph (B), grants awarded under this section may
be used to purchase privately-owned real property or
interests in privately-owned real property, including
easements, only from willing sellers at fair market
value.
``(B) Sales at less than fair market value.--A
grant awarded under this section may be used to acquire
privately-owned real property or an interest in
privately-owned real property at less than fair market
value only if the owner certifies to the Secretary that
the sale is being entered into willingly and without
coercion.
``(C) No exercise of eminent domain.--No Federal,
State, or local agency may exercise the power of
eminent domain to secure title to any real property or
facilities in connection with a project carried out
under this title.
``(2) Title.--Title to real property or an interest in real
property acquired with a grant awarded under this section may
be held, as determined appropriate by the Secretary in
consultation with the appropriate Coastal State, by--
``(A) the Coastal State;
``(B) a unit of local government of the Coastal
State;
``(C) a nonprofit organization; or
``(D) a fishing cooperative.
``(f) Continued Access to Coastal Waters.--
``(1) Requirement for agreement.--The Secretary shall enter
into an agreement with an eligible entity that receives a grant
under this section. Such agreement shall require the eligible
entity to provide the Secretary the assurances that the
Secretary determines are appropriate to ensure that the
eligible project is not converted to a use that is inconsistent
with the purposes for which the grant was awarded.
``(2) Reversionary interest.--
``(A) In general.--If the Governor of a Coastal
State makes a determination described in subparagraph
(B), all right, title, and interest in and to the
property shall, except as provided in subparagraph (C),
revert, at the option of the Governor, to the Coastal
State, and the State shall have the right of immediate
entry onto the property. Any determination of the
Governor under this paragraph shall be made on the
record after an opportunity for a hearing.
``(B) Determination.--The determination referred to
in subparagraph (A) is a determination that--
``(i) the unit of local government or
nonprofit organization is unable or unwilling
to enforce the terms of the easement; or
``(ii) the easement has been modified in a
manner that is inconsistent with the purposes
for which the grant was awarded.
``(C) Conveyance to another unit of local
government or nonprofit organization.--If the Governor
of a Coastal State makes a determination under
subparagraph (B), the State may convey or authorize the
unit of local government or nonprofit organization to
convey the easement to another unit of local government
or nonprofit organization.
``(g) Approval or Disapproval.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after the date on which the Secretary receives an
application under subsection (c)(2)(B), the Secretary shall--
``(A) review the application; and
``(B)(i) award a grant to the applicant; or
``(ii) disapprove the application and provide the
applicant a statement that describes the reasons why
the application was disapproved, including a deadline
by which the applicant may resubmit the application.
``(h) Administrative Costs.--A Coastal State, on approval of the
Secretary and subject to any regulations promulgated by the Secretary,
may use up to 10 percent of the amounts made available under this
section to pay the administrative costs of the Coastal State relating
to the program.
``(i) Treatment of Purchase Proceeds.--For purposes of the Internal
Revenue Code of 1986, gross income shall not include 50 percent of the
gain from the sale or exchange of private land or interests in private
land in purchases described in subsection (e)(1).
``SEC. 503. ANNUAL REPORT.
``The Secretary shall submit to Congress an annual report that
describes the eligible projects carried out using grants awarded under
this title.''.
SEC. 3. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated to the Secretary of
Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to
carry out the provisions of title V of the Magnuson-Stevens Fishery
Conservation and Management Act, as added by section 2. | Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas. | A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act to establish a grant program to ensure waterfront access for commercial fisherman, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Tuberculosis Control
Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Tuberculosis is a great health and economic burden to
impoverished nations and a health and security threat to the
United States and other industrialized countries.
(2) Tuberculosis kills 2,000,000 people each year (a person
every 15 seconds) and is second only to HIV/AIDS as the
greatest infectious killer of adults worldwide.
(3) Tuberculosis is today the leading killer of women of
reproductive age and of people who are HIV-positive.
(4) One-third of the world's population is currently
infected with the tuberculosis bacterium, including 10,000,000
through 15,000,000 persons in the United States, and someone in
the world is newly infected with tuberculosis every second.
(5) With 46 percent of tuberculosis cases in the United
States in the year 2000 found in foreign-born persons, as
compared to 24 percent in 1990, it is clear that the only way
to control tuberculosis in the United States is to control it
worldwide.
(6) Left untreated, a person with active tuberculosis can
infect an average of 10 through 15 people in one year.
(7) Pakistan and Afghanistan are among the 22 countries
identified by the World Health Organization as having the
highest tuberculosis burden globally.
(8) More than one-quarter of all adult deaths in Pakistan
are due to tuberculosis, and Afghan refugees entering Pakistan
have very high rates of tuberculosis, with refugee camps, in
particular, being areas where tuberculosis runs rampant.
(9) The tuberculosis and AIDS epidemics are inextricably
linked. Tuberculosis is the first manifestation of AIDS in more
than 50 percent of cases in developing countries and is
responsible for 40 percent or more of deaths of people with
AIDS worldwide.
(10) An effective, low-cost cure exists for tuberculosis:
Directly Observed Treatment Short-course or DOTS. Expansion of
DOTS is an urgent global priority.
(11) DOTS is one of the most cost-effective health
interventions available today. A full course of DOTS drugs
costs as little as US$10 in low-income countries.
(12) Proper DOTS treatment is imperative to prevent the
development of dangerous multidrug resistant tuberculosis (MDR-
TB) that arises through improper or incomplete tuberculosis
treatment.
(13) The Global Fund to fight AIDS, Tuberculosis, and
Malaria is an important new global partnership established to
combat these 3 infectious diseases that together kill 6,000,000
people a year. Expansion of effective tuberculosis treatment
programs should constitute a major component of Global Fund
investment.
SEC. 3. DEFINITIONS.
In this Act:
(1) DOTS.--The term ``DOTS'' or ``Directly Observed
Treatment Short-course'' means the World Health Organization-
recommended strategy for treating standard tuberculosis.
(2) Global alliance for tuberculosis drug development.--The
term ``Global Alliance for Tuberculosis Drug Development''
means the public-private partnership that brings together
leaders in health, science, philanthropy, and private industry
to devise new approaches to tuberculosis and to ensure that new
medications are available and affordable in high tuberculosis
burden countries and other affected countries.
(3) Global plan to stop tuberculosis.--The term ``Global
Plan to Stop Tuberculosis'' means the plan developed jointly by
the Stop Tuberculosis Partnership Secretariat and Partners in
Health that lays out what needs to be done to control and
eliminate tuberculosis.
(4) Global tuberculosis drug facility.--The term ``Global
Tuberculosis Drug Facility (GDF)'' means the new initiative of
the Stop Tuberculosis Partnership to increase access to high-
quality tuberculosis drugs to facilitate DOTS expansion.
(5) Stop tuberculosis partnership.--The term ``Stop
Tuberculosis Partnership'' means the partnership of the World
Health Organization, donors including the United States, high
tuberculosis burden countries, multilateral agencies, and
nongovernmental and technical agencies committed to short- and
long-term measures required to control and eventually eliminate
tuberculosis as a public health problem in the world.
SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL,
AND ELIMINATION.
Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) is amended by adding at the end the following:
``(7)(A) Congress recognizes the growing international
problem of tuberculosis and the impact its continued existence
has on those countries that had previously largely controlled
the disease. Congress further recognizes that the means exist
to control and treat tuberculosis by implementing the Global
Plan to Stop Tuberculosis and by adequately investing in newly
created mechanisms, including the Global Tuberculosis Drug
Facility, and that it is therefore a major objective of the
foreign assistance program to control the disease. To this end,
Congress expects the agency primarily responsible for
administering this part--
``(i) to coordinate with the World Health
Organization, the Centers for Disease Control, the
National Institutes of Health, and other organizations
with respect to the development and implementation of a
comprehensive tuberculosis control program; and
``(ii) to set as a goal the detection of at least
70 percent of the cases of infectious tuberculosis, and
the cure of at least 85 percent of the cases detected,
by December 31, 2005, in those countries classified by
the World Health Organization as among the highest
tuberculosis burden, and by December 31, 2010, in all
countries in which the agency has established
development programs.
``(B)(i) There is authorized to be appropriated
$200,000,000 for each of the fiscal years 2003 through 2005 for
carrying out this paragraph.
``(ii) Funds appropriated under this paragraph are
authorized to remain available until expended.
``(C) In carrying out subparagraph (A), not less than 75
percent of the amount authorized to be appropriated under
subparagraph (B) shall be expended for antituberculosis drugs,
supplies, patient services, and training in diagnosis and care,
in order to increase directly observed treatment shortcourse
(DOTS) coverage, including funding for the Global Tuberculosis
Drug Facility.
``(D) In carrying out subparagraph (A), of the amount
authorized to be appropriated under subparagraph (B)--
``(i) not less than 10 percent shall be used for
funding of the Global Tuberculosis Drug Facility;
``(ii) not less than 7.5 percent shall be used for
funding of the Stop Tuberculosis Partnership; and
``(iii) not less than 2.5 percent shall be used for
funding of the Global Alliance for Tuberculosis Drug
Development.
``(E) The President shall submit a report to Congress
annually specifying the increases in the number of people
treated and the increases in number of tuberculosis patients
cured through each program, project, or activity receiving
United States foreign assistance for tuberculosis control
purposes.''. | International Tuberculosis Control Act of 2002 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to declare that Congress recognizes that the means exist to control and treat the growing international problem of tuberculosis by implementing the Global Plan to Stop Tuberculosis and investing in new mechanisms like the Global Tuberculosis Drug Facility. Makes it a major objective of the foreign assistance program to control the disease.Declares that Congress expects the agency primarily responsible for administering this Act to: (1) coordinate with the World Health Organization (WHO), the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and (2) set specified deadlines for the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of them.Earmarks specified amounts of funds for antituberculosis drugs, supplies, patient services, and training in diagnosis and care in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility. | A bill to amend the Foreign Assistance Act of 1961 to take steps to control the growing international problem of tuberculosis. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National Women's
Rights History Project Act of 2005''.
(b) Findings.--Congress finds the following:
(1) The women's rights movement is one of the three great
protest traditions in United States history, sharing that
status with the struggle for racial equality and the labor
movement.
(2) On July 19, 1848, a group of activists including
Elizabeth Cady Stanton, Lucretia Mott, and Mary Ann M'Clintock,
convened the first Women's Rights Convention at Wesleyan Chapel
in Seneca Falls, New York. During the Convention, 68 women and
32 men signed the Declaration of Sentiments calling for a broad
array of rights for women, including suffrage.
(3) Under the leadership of Elizabeth Cady Stanton and
Susan B. Anthony, the National American Women Suffrage
Association (NAWSA) was formed. NAWSA was instrumental in
securing passage of the 19th amendment, which amended the
Constitution to give women the right to vote. The 19th
amendment was passed by Congress on June 4, 1919, and was
ratified on August 18, 1920.
(4) Susan B. Anthony formed the Equal Rights Association,
refuted ideas that women were inferior to men, and fought for
women's right to vote. She also campaigned for the rights of
women to own property, to keep their own earnings, and to have
custody of their children. In 1900, she persuaded the
University of Rochester to admit women.
(5) In the late 19th and early 20th centuries, the women's
movement expanded to also play a critical role in shaping
policies on economic and social welfare.
SEC. 2. ESTABLISHMENT OF VOTES FOR WOMEN HISTORY TRAIL ROUTE AS FEATURE
OF WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.
Title XVI of Public Law 96-607, which established the Women's
Rights National Historical Park, is amended by inserting after section
1601 (16 U.S.C. 410ll) the following new section:
``SEC. 1602. VOTES FOR WOMEN HISTORY TRAIL ROUTE.
``(a) Finding.--There is an opportunity for the Women's Rights
National Historical Park in Seneca Falls and Waterloo, New York, to
work in partnership with historically and thematically related
properties in the corridor between Syracuse and Rochester, New York,
including the Susan B. Anthony House, to tell the story of the 72-year
fight for women's suffrage.
``(b) Establishment of Trail Route.--The Secretary of the Interior,
acting through the Director of National Park Service, with concurrence
of the agency having jurisdiction over the relevant roads, is
authorized to designate a vehicular tour route, to be known as the
`Votes for Women History Trail Route', to link properties in the State
of New York that are historically and thematically associated with the
struggle for women's suffrage in the United States.
``(c) Administration.--The Votes for Women History Trail Route
shall be administered by the National Park Service through the Women's
Rights National Historical Park.
``(d) Activities.--To facilitate the establishment of the Votes for
Women History Trail Route and the dissemination of information
regarding the Trail Route, the Secretary shall--
``(1) produce and disseminate appropriate educational
materials regarding the Trail Route, such as handbooks, maps,
exhibits, signs, interpretive guides, and electronic
information;
``(2) coordinate the management, planning, and standards of
the auto route in partnership with participating properties,
other Federal agencies, and State and local governments;
``(3) create and adopt an official, uniform symbol or
device to mark the Votes for Women History Trail Route; and
``(4) issue guidelines for the use of such symbol or
device.
``(e) Elements of Trail Route.--The Secretary may designate as an
official stop on the Votes for Women History Trail Route any of the
following properties, subject to the consent of the owner of the
property:
``(1) All units and programs of Women's Rights National
Historical Park that pertain to the struggle for women's
suffrage.
``(2) Other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to the struggle for women's suffrage.
``(3) Other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be
directly related to the struggle for women's suffrage.
``(f) Cooperative Agreements and Memoranda of Understanding.--
``(1) Authorized.--To facilitate the establishment of the
Votes for Women History Trail Route and to ensure effective
coordination of the Federal and non-Federal properties
designated as stops along the Trail Route, the Secretary is
authorized to enter into cooperative agreements and memorandums
of understanding with, and provide technical and financial
assistance to, other Federal agencies, the State of New York,
localities, regional governmental bodies, and private entities.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of the Interior
such sums as are necessary for the period of fiscal year 2006
through fiscal year 2010 to provide financial assistance to
cooperating entities pursuant to agreements or memorandums
entered into under paragraph (1).''.
SEC. 3. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT NATIONAL REGISTRY.
(a) In General.--The Secretary of the Interior is authorized to
make annual grants to State historic preservation offices for up to 5
years to assist those State historic preservation offices in surveying,
evaluating, and nominating women's rights history properties to the
National Register of Historic Places. The Secretary shall ensure that
the National Register travel itinerary website, ``Places Where Women
Made History'' is updated to contain the results of the inventory and
links to websites related to places on the inventory when such links
are available.
(b) Eligibility.--When offering grants under subsection (a), the
Secretary shall give priority grants related to properties associated
with the multiple facets of the women's rights movement such as
politics, economics, education, religion, and social and family rights.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this section
such sums as are necessary for the period of fiscal year 2006 through
fiscal year 2010.
SEC. 4. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT PARTNERSHIPS NETWORK.
(a) In General.--The Secretary of the Interior is authorized to
make matching grants and technical assistance for development of a
network of governmental and nongovernmental entities whose purpose is
to provide interpretive and educational program development of national
women's rights history, including historic preservation. Matching
grants for historic preservation specific to the network may be made
available through State historic preservation offices. The network
shall be managed through a nongovernmental entity, identified by the
Secretary of the Interior through a competitive process. The
nongovernmental managing entity shall work in partnership with the
National Park Service and State historic preservation offices to
coordinate operation of the network.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this section
such sums as are necessary for the period of fiscal year 2006 through
fiscal year 2010. | National Women's Rights History Project Act of 2005 - Authorizes the Secretary of the Interior to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in New York State that are historically and thematically associated with the struggle for women's suffrage in the United States. Requires the National Park Service to administer the Trail through the Women's Rights National Historical Park (established under prior law).
Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for up to five years for assistance in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places; and (2) make matching grants and technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women's rights history, including historic preservation. | To authorize the Secretary of the Interior to establish a commemorative trail route in connection with the Women's Rights National Historical Park to link properties that are historically and thematically associated with the struggle for women's suffrage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas National Forests Improvement
Act of 2000''.
SEC. 2. CONVEYANCE OF ADMINISTRATIVE SITES, TEXAS NATIONAL FOREST
SYSTEM LANDS.
(a) Authority To Sell or Exchange.--The Secretary of Agriculture
may convey, by sale or exchange, under such terms and conditions as the
Secretary may prescribe, any and all right, title, and interest of the
United States in and to the following parcels of National Forest System
land (including improvements thereon) located in the State of Texas:
(1) Davy Crockett National Forest, Trinity Ranger Quarters
#066310 (Tract K-2D), located at State Highway 94, Groveton, Texas,
consisting of approximately 3.0 acres, as depicted on the map
entitled ``Trinity Ranger Quarters, Tract K-2D'', dated September
1, 1999.
(2) Davy Crockett National Forest quarters #066380 (Tract K-
604), located at 514 Devine Street, Groveton, Texas, consisting of
approximately 0.5 acre, as depicted on the map entitled ``Davy
Crockett National Forest Quarters, Tract K-604'', dated September
1, 1999.
(3) Sabine National Forest quarters #055250 (Tract S-1391),
located at 706 Cartwright Drive, San Augustine, Texas, consisting
of approximately 0.5 acre, as depicted on the map entitled ``Sabine
National Forest Quarters, Tract S-1391'', dated September 1, 1999.
(4) Sabine National Forest quarters #055400 (Tract S-1389),
located at 507 Planter Drive, San Augustine, Texas, consisting of
approximately 1.5 acres, as depicted on the map entitled ``Sabine
National Forest Quarters, Tract S-1389'', dated September 1, 1999.
(5) Sabine National Forest quarters #077070 (Tract S-1388),
located at State Highway 87, Hemphill, Texas, consisting of
approximately 1.0 acre, as depicted on the map entitled ``Sabine
National Forest Quarters, Tract S-1388'', dated September 1, 1999.
(6) Sabine National Forest quarters #077430 (Tract S-1390),
located at FM Road 944, Hemphill, Texas, consisting of
approximately 2.0 acres, as depicted on the map entitled ``Sabine
National Forest Quarters, Tract S-1390'', dated September 1, 1999.
(7) Old Yellowpine Work Center site, within the Sabine National
Forest, consisting of approximately 1.0 acre, as depicted on the
map entitled ``Old Yellowpine Work Center'', dated September 1,
1999.
(8) Yellowpine Work Center site, within the Sabine National
Forest, consisting of approximately 9.0 acres, as depicted on the
map entitled ``Yellowpine Work Center'', dated September 1, 1999.
(9) Zavalla Work Center site, within the Angelina National
Forest, consisting of approximately 19.0 acres, as depicted on the
map entitled ``Zavalla Work Center'', dated September 1, 1999.
(b) Authorized Consideration.--As consideration for a conveyance of
land under subsection (a), the recipient of the land, with the consent
of the Secretary, may convey to the Secretary other land, existing
improvements, or improvements constructed to specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
any conveyance of land under subsection (a) shall be subject to the
laws and regulations applicable to the conveyance and acquisition of
land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of any parcel of land exchanged under subsection
(a).
(e) Solicitation of Offers.--The Secretary may solicit offers for
the conveyance of land under this section on such terms and conditions
as the Secretary may prescribe. The Secretary may reject any offer made
under this section if the Secretary determines that the offer is not
adequate or not in the public interest.
SEC. 3. CONVEYANCE OF TEXAS NATIONAL FOREST SYSTEM LAND TO NEW WAVERLY
GULF COAST TRADES CENTER.
(a) Conveyance Authority.--Subject to the terms and conditions
specified in this section, the Secretary of Agriculture may convey to
the New Waverly Gulf Coast Trades Center (referred to in this section
as the ``Center''), all right, title, and interest of the United States
in and to a parcel of real property (including improvements thereon)
consisting of approximately 57 acres of land located within the Sam
Houston National Forest, Walker County, Texas, as depicted on the map
entitled ``New Waverly Gulf Coast Trades Center'', dated September 15,
1999. A complete legal description of the property to be conveyed shall
be available for public inspection at an appropriate office of the Sam
Houston National Forest and in the Office of the Chief of the Forest
Service.
(b) Consideration.--
(1) Fair market value.--As consideration for the conveyance
authorized by this section, the Center shall pay to the Secretary
an amount equal to the fair market value of the property, as
determined by an appraisal acceptable to the Secretary and prepared
in accordance with the Uniform Appraisal Standards for Federal Land
Acquisition published by the Department of Justice.
(2) Appraisal cost.--The Center shall pay the cost of the
appraisal of the property.
(3) Time for payment.--The consideration determined under
paragraph (1) shall be paid, at the option of the Center--
(A) in full not later than 180 days after the date of
conveyance of the property; or
(B) in 7 equal annual installments commencing on January 1
of the first year beginning after the conveyance and annually
thereafter until the total amount has been paid.
(4) Interest.--Any payment due for the conveyance of property
under this section shall accrue interest, beginning on the date of
the conveyance, at an annual rate of 3 percent on the unpaid
balance.
(c) Release.--Subject to compliance with all Federal environmental
laws prior to conveyance, the Center, upon acquisition of the property
under this section, shall agree in writing to hold the United States
harmless from any and all claims to the property, including all claims
resulting from hazardous materials conveyed on the lands.
(d) Right of Reentry.--At any time before full payment is made for
the conveyance of the property under this section, the conveyance shall
be subject to a right of reentry in the United States if the Secretary
determines that--
(1) the Center has not complied with the requirements of this
section or the conditions prescribed by the Secretary in the deed
of conveyance; or
(2) the conveyed land is converted to a noneducational or for
profit use.
(e) Alternative Property Disposal Authority.--In the event that the
Center does not contract with the Secretary to acquire the property
described in this section within 18 months of the date of the enactment
of this Act, the Secretary may dispose of the property in the manner
provided in section 2.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit in Sisk Act Fund.--The Secretary shall deposit the
proceeds of a sale or exchange under this Act in the fund established
under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk
Act).
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities for units of the National Forest System
in the State of Texas; or
(2) the acquisition of lands or interests in lands in the State
of Texas.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes proceeds from such conveyances available to the Secretary for: (1) acquisition, construction, or improvement of National Forest System administrative facilities in Texas;or (2) land acquisition in Texas. | Texas National Forests Improvement Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Program
Reauthorization and Environmental Accountability Act of 2005''.
SEC. 2. CHESAPEAKE BAY ENVIRONMENTAL ACCOUNTABILITY AND REPORTING
REQUIREMENTS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) is amended--
(1) by redesignating subsection (j) as subsection (l);
(2) in subsection (e)(7), by inserting ``by the Federal
Government or a State government'' after ``funded'' each place
it appears; and
(3) by inserting after subsection (i) the following:
``(j) Environmental Accountability.--
``(1) Implementation plan.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, the
Administrator shall complete a plan for achieving the
nutrient and sediment reduction goals described in the
agreement entered into by the Chesapeake Executive
Council entitled `Chesapeake 2000' and dated June 28,
2000.
``(B) Inclusions.--The plan shall include--
``(i) a timeline identifying--
``(I) annual goals for achieving
the overall nutrient and sediment
reduction goals; and
``(II) the estimated annual costs
of reaching the annual goals identified
under subclause (I);
``(ii) a description of any measure,
including monitoring or modeling, that the
Administrator will use to assess progress made
toward achieving a goal described in
subparagraph (A) in--
``(I) each jurisdictional tributary
strategy basin of the Chesapeake Bay;
and
``(II) the Chesapeake Bay watershed
as a whole; and
``(iii) a description of any Federal or
non-Federal activity necessary to achieve the
nutrient and sediment reduction goals,
including an identification of any party that
is responsible for carrying out the activity.
``(2) Annual tributary health report card.--
``(A) In general.--Not later than January 31 of
each year, the Administrator shall publish and widely
circulate a `tributary health report card' to evaluate,
based on monitoring and modeling data, progress made
during the preceding year (including any practice
implemented during the year), and overall progress
made, in achieving and maintaining nutrient and
sediment reduction goals for each major tributary of
the Chesapeake Bay and each separable segment of such a
tributary.
``(B) Baseline.--The baseline for the report card
(referred to in this paragraph as the `baseline') shall
be the tributary cap load allocation agreement numbered
EPA 903-R-03-007, dated December 2003, and entitled
`Setting and Allocating the Chesapeake Bay Basin
Nutrient and Sediment Loads: The Collaborative Process,
Technical Tools and Innovative Approaches'.
``(C) Inclusions.--The report card shall include,
for each jurisdictional tributary strategy basin of the
Chesapeake Bay--
``(i) an identification of the total
allocation of nutrients and sediments under the
baseline;
``(ii) the monitored and modeled quantities
of nitrogen, phosphorus, and sediment
reductions achieved during the preceding year,
expressed numerically and as a percentage of
reduction;
``(iii) a list (organized from least to
most progress made) that ranks the comparative
progress made, based on the percentage of
reduction under clause (ii), by each
jurisdictional tributary strategy basin toward
meeting the annual allocation goal of that
jurisdictional tributary strategy basin for
nitrogen, phosphorus, and sediment; and
``(iv) to the maximum extent practicable,
an identification of the principal sources of
pollutants of the tributaries, including
airborne sources of pollutants.
``(D) Use of data; consideration.--In preparing the
report, the Administrator shall--
``(i) use monitoring data and data
submitted under paragraph (3)(A); and
``(ii) take into consideration drought and
wet weather conditions.
``(3) Actions by states.--
``(A) Submission of information.--Not later than
December 31 of each year, each of the States of
Delaware, Maryland, New York, Pennsylvania, Virginia,
and West Virginia and the District of Columbia shall
submit to the Administrator information describing, for
each jurisdictional tributary strategy basin of the
Chesapeake Bay located in the State or District, for
the preceding year--
``(i) the nutrient and sediment cap load
allocation of the jurisdictional tributary
strategy basin;
``(ii) the principal sources of nutrients
and sediment in the jurisdictional tributary
strategy basin, by category;
``(iii) for each category of pollutant
source, the technologies or practices used to
achieve reductions, including levels of best
management practices implementation and sewage
treatment plant upgrades; and
``(iv) any Federal, State, or non-Federal
funding used to implement a technology or
practice described in clause (iii).
``(B) Audit.--Not later than 1 year after the date
of enactment of this subparagraph, and triennially
thereafter, the Inspector General of the Environmental
Protection Agency shall audit the information submitted
by States under subparagraph (A) for accuracy.
``(C) Failure to act.--The Administrator shall not
make a grant to a State under this Act if the State
fails to submit any information in accordance with
subparagraph (A).
``(k) Reporting Requirements.--
``(1) Office of management and budget.--
``(A) Initial report.--Not later than 180 days
after the date of enactment of this subsection, the
Director of the Office of Management and Budget shall
submit to the appropriate committees of the Senate and
the House of Representatives a report describing the
feasibility and advisability of--
``(i) combining into a single fund certain
or all funds (including formula and grant
funds) made available to each Federal agency to
carry out restoration activities relating to
the Chesapeake Bay; and
``(ii) notwithstanding any issue relating
to jurisdiction, distributing amounts from that
fund in accordance with the priority of water
quality improvement activities identified under
the Chesapeake Bay Program.
``(B) Annual report.--Not later than February 15 of
each year, the Director of the Office of Management and
Budget shall submit to the appropriate committees of
the Senate and the House of Representatives a report
containing--
``(i) an interagency crosscut budget that
displays the proposed budget for use by each
Federal agency in carrying out restoration
activities relating to the Chesapeake Bay for
the following fiscal year; and
``(ii) a detailed accounting of all funds
received and obligated by Federal and State
governments (including formula and grant funds,
such as State revolving loan funds and
agriculture conservation funds) to achieve the
objectives of the Chesapeake Bay Program during
the preceding fiscal year.
``(2) Environmental protection agency.--Not later than
April 15 of each year, the Administrator, in cooperation with
appropriate Federal agencies, as determined by the
Administrator, shall submit to the appropriate committees of
the Senate and the House of Representatives a report
containing--
``(A)(i) an estimate of the reduction in levels of
nutrients and sediments in the Chesapeake Bay and its
tributaries; and
``(ii) a comparison of each estimated reduction
under clause (i) and the appropriate annual goal
described in the implementation plan under subsection
(j)(1);
``(B) based on review by the Administrator of the
budget and implementation plans of each Federal agency,
and any tributary strategy of an appropriate State
agency--
``(i) an estimate of the reductions in
pollutants likely to occur as a result of each
program of an agency under this section during
the subsequent 1-year and 5-year periods,
including--
``(I) an analysis of the success or
failure of each program in achieving
nutrient and sediment reduction; and
``(II) an estimated timeline during
which a reduction in nutrient and
sediment pollution will occur; and
``(ii) accounting for other trend data, an
estimate of the actual reduction in the
quantities of nutrients and sediments in the
Chesapeake Bay and its tributaries from all
sources that has occurred over the preceding 1-
year and 5-year periods; and
``(C) the technical basis and reliability of each
estimate under this paragraph.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) is amended by striking subsection (l) (as redesignated by section
2) and inserting the following:
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2006 through 2010, to remain available until expended.''. | Chesapeake Bay Program Reauthorization and Environmental Accountability Act of 2005 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) complete a plan for achieving the nutrient and sediment reduction goals described in the Chesapeake 2000 Agreement; (2) publish and circulate an annual tributary health report card to evaluate progress made in achieving and maintaining nutrient and sediment reduction goals for each major tributary of the Chesapeake Bay; and (3) make annual reports to Congress on nutrient and sediment reduction in the Chesapeake Bay.
Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator annually on actions taken by such states to achieve nutrient and sediment reductions in the Chesapeake Bay.
Directs the Office of Management and Budget to report to Congress on the funding of restoration activities in the Chesapeake Bay.
Increases and extends through FY2010 the authorization of appropriations for the Chesapeake Bay Program. | A bill to amend the Federal Water Pollution Control Act to require environmental accountability and reporting and to reauthorize the Chesapeake Bay Program. |
SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN
AUXILIARY OF THE AIR FORCE.
(a) In General.--Chapter 909 of title 10, United States Code, is
amended--
(1) by redesignating section 9442 as section 9443; and
(2) by inserting after section 9441 the following new
section:
``Sec. 9442. Air Force role in management
``(a) Administrative Responsibility.--In its capacity as a
federally chartered corporation under chapter 403 of title 36 and a
volunteer civilian auxiliary of the Air Force, the Civil Air Patrol
shall be administered by the Chief of Staff of the Air Force, under the
direction of the Secretary of the Air Force. For command, control, and
administrative purposes, the Civil Air Patrol shall have such
organizational elements as are approved by the Secretary of the Air
Force in regulations.
``(b) Board of Directors.--(1) The Secretary of the Air Force shall
appoint a National Board of Directors for the Civil Air Patrol. The
National Board of Directors shall be composed of the following:
``(A) General officers of the Air Force, including the Air
Force Reserve and Air National Guard.
``(B) Senior civilian employees of the Department of the
Air Force.
``(C) Members appointed from the volunteer Civil Air Patrol
membership.
``(2) The chairman of the National Board of Directors shall be the
member of the Board who is the senior active duty Air Force officer.
The members of the Board appointed under paragraph (1)(C) may not
exceed a minority of the Board.
``(c) Executive Direction.--(1) The National Board of Directors
shall appoint for the Civil Air Patrol the following:
``(A) A National Commander, to be appointed from the
civilian volunteer membership of the Civil Air Patrol.
``(B) An Executive Director.
``(C) A Safety Officer.
``(D) An Inspector General.
``(2) The Executive Director, Safety Officer, and Inspector General
appointed under paragraph (1) shall report directly to the Secretary of
the Air Force through the National Board of Directors.
``(3) The Chief of Staff of the Air Force may assign officers and
enlisted members of the Air Force on active duty and civilian employees
of the Department of the Air Force to serve on the staff of the
national headquarters of the Civil Air Patrol.
``(d) Effect of Appointment or Assignment.--(1) The appointment or
assignment of members of the armed forces or civilian employees under
subsection (b) or (c) is not precluded by any law or regulation
prohibiting active duty members of the armed forces or civilian
employees from participating in the management of non-Federal entities.
``(2) An officer or enlisted member of the Air Force appointed to
or assigned to duty in a Civil Air Patrol management position specified
in subsection (b) or (c) shall not receive any compensation, other than
the regular military compensation to which the officer or member is
otherwise entitled, as a result of the appointment or assignment.
``(e) Use of Civil Air Patrol Members and Employees.--(1) The
Executive Director and National Board of Directors may use such Civil
Air Patrol employees and volunteer Civil Air Patrol members as the
Executive Director and National Board of Directors considers necessary
to administer the Civil Air Patrol and to ensure that it is capable of
assisting the Department of the Air Force in the performance of its
noncombat mission.
``(2) Except as provided in section 9441(c) of this title, a member
of the Civil Air Patrol or an employee of the Civil Air Patrol is not a
Federal employee and is not subject to the provisions of law relating
to Federal employment, including those relating to hours of work, rates
of compensation, leave, unemployment compensation, Federal employee
benefits, ethics, conflicts of interest, and other similar criminal or
civil statutes and regulations governing the conduct of Federal
employees. However, nothing in this paragraph shall constrain the
Secretary of the Air Force from prescribing standards of conduct and
behavior for Civil Air Patrol members and employees.
``(f) Funds Management.--All funds provided to the Civil Air Patrol
under subsections (b) and (d) of section 9441 of this title, or any
other provision of law, are subject to the requirements of sections
6304 and 6305 of title 31 (commonly known as the Federal Grant and
Cooperative Agreement Act) and the Federal regulations governing the
provision of appropriated funds to private, nonprofit organizations.
``(g) Relation to Federal Charter.--The powers granted to the Civil
Air Patrol in section 40304 of title 36, including the power to adopt a
constitution, bylaws, and regulations, are subject to the approval of
the Secretary of the Air Force under the authority granted to the
Secretary by this section and are subject to any policies, regulations,
or instructions issued by the Secretary under that authority.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 9442
and inserting the following new items:
``9442. Air Force role in management.
``9443. Assistance by other agencies.''. | Provides for the use of Patrol members and employees (not to be considered Federal employees). | To amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Schools Partnerships Act of
2010''.
SEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(j) Healthy Schools Partnerships Demonstration Program.--
``(1) Definition of eligible entity.--In this section, the
term `eligible entity' means a school food authority that
demonstrates that the school food authority has collaborated,
or will collaborate, with 1 or more local partner organizations
(including academic experts, registered dietitians or other
nutrition professionals, community partners, or non-profit
organizations) to achieve the purposes described in paragraph
(2).
``(2) Purposes.--The purposes of the demonstration project
established under this subsection are--
``(A) to assist schools in improving the
nutritional standards of school meals and the overall
school environment; and
``(B) to use local resources and expertise to
promote collaborations and develop sustainable and
replicable models for making systemic changes that
promote good nutrition and healthy living among
students.
``(3) Establishment.--The Secretary shall establish a
demonstration project under which the Secretary shall make
grants to eligible entities to fund collaborations of academic
experts, nonprofit organizations, registered dietitians or
other nutrition professionals, community partners, and local
schools to test and evaluate innovative models to improve
nutrition education, student decisionmaking, and healthy school
environments.
``(4) Application.--
``(A) In general.--An eligible entity shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Contents.--In addition to any other
requirements of the Secretary, each application shall--
``(i) identify the 1 or more problems that
the eligible entity will address;
``(ii) identify the activity that the grant
will be used to fund;
``(iii) describe the means by which the
activity will improve the health and nutrition
of the school environment;
``(iv) list the partner organizations that
will participate in the activity funded by the
grant; and
``(v) describe the metrics used to measure
success in achieving the stated goals.
``(5) Priority.--In making grants under this subsection,
the Secretary shall give priority to eligible entities that
demonstrate--
``(A) a severe need to improve the school
environment, as demonstrated by high numbers of
students receiving free or reduced price lunches, high
levels of obesity or other indicators of poor health
status, and health disparities in the community served
by the school;
``(B) a commitment by community partners to make
in-kind or cash contributions; and
``(C) the ability to measure results.
``(6) Use of funds.--An eligible entity shall use a grant
received under this subsection--
``(A) to assess the problem of childhood obesity
and poor nutrition in the school environment;
``(B) to develop an innovative plan or intervention
to address specific causes of the problem in
coordination with outside partners, including by
developing and testing innovative models to improve
student health and nutrition as measured by--
``(i) changes that result in healthier
school environments, including more nutritious
food being served in cafeterias and available a
la carte;
``(ii) increased nutrition education;
``(iii) improved ability of students to
identify healthier choices;
``(iv) changes in attitudes of students
towards healthier food;
``(v) student involvement in making school
environments healthier;
``(vi) increased access to physical
activity, physical education, and recess;
``(vii) professional development and
continuing education opportunities for school
administrators, teachers, and school nurses;
and
``(viii) changes in school policies that
promote access to healthier food and physical
activity;
``(C) to implement the plan or intervention in
partnership with outside partners;
``(D) to measure and evaluate effectiveness of the
intervention; or
``(E) to assess the sustainability and
replicability of this model.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2011 through 2015.''. | Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments.
Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment; (2) a commitment by community partners to make in-kind or cash contributions; and (3) the ability to measure results. | A bill to amend the Richard B. Russell National School Lunch Act to establish a demonstration project to promote collaborations to improve school nutrition. |
SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO
ENHANCE HOMELAND SECURITY.
(a) Establishment of Program.--The Office of Federal Procurement
Policy Act (41 U.S.C. et seq.) is amended by adding at the end the
following new section:
``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE
HOMELAND SECURITY.
``(a) Establishment of Program.--The Administrator shall establish
and promote a Governmentwide program to encourage and recognize
contractor innovation and excellence in facilitating the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack.
``(b) Issuance of Agency Announcements Seeking Innovative
Solutions.--Under the program, the Administrator, in consultation with
the Director of the Office of Homeland Security, the Associate Director
for Information Technology and E-Government of the Office of Management
and Budget, and the Secretaries of Defense, Energy, Commerce,
Transportation, and the Treasury, shall issue agency announcements
seeking unique and innovative solutions to advance the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack.
``(c) Multiagency Technical Assistance Team.--(1) The
Administrator, in consultation with the individuals described in
subsection (b), shall convene a multiagency technical assistance team
to assist in screening proposals submitted to the Administrator to
provide unique and innovative solutions to advance the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack. The team shall be
composed of employees of the participating agencies who have expertise
in scientific and technical disciplines that would facilitate the
assessment of the feasibility of the proposals.
``(2) The technical assistance team shall--
``(A) assess the feasibility, scientific and technical
merits, and estimated cost of each proposal; and
``(B) submit each proposal, and the assessment of the
proposal, to each executive agency whose mission most coincides
with the subject matter of the proposal.
``(3) The technical assistance team shall not consider or evaluate
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
``(d) Monetary Awards for Innovative Solutions.--(1) Under the
program carried out under this section, the Administrator shall provide
monetary awards in recognition of unique and innovative solutions with
the potential to significantly advance the defense of the United States
against, or recovery from, terrorism or nuclear, biological, chemical,
or radiological attack.
``(2) The Administrator shall use a competitive process to select
recipients of monetary awards under this subsection which shall include
the widely advertised solicitation (including the agency announcements
described in subsection (b)) of descriptive submissions on technology
developments and prototypes, the substance of which are not otherwise
available to the United States. The Administrator shall work with the
multiagency technical assistance team described in subsection (c) in
carrying out the competitive selection process.
``(3) An award made under this subsection may not exceed $20,000.
The total amount of awards made under this subsection in a fiscal year
may not exceed $500,000.
``(4) At least one quarter of the total amount awarded under this
subsection during a fiscal year shall be awarded to small business
concerns, within the meaning of such term as used in the Small Business
Act (15 U.S.C. 632 et seq.).''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by adding at the end the following new item:
``Sec. 40. Program to encourage innovative solutions to enhance
homeland security.''.
SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS.
(a) Pilot Program.--The Administrator of the Office of Federal
Procurement Policy shall, in consultation with the Assistant to the
President for Homeland Security, establish a pilot program under which
the Secretaries of Defense, Energy, Commerce, Transportation, and the
Treasury may--
(1) test the innovative use of streamlined acquisition
authorities and procedures authorized by law, with emphasis on
provisions authorizing the rapid acquisition of goods and
services; and
(2) test the feasibility of rapidly entering into contracts
with private entities to carry out immediate solutions to key
homeland security needs using, to the maximum extent
practicable, commercial, off-the-shelf items and commercially
available services.
(b) Use of Streamlined Acquisition Authorities.--Under the pilot
program, the head of an executive agency referred to in subsection (a)
shall, if appropriate, use streamlined acquisition authorities and
procedures authorized by law, including authorities and procedures that
are provided under the following provisions:
(1) In title III of the Federal Property and Administrative
Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 303 (41 U.S.C. 253), relating to use of
procedures other than competitive procedures under
certain circumstances (subject to subsection (e) of
such section).
(B) Section 303J (41 U.S.C. 253j), relating to
orders under task and delivery order contracts.
(2) In chapter 137 of title 10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 2304, relating to use of procedures
other than competitive procedures under certain
circumstances (subject to subsection (e) of such
section).
(B) Section 2304c, relating to orders under task
and delivery order contracts.
(3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(c)), relating to inapplicability of a requirement for
procurement notice.
(c) Waiver of Requirements.--(1) To carry out the pilot program
under this section, the head of an agency may waive--
(A) any provision of the Federal Acquisition Regulation
that is not required by statute; and
(B) any provision of the Federal Acquisition Regulation
that is required by a provision of law described in paragraph
(2), the waiver of which the head of the agency determines in
writing to be necessary to carry out the pilot program.
(2) The provisions of law referred to in paragraph (1) are as
follows:
(A) Section 18 of the Office of Federal Procurement Policy
Act (41 U.S.C. 416).
(B) Subsections (e), (f), and (g) of section 8 of the Small
Business Act (15 U.S.C. 637).
(d) Limitations.--(1) The head of an agency authorized to
participate in the pilot program may carry out not more than one
project under the program and may enter into not more than three
contracts to carry out the project.
(2) A project carried out under this section shall be approved by
the Administrator in consultation with the Assistant to the President
for Homeland Security and the multiagency technical assistance team
established under section 40(c) of the Office of Federal Procurement
Policy Act (as added by section 1).
(e) Criteria for Evaluating Results.--The head of an agency
participating in the pilot program under this section shall establish
measurable mission-related criteria for evaluating the results of a
project under the program. Such agency head shall, as soon as
practicable after the completion of the project, report to the
Administrator on the lessons learned from the project. The
Administrator shall share the results of, and reports on, all the
projects carried out under this section with the heads of other
agencies that carry out responsibilities with respect to homeland
security.
(f) Prohibition Against Discrimination Against Small Business
Concerns.--This section shall be applied in a manner that does not
discriminate against small business concerns (within the meaning of
such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or
any type of small business concern. | Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services. | To amend the Office of Federal Procurement Policy Act to establish a program to encourage and support carrying out innovative proposals to enhance homeland security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconnecting Congress with America
Act of 2011''.
SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO
FEDERAL BUDGET DEFICIT.
(a) Determination of Salaries.--The annual rate of pay for a Member
of Congress (including a Delegate or Resident Commissioner to the
Congress) for pay periods occurring in a calendar year shall be equal
to the following:
(1) If, with respect to the most recent fiscal year ending
before that calendar year, the Federal deficit was equal to or
greater than 3 percent of the gross domestic product, 80% of
the base rate applicable to the Member.
(2) If, with respect to the most recent fiscal year ending
before that calendar year, the Federal deficit was less than 3
percent of the gross domestic product, 90% of the base rate
applicable to the Member.
(3) If, with respect to the most recent fiscal year ending
before that calendar year, there was no Federal deficit, 100%
of the base rate applicable to the Member.
(b) Federal Deficit.--
(1) Definition.--For purposes of this section, the term
``Federal deficit'' means, with respect to a fiscal year, the
amount by which outlays of the Federal Government exceeded
receipts of the Government for that fiscal year.
(2) Report by secretary of the treasury.--Not later than 30
days after the end of each fiscal year (beginning with fiscal
year 2011), the Secretary of the Treasury shall--
(A) make a determination of the gross domestic
product for that fiscal year;
(B) make a determination of whether a Federal
deficit existed with respect to that fiscal year, and,
if so, the amount of such Federal deficit; and
(C) submit a report of such determinations to
Congress.
(c) Base Rate.--For purposes of this section, the ``base rate''
applicable to a Member of Congress means--
(1) in the case of the Speaker of the House of
Representatives, $223,500;
(2) in the case of the President pro tempore of the Senate,
the majority leader and the minority leader of the Senate, and
the majority leader and the minority leader of the House of
Representatives, $193,400; and
(3) in the case of any other Member of Congress, $174,000.
(d) Conforming Amendment.--Section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
(e) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall apply with respect to pay periods occurring
on or after January 1, 2013.
(2) Sense of congress regarding voluntary return of
salary.--It is the sense of Congress that, during pay periods
occurring after the date of enactment of this Act and prior to
the date referred to in paragraph (1), each Member of Congress
should voluntarily adjust the amount of the Member's salary to
reflect the annual rates of pay that will take effect on such
date.
SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS.
(a) Civil Service Retirement System.--
(1) Member contribution.--Notwithstanding any provision of
subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5,
United States Code, for any period beginning on or after date
of enactment of this Act, the contributions payable by a Member
of Congress under such provision for such period shall be equal
to the percentage that would otherwise apply plus 4.9
percentage points.
(2) Government contribution.--Notwithstanding any provision
of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such
title, for any period beginning on or after date of enactment
of this Act, the contributions payable under such provision for
a Member of Congress shall be equal to the percentage that
would otherwise apply minus 4.9 percentage points.
(b) Federal Employees' Retirement System.--
(1) Member contribution.--Notwithstanding any provision of
section 8422(a) of title 5, United States Code, for any period
beginning on or after date of enactment of this Act, the
contributions payable by a Member of Congress under such
provision for such period shall be equal to the percentage that
would otherwise apply plus 4.9 percentage points.
(2) Government contribution.--Notwithstanding any provision
of section 8423 of such title, for any period beginning on or
after date of enactment of this Act, the contributions payable
under such provision for a Member of Congress shall be equal to
the percentage that would otherwise apply (disregarding
paragraph (1)) minus 4.9 percentage points.
SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON
NONPUBLIC INFORMATION RELATING TO CONGRESS.
(a) Nonpublic Information Relating to Congress and Other Federal
Employees.--
(1) Commodities transactions.--Section 4c of the Commodity
Exchange Act (7 U.S.C. 6c) is amended by adding at the end the
following:
``(h) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling any commodity
for future delivery or swap while such person is in possession of
material nonpublic information, as defined by the Commission, relating
to any pending or prospective legislative action relating to such
commodity if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(i) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling any commodity for
future delivery or swap while such person is in possession of
material nonpublic information derived from Federal employment
and relating to such commodity if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
(2) Securities transactions.--Section 10 of the Securities
Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at
the end the following:
``(d) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling the securities
or security based swaps of any issuer while such person is in
possession of material nonpublic information, as defined by the
Commission, relating to any pending or prospective legislative action
relating to such issuer if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(e) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling the securities or
security based swaps of any issuer while such person is in
possession of material nonpublic information derived from
Federal employment and relating to such issuer if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
(b) Committee Hearings on Implementation.--
(1) In general.--The Committee on Agriculture of the House
of Representatives shall hold a hearing on the implementation
by the Commodity Futures Trading Commission of subsections (h)
and (i) of section 4c of the Commodity Exchange Act (as added
by subsection (a)), and the Committee on Financial Services of
the House of Representatives shall hold a hearing on the
implementation by the Securities Exchange Commission of
subsections (d) and (e) of section 10 of the Securities
Exchange Act of 1934 (as added by subsection (a)).
(2) Exercise of rulemaking authority.--Paragraph (1) is
enacted--
(A) as an exercise of the rulemaking power of the
House of Representatives and, as such, shall be
considered as part of the rules of the House, and such
rules shall supersede any other rule of the House only
to the extent that rule is inconsistent therewith; and
(B) with full recognition of the constitutional
right of the House to change such rules (so far as
relating to the procedure in the House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of the House.
SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS.
It is the sense of Congress that any law enacted by Congress should
apply to Members of Congress in the same manner and to the same extent
as the law applies to other individuals. | Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit.
Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress.
Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS).
Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase.
Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment.
Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals. | To reduce the salaries of Members of Congress if a Federal budget deficit exists, prohibit commodities and securities trading based on non-public information relating to Congress, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2015''.
SEC. 2. ALLOCATIONS.
(a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent''
and inserting ``58.012 percent''.
(b) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``For each'' and all that
follows through ``the balance'' and inserting
``For each fiscal year through fiscal year
2020, the balance''; and
(ii) by striking ``multistate conservation
grants under section 14'' and inserting
``activities under section 14(e)'';
(B) in paragraph (1) by striking ``18.5'' percent
and inserting ``18.673 percent'';
(C) in paragraph (2) by striking ``18.5 percent''
and inserting ``17.315 percent'';
(D) by striking paragraphs (3) and (4);
(E) by redesignating paragraph (5) as paragraph
(4); and
(F) by inserting after paragraph (2) the following:
``(3) Boating infrastructure improvement.--
``(A) In general.--An amount equal to 4 percent to
the Secretary of the Interior for qualified projects
under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note) and section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).
``(B) Limitation.--Not more than 75 percent of the
amount under subparagraph (A) shall be available for
projects under either of the sections referred to in
subparagraph (A).'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``for
each'' and all that follows through ``the
Secretary'' and inserting ``for each fiscal
year through fiscal year 2020, the Secretary'';
and
(ii) in subparagraph (B)--
(I) in clause (i) by striking
``each of fiscal years 2001 and 2002,
$9,000,000;'' and inserting ``fiscal
year 2016, $11,000,000;'';
(II) in clause (ii) by striking
``2003, $8,212,000; and'' and inserting
``2017, $11,300,000;''; and
(III) by striking clause (iii) and
inserting the following:
``(iii) for fiscal year 2018, $11,600,000;
``(iv) for fiscal year 2019, $11,800,000;
and
``(v) for fiscal year 2020, $11,900,000.'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Set-aside for coast guard administration.--
``(A) In general.--From the annual appropriation
made in accordance with section 3, for each of fiscal
years 2016 through 2020, the Secretary of the
department in which the Coast Guard is operating may
use no more than the amount specified in subparagraph
(B) for the fiscal year for the purposes set forth in
section 13107(c) of title 46, United States Code. The
amount specified in subparagraph (B) for a fiscal year
may not be included in the amount of the annual
appropriation distributed under subsection (a) for the
fiscal year.
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for fiscal year 2016, $7,800,000;
``(ii) for fiscal year 2017, $7,900,000;
``(iii) for fiscal year 2018, $8,000,000;
``(iv) for fiscal year 2019, $8,100,000;
and
``(v) for fiscal year 2020, $8,200,000.'';
and
(D) in paragraph (3), as so redesignated--
(i) in subparagraph (A) by striking ``until
the end of the fiscal year.'' and inserting
``until the end of the subsequent fiscal
year.''; and
(ii) in subparagraph (B) by striking
``under subsection (e)'' and inserting ``under
subsection (c)'';
(3) in subsection (c)--
(A) by striking ``(c) The Secretary'' and inserting
``(c)(1) The Secretary,'';
(B) by striking ``grants under section 14 of this
title'' and inserting ``activities under section
14(e)'';
(C) by striking ``57 percent'' and inserting
``58.012 percent''; and
(D) by adding at the end the following:
``(2) The Secretary shall deduct from the amount to be apportioned
under paragraph (1) the amounts used for grants under section 14(a).'';
and
(4) in subsection (e)(1) by striking ``those subsections,''
and inserting ``those paragraphs,''.
(c) Submission and Approval of Plans and Projects.--Section 6(d) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is
amended by striking ``for appropriations'' and inserting ``from
appropriations''.
(d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is
amended by striking ``57 percent'' and inserting ``58.012 percent''.
(e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777k) is amended--
(1) by striking ``57 percent'' and inserting ``58.012
percent''; and
(2) by striking ``under section 4(b)'' and inserting
``under section 4(c)''.
(f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m) is amended--
(1) in subsection (a)(1) by striking ``of each annual
appropriation made in accordance with section 3''; and
(2) in subsection (e)--
(A) in the matter preceding paragraph (1) by
striking ``Of amounts made available under section 4(b)
for each fiscal year--'' and inserting ``Not more than
$1,200,000 of each annual appropriation made in
accordance with the provisions of section 3 shall be
distributed to the Secretary of the Interior for use as
follows:''; and
(B) in paragraph (1)(D) by striking ``; and'' and
inserting a period.
(g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.) is amended--
(1) by striking section 15; and
(2) by redesignating section 16 as section 15.
SEC. 3. RECREATIONAL BOATING SAFETY.
Section 13107 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(1) Subject to paragraph (2) and
subsection (c),'' and inserting ``Subject to subsection
(c),'';
(B) by striking ``the sum of (A) the amount made
available from the Boat Safety Account for that fiscal
year under section 15 of the Dingell-Johnson Sport Fish
Restoration Act and (B)''; and
(C) by striking paragraph (2); and
(2) in subsection (c)--
(A) by striking the subsection designation and
paragraph (1) and inserting the following:
``(c)(1)(A) The Secretary may use amounts made available each
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the
Coast Guard for investigations, personnel, and activities directly
related to--
``(i) administering State recreational boating safety
programs under this chapter; or
``(ii) coordinating or carrying out the national
recreational boating safety program under this title.
``(B) Of the amounts used by the Secretary each fiscal year under
subparagraph (A)--
``(i) not less than $2,500,000 is available to ensure
compliance with chapter 43 of this title; and
``(ii) not more than $1,500,000 is available to conduct a
survey, not more than once every 3 years, of levels of
recreational boating participation and related matters in the
United States.''; and
(B) in paragraph (2)--
(i) by striking ``No funds'' and inserting
``On and after October 1, 2015, no funds''; and
(ii) by striking ``traditionally''.
SEC. 4. ANNUAL ASSESSMENT.
(a) In General.--On the date on which the President submits to
Congress a budget for fiscal year 2017 and for each fiscal year
thereafter, the Director of the United States Fish and Wildlife Service
shall submit to Congress an assessment of the administrative services
provided by such Service under the Dingell-Johnson Sport Fish
Restoration Act to the States and the sportfishing community.
(b) Contents.--Each assessment under subsection (a) shall include
the following:
(1) The percentage of grant awards and amendments completed
within 45 days after receipt of a complete grant application,
the average number of days to process new grant applications,
and the average number of days to process grant amendment
requests.
(2) Which wildlife and sport fish restoration policies are
currently being updated, the start time for each update, and
the anticipated completion time for each update.
(3) The number of Federal assistance workshops held with
States and such Service in efforts to communicate fiscal
policies and procedures to State agencies.
(4) The average time to respond to requests from States for
assistance, based on initial notification or assistance
requests initiated by a State.
(5) The number of States with unresolved reconciliation of
land records and the number of corrective action plans with
open actions.
(6) The number of employees of such Service with grants
management training and the number of such employees with
outstanding training requirements, and the number of State fish
and wildlife staff who have received training through the
Wildlife and Sport Fish Restoration Fund Program of such
Service.
(7) The number of full-time positions of such Service
filled and vacant, including the associated position titles and
paygrades, that contribute to grant processing and related
grant management in each Service region and at Service
headquarters. | Sport Fish Restoration and Recreational Boating Safety Act of 2015 This bill amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2020 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. The bill also revises amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure. A separate amount is set aside each fiscal year through FY2020 for the Coast Guard's administration of the national recreational boating safety program. When the President submits a budget for FY2017 and each fiscal year thereafter, the U.S. Fish and Wildlife Service must submit an assessment of the administrative services it provides under the Act to states and the sportfishing community. | Sport Fish Restoration and Recreational Boating Safety Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Mental Health
Infrastructure Improvements Act''.
SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT.
Title V of the Public Health Service Act (42 U.S.C. 280g et seq.)
is amended by adding at the end the following:
``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS
``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE
IMPROVEMENTS.
``(a) Grants Authorized.--The Secretary may award grants to
eligible entities to expend funds for the construction or modernization
of facilities used to provide mental health and behavioral health
services to individuals.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means--
``(1) a State that is the recipient of a Community Mental
Health Services Block Grant under subpart I of part B of title
XIX and a Substance Abuse Prevention and Treatment Block Grant
under subpart II of such part; or
``(2) an Indian tribe or a tribal organization (as such
terms are defined in sections 4(b) and 4(c) of the Indian Self-
Determination and Education Assistance Act).
``(c) Application.--A eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing--
``(1) a plan for the construction or modernization of
facilities used to provide mental health and behavioral health
services to individuals that--
``(A) designates a single State or tribal agency as
the sole agency for the supervision and administration
of the grant;
``(B) contains satisfactory evidence that such
agency so designated will have the authority to carry
out the plan;
``(C) provides for the designation of an advisory
council, which shall include representatives of
nongovernmental organizations or groups, and of the
relevant State or tribal agencies, that aided in the
development of the plan and that will implement and
monitor any grant awarded to the eligible entity under
this section;
``(D) in the case of an eligible entity that is a
State, includes a copy of the State plan under section
1912(b) and section 1932(b);
``(E)(i) includes a listing of the projects to be
funded by the grant; and
``(ii) in the case of an eligible entity that is a
State, explains how each listed project helps the State
in accomplishing its goals and objectives under the
Community Mental Health Services Block Grant under
subpart I of part B of title XIX and the Substance
Abuse Prevention and Treatment Block Grant under
subpart II of such part;
``(F) includes assurances that the facilities will
be used for a period of not less than 10 years for the
provision of community-based mental health or substance
abuse services for those who cannot pay for such
services, subject to subsection (e); and
``(G) in the case of a facility that is not a
public facility, includes the name and executive
director of the entity who will provide services in the
facility; and
``(2) with respect to each construction or modernization
project described in the application--
``(A) a description of the site for the project;
``(B) plans and specifications for the project and
State or tribal approval for the plans and
specifications;
``(C) assurance that the title for the site is or
will be vested with either the public entity or private
nonprofit entity who will provide the services in the
facility;
``(D) assurance that adequate financial resources
will be available for the construction or major
rehabilitation of the project and for the maintenance
and operation of the facility;
``(E) estimates of the cost of the project; and
``(F) the estimated length of time for completion
of the project.
``(d) Subgrants by States.--
``(1) In general.--A State that receives a grant under this
section may award a subgrant to a qualified community program
(as such term is used in section 1913(b)(1)).
``(2) Use of funds.--Subgrants awarded pursuant to
paragraph (1) may be used for activities such as--
``(A) the construction, expansion, and
modernization of facilities used to provide mental and
behavioral health services to individuals;
``(B) acquiring and leasing facilities and
equipment (including paying the costs of amortizing the
principal of, and paying the interest on, loans for
such facilities and equipment) to support or further
the operation of the subgrantee; and
``(C) the construction and structural modification
(including equipment acquisition) of facilities to
permit the integrated delivery of behavioral health and
primary care of specialty medical services to
individuals with co-occurring mental illnesses and
chronic medical or surgical diseases at a single
service site.
``(e) Request To Transfer Obligation.--An eligible entity that
receives a grant under this section may submit a request to the
Secretary for permission to transfer the 10-year obligation of facility
use, as described in subsection (c)(1)(F), to another facility.
``(f) Agreement to Federal Share.--As a condition of receipt of a
grant under this section, an eligible entity shall agree, with respect
to the costs to be incurred by the entity in carrying out the
activities for which such grant is awarded, that the entity will make
available non-Federal contributions (which may include State or local
funds, or funds from the qualified community program) in an amount
equal to not less than $1 for every $1 of Federal funds provided under
the grant.
``(g) Reporting.--
``(1) Reporting by states.--During the 10-year period
referred to in subsection (c)(1)(F), the Secretary shall
require that a State that receives a grant under this section
submit, as part of the report of the State required under the
Community Mental Health Services Block Grant under subpart I of
part B of title XIX and the Substance Abuse Prevention and
Treatment Block Grant under subpart II of such part, a
description of the progress on--
``(A) the projects carried out pursuant to the
grant under this section; and
``(B) the assurances that the facilities involved
continue to be used for the purpose for which they were
funded under such grant during such 10-year period.
``(2) Reporting by indian tribes and tribal
organizations.--The Secretary shall establish reporting
requirements for Indian tribes and tribal organizations that
receive a grant under this section. Such reporting requirements
shall include that such Indian tribe or tribal organization
provide a description of the progress on--
``(A) the projects carried out pursuant to the
grant under this section; and
``(B) the assurances that the facilities involved
continue to be used for the purpose for which they were
funded under such grant during the 10-year period
referred to in subsection (c)(1)(F).
``(h) Failure To Meet Obligations.--
``(1) In general.--If an eligible entity that receives a
grant under this section fails to meet any of the obligations
of the entity required under this section, the Secretary shall
take appropriate steps, which may include--
``(A) requiring that the entity return the unused
portion of the funds awarded under this section for the
projects that are incomplete; and
``(B) extending the length of time that the entity
must ensure that the facility involved is used for the
purposes for which it is intended, as described in
subsection (c)(1)(F).
``(2) Hearing.--Prior to requesting the return of the funds
under paragraph (1)(B), the Secretary shall provide the entity
notice and opportunity for a hearing.
``(i) Collaboration.--The Secretary may establish intergovernmental
and interdepartmental memorandums of agreement as necessary to carry
out this section.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal year 2008
and such sums as may be necessary for each of fiscal years 2009 through
2012.''. | Community-Based Mental Health Infrastructure Improvements Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to eligible entities for the construction or modernization of facilities to provide mental health and behavioral health services to individuals. Defines an "eligible entity" as: (1) a state that is the recipient of a Community Mental Health Services Block Grant and a Substance Abuse Prevention and Treatment Block Grant under such Act; or (2) an Indian tribe or a tribal organization.
Includes among grant application requirements assurances that facilities will be used for not less than 10 years for community-based mental health or substance abuse services for those who cannot pay for such services. Permits a grant recipient to request permission to transfer such 10-year obligation to another facility.
Authorizes a state that receives a grant to award a subgrant to a qualified community program for activities such as: (1) the construction, expansion, and modernization of mental and behavioral health facilities; and (2) the construction and structural modification of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site.
Requires a grant recipient to agree to make available nonfederal contributions matching federal funds provided. | A bill to amend the Public Health Service Act to provide grants for community-based mental health infrastructure improvement. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Service for Schools Act of 2015''.
SEC. 2. SERVICE FOR SCHOOLS.
Subtitle H of title I of the National and Community Service Act of
1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the
following:
``PART VI--NATIONAL SERVICE FOR SCHOOLS
``SEC. 198T. SERVICE OPPORTUNITY REGISTRY.
``(a) Definitions.--
``(1) Eligible service opportunity.--The term `eligible
service opportunity' means a national service opportunity--
``(A) that achieves purposes specified in section
2(b), including meeting an unmet human, educational,
environmental, or public safety need of the United
States, without displacing existing (as of the first
date of the opportunity) workers, as determined by the
Chief Executive Officer; and
``(B) for which--
``(i) a participant may receive
compensation but, except as provided in clauses
(ii) and (iii), the total compensation, in the
aggregate, shall not exceed the product of--
``(I) $10.00 per hour; and
``(II) the number of the qualifying
hours of service involved;
``(ii) a participant may receive total
compensation that exceeds the product described
in clause (i), if the excess is subtracted from
the amount of the participant's corresponding
award under subsection (d); and
``(iii) a participant in a professional
corps program described in section
122(c)(1)(D), who is in engaged in a service
opportunity that meets human, educational,
environmental, or public safety needs in a
high-need community with an inadequate number
of such professionals, as determined by the
Chief Executive Officer, may receive
compensation without regard to clauses (i) and
(ii).
``(2) Eligible student.--The term `eligible student' means
an individual who--
``(A) completed 2000 qualifying hours of service
when the individual was a qualified student, which
hours are recorded by a State Commission under
subsection (c); and
``(B) is not older than age 35.
``(3) Qualified student.--The term `qualified student'
means an individual who is not younger than age 12 or older
than age 30.
``(4) Qualifying hour of service.--The term `qualifying
hour of service' means an hour of service performed for an
eligible service opportunity and for which the participant did
not receive a payment under part C of title IV of the Higher
Education Act of 1965 (42 U.S.C. 2751 et seq.).
``(b) Registry.--
``(1) In general.--The Corporation shall establish and
carry out directly, in partnership with a nonprofit
organization or State Commission or through a grant or subgrant
to a nonprofit organization or State Commission, activities
concerning a Service Opportunity Registry (referred to in this
section as the `Registry'), which shall list eligible service
opportunities and the registered organizations offering the
opportunities.
``(2) Application.--To be eligible to be registered in the
Registry, an organization that offers an eligible service
opportunity shall submit an application to the Corporation at
such time, in such manner, and containing such information as
the Corporation may require.
``(3) Registry information.--On receipt of an application
that meets the requirements of paragraph (2) from an
organization that the Chief Executive Officer determines offers
an eligible service opportunity, the Corporation shall register
the organization by listing in the Registry--
``(A) the names and contact information for the
organization; and
``(B) a description of the eligible service
opportunity.
``(4) Web site.--The Corporation shall make the Registry
available to the public through a National Service for Schools
Web site.
``(5) Re-registration.--Not less often than every 2 years,
a listed organization that offers an eligible service
opportunity shall re-apply for listing in the Registry.
``(c) Service.--
``(1) Application.--To be eligible to participate in and
receive credit for service in service opportunities listed in
the Registry, a qualified student shall submit an application
to the student's State Commission, at such time, in such
manner, and containing the qualified student's name, the
qualified student's contact information, and such other
information as the Corporation, after consultation with the
State Commissions, may require.
``(2) Designation.--In order for students in a State to
participate in and receive credit for that service, the State
Commission shall participate in the program carried out under
this part. On receipt of an application that meets the
requirements of paragraph (1) from a qualified student, the
State Commission shall designate the qualified student as
eligible to so participate and receive such credit.
``(3) Contact.--A qualified student who wishes to
participate in a service opportunity listed in the Registry
shall contact and make arrangements with the organization
providing the opportunity.
``(4) Record of service.--
``(A) Organization.--The organization shall record
the qualifying hours of service completed by each
qualified student who participates in an eligible
service opportunity with the organization.
``(B) State commission.--The organization shall,
not less often than annually, notify the appropriate
State Commission of the number of qualifying hours of
service completed by each qualified student on an
eligible service opportunity with the organization
since the last notification. The State Commission shall
record the qualifying hours of service in a record for
the qualified student. The State Commission shall make
the record available to the Corporation on request.
``(5) Transfer of application and record.--At the request
of a qualified student, a State Commission shall transfer to
another State Commission the qualified student's application
for service under paragraph (1) and record of hours of service
under paragraph (4)(B).
``(6) Effect of erroneous certifications.--If the State
Commission or the Corporation determines that the
organization's record of service under paragraph (4) is
erroneous due to a willful act of the organization or is
incorrect, and the Corporation makes any associated payment
from the National Service Trust due to the erroneous or
incorrect record of service, the Corporation may assess against
the organization a charge for the amount of the payment. In
assessing the amount of the charge, the Corporation shall
consider the full facts and circumstances surrounding the
erroneous or incorrect recording of hours.
``(d) Awards.--
``(1) In general.--Subject to appropriations, an eligible
student shall receive an award of $10,000 from the National
Service for Schools Account, established in section 145A, to be
used as described in subsection (f), except that--
``(A) the eligible student may not receive more
than 4 of such awards; and
``(B) the eligible student may not receive both an
award under this section and a national service
educational award for the same hours of service.
``(2) Application.--An eligible student seeking such an
award shall submit an application to the Corporation at such
time, in such manner, and containing such information as the
Corporation may require.
``(e) Credit of Hours of Service for National Service
Participants.--A participant who is eligible to receive a national
service educational award from the National Service Trust under section
146 may opt to use the hours certified under section 146A towards an
award under subsection (d). The Corporation shall establish a process
allowing such participants to elect to use their hours certified under
section 146A towards that award instead of towards a national service
educational award.
``(f) Use of Funds.--
``(1) In general.--Award funds provided under this section
shall be available--
``(A) to repay eligible student loans in accordance
with section 148(b); and
``(B) to pay all or part of the cost of attendance
or other educational expenses at an institution of
higher education in accordance with section 148(c).
``(2) Application.--For purposes of the application of
subsections (b) and (c) of section 148 under paragraph (1), a
reference in those subsections--
``(A) to a national service educational award shall
be considered to be a reference to an award under this
section;
``(B) to an eligible individual shall be considered
to be a reference to an eligible student who has met
the requirements for an award under this section;
``(C) to the National Service Trust shall be
considered to be a reference to the National Service
for Schools Account established in section 145A;
``(D) to a position shall be considered to be a
reference to activities under this section; and
``(E) to a term of service shall be considered to
be a term of service under this section.
``(g) National Service for Schools Account.--
``(1) Investment.--The Secretary of the Treasury shall
invest in full the amounts appropriated under subsection
(i)(1)(B) to the National Service for Schools Account in
section 145A. Except as otherwise provided in this section, the
only provisions of subtitle D relating to funds in the National
Service Trust that apply to amounts in the Account shall be
section 145(b) and subsections (b) and (c) of section 148.
``(2) Obligations for awards.--Notwithstanding section 149,
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.),
subchapter III of chapter 13 of title 31, United States Code,
and any other Federal law, the Corporation shall not record an
obligation for an award under this section until such time as
the Corporation approves the corresponding application under
subsection (d)(2).
``(h) Annual Estimates.--Not later than January 31 of each fiscal
year, the Corporation and the Director of the Congressional Budget
Office shall jointly--
``(1) estimate the amount necessary to make award payments
under subsection (d) in the next fiscal year; and
``(2) submit a report containing the estimate to the
Committee on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate.
``(i) Appropriations.--
``(1) In general.--There is authorized to be appropriated
for a fiscal year--
``(A) such sums as may be necessary to carry out
the Registry under this section; and
``(B) such sums as may be necessary for the
National Service for Students Account, to make award
payments under subsection (d).
``(2) Insufficient appropriations.--If, for any fiscal
year, the funds appropriated for award payments under this part
are insufficient to make all the awards for which applications
are submitted and approved under subsection (d)(2), the
Corporation shall promptly transmit a notice of such
insufficiency to each House of Congress, and identify in such
notice the additional amount that would be required to be
appropriated to make all such awards.''.
SEC. 3. ESTABLISHMENT OF THE NATIONAL SERVICE FOR SCHOOLS ACCOUNT.
Subtitle D of title I of the National and Community Service Act of
1990 is amended by inserting after section 145 (42 U.S.C. 12601) the
following:
``SEC. 145A. NATIONAL SERVICE FOR SCHOOLS ACCOUNT.
``(a) Establishment.--There is established in the National Service
Trust a National Service for Schools Account.
``(b) Amounts in the Account.--The Account shall consist of--
``(1) the amounts appropriated under section 198T(i)(1)(B);
``(2) any amounts received by the Corporation as gifts,
bequests, devises, or otherwise pursuant to section 196(a)(2),
if the terms of such donations direct that the donated amounts
be deposited in the Account; and
``(3) the interest on, and proceeds from the sale or
redemption of, any obligations held by the Account.
``(c) Administration.--The Account shall be administered as
described in section 198T.''. | Service for Schools Act of 2015 This bill amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the National Service for Schools Program to carry out activities concerning a Service Opportunity Registry that shall list eligible service opportunities and the registered organizations that offer them. Upon receiving an application from an organization that offers an eligible service opportunity, the Corporation shall register it in a specified manner, including a description of the eligible service opportunity in the Registry. To be eligible to participate in and receive credit for service in a service opportunity listed in the Registry, qualified students must apply to their participating State Commission on National and Community Service. Each organization shall: record the qualifying hours of service completed by each qualified student who participates in a service opportunity; and notify the appropriate State Commission at least annually of the number of qualifying hours of service completed by each qualified student on a service opportunity. Eligible students shall receive an award of $10,000 from the National Services for Schools Account (established by this bill) for use to: repay eligible student loans, or pay all or part of the cost of attendance or other educational expenses at an institution of higher education. | Service for Schools Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Corporate Governance
Through Diversity Act of 2017''.
SEC. 2. SUBMISSION OF DATA RELATING TO DIVERSITY BY CERTAIN
CONTRACTORS.
(a) In General.--Chapter 47 of subtitle I of title 41, United
States Code, is amended by adding at the end the following new section:
``Sec. 4713. Submission of data relating to diversity by certain
contractors.
``(a) Submission of Data.--In the case of the award of a contract
in an amount of $5,000,000 or more to a covered contractor, the head of
an executive agency shall require the contractor to submit, not later
than 60 days after the award of the contract, the following:
``(1) Data on the racial, ethnic, and gender composition of
the board of directors and the C-level executives of the
covered contractor.
``(2) Data on the affiliation of any member of the board of
directors or any C-level executive to a historically
underrepresented group, including veterans of the Armed Forces
and individuals with disabilities.
``(3) Any plan or strategy that exists on the date of the
submission of data under this subsection to improve the
diversity of the board of directors or the C-level executives
of the covered contractor.
``(b) Reports.--
``(1) Quarterly report to general services
administration.--After the end of a calendar quarter, each
executive agency shall submit to the Administrator of General
Services a report that includes the data submitted by
contractors under subsection (a) during the quarter covered.
``(2) Annual report to congress and offices of minority and
women inclusion.--
``(A) In general.--Not later than February 14 of
each calendar year, the Administrator of General
Services shall submit to Congress and each Office of
Minority and Women Inclusion established under section
342 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5452) an annual report that--
``(i) includes the data submitted to the
Administrator under paragraph (1) during the
preceding calendar year and the data submitted
under section 13(s) of the Securities Exchange
Act of 1934;
``(ii) uses the data described in clause
(i), as well as information from other reliable
sources, to analyze the diversity of the board
of directors and the C-level executives of each
entity submitting data in comparison to the
industry peers of such entity, including any
trends and progress related to such diversity;
and
``(iii) based on the analysis conducted
under clause (ii), lists each entity submitting
data that is significantly lagging behind the
industry peers of such entity with respect to
the diversity of the board of directors and the
C-level executives.
``(B) Public availability.--The Administrator of
General Services shall make publicly available each
annual report submitted under subparagraph (A).
``(c) Public Comment.--After the end of the four-year period
beginning on the date of the enactment of this section, and every four
years thereafter, the Administrator of General Services shall review
the implementation of the requirements of this section and provide an
opportunity for public comment on such review.
``(d) Definitions.--In this section:
``(1) Covered contractor.--The term `covered contractor'
means a for-profit business with annual gross receipts in
excess of $1,000,000,000 during the year preceding the
submission of a bid or proposal for a contract described in
subsection (a).
``(2) C-level executive.--The term `C-level executive'
means the most senior executive officer, information officer,
technology officer, financial officer, compliance officer, or
security officer of a covered contractor.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of such title is amended by inserting after the item
relating to section 4712 the following new item:
``4713. Submission of data relating to diversity by certain
contractors.''.
SEC. 3. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Submission of data.--Each issuer required to file an
annual report under subsection (a) shall disclose in that
report, the following:
``(A) Data on the racial, ethnic, and gender
composition of the board of directors and the C-level
executives of the issuer.
``(B) Data on the affiliation of any member of the
board of directors or any C-level executive of the
issuer to a historically underrepresented group,
including veterans of the Armed Forces and individuals
with disabilities.
``(C) Any plan or strategy that exists on the date
of the submission of data under this paragraph to
improve the diversity of the board of directors or the
C-level executives of the issuer.
``(2) C-level executive defined.--In this subsection, the
term `C-level executive' means the most senior executive
officer, information officer, technology officer, financial
officer, compliance officer, or security officer of an
issuer.''.
(b) Corporate Governance Regulations.--Not later than 90 days after
the date of the enactment of this Act, the Securities and Exchange
Commission shall revise paragraph (v) of section 229.407(c)(2) of title
17, Code of Federal Regulations, to require that when the description
described in such paragraph is presented in a proxy or information
statement relating to the election of directors, the qualities and
skills described in such paragraph, along with the nominee's gender,
race, ethnicity, and affiliation with a historically underrepresented
group should be presented in a chart or matrix form. | Improving Corporate Governance Through Diversity Act of 2017 This bill directs executive agencies to require any covered contractor (a for-profit business with gross receipts exceeding $1 billion for the previous year) awarded a contract of $5 million or more to submit, within 60 days: data on the racial, ethnic, and gender composition of such contractor's board of directors and senior executives; data on the affiliation of any such board member or executive to a historically underrepresented group, including veterans and individuals with disabilities; and any plan or strategy to improve the diversity of such board members or executives. Each agency shall submit quarterly reports on such data to the General Services Administration, which shall report to Congress annually on the diversity of such contractor boards and executives. The Securities Exchange Act of 1934 is amended to require each issuer of a registered security to disclose such data, plan, and strategy in its required annual report. The Securities and Exchange Commission must revise corporate governance regulations to require that when the description is presented in a proxy or information statement relating to the election of directors, the nominee's qualities and skills, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group, are presented in a chart or matrix form. | Improving Corporate Governance Through Diversity Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year (or,
if applicable, for each fiscal year in a biennium) does not become law
before the beginning of such fiscal year or a joint resolution making
continuing appropriations is not in effect, there are appropriated, out
of any money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, such sums
as may be necessary to continue any project or activity for which funds
were provided in the preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year;
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year;
``(C) the rate of operations provided for in the regular
appropriation bill as passed by the House of Representatives or
the Senate for the fiscal year in question, except that the
lower of these two versions shall be ignored for any project or
activity for which there is a budget request if no funding is
provided for that project or activity in either version; or
``(D) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, Food and Drug
Administration, and related agencies programs.
``(2) The Departments of Commerce, Justice, Science, and
related agencies.
``(3) The Department of Defense.
``(4) Energy and water development, and related agencies.
``(5) Financial services and general government.
``(6) The Department of Homeland Security.
``(7) The Department of Interior, environment, and related
agencies.
``(8) The Department of Labor, Health and Human Services,
and Education, and related agencies.
``(9) The legislative branch.
``(10) Military construction and veterans affairs.
``(11) The Department of State, foreign operations, and
related programs.
``(12) The Transportation, Housing and Urban Development,
and related agencies.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''. | Government Shutdown Prevention Act - Provides for automatic continuing appropriations if any regular appropriation for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect.
Appropriates amounts necessary to continue any project or activity for which funds were provided in the preceding fiscal year: (1) in the corresponding regular appropriation Act for such preceding fiscal year; or (2) if such legislation did not become law, then in the joint resolution making continuing appropriations for such preceding fiscal year.
Requires the appropriations and funds made available, and authority granted, for any fiscal year for a project or activity to be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of: (1) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of such fiscal year. | A bill to prevent Government shutdowns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biennial Commission on Energy Policy
Act of 2013''.
SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT.
(a) In General.--Title VIII of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended by striking sections 801
and 802 and inserting the following new sections:
``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY.
``(a) Establishment.--There is established a commission to be known
as the `Biennial Commission on Energy Policy' (in this title referred
to as the `Commission').
``(b) Membership.--
``(1) Number and appointment.--The Commission shall be
composed of 15 members appointed in the following manner--
``(A) The President shall appoint 3 members.
``(B) The Speaker of the House of Representatives
shall appoint 3 members.
``(C) The minority leader of the House of
Representatives shall appoint 3 members.
``(D) The majority leader of the Senate shall
appoint 3 members.
``(E) The minority leader of the Senate shall
appoint 3 members.
``(2) Deadline for appointment.--Members of the Commission
shall be appointed not later 30 days after the first day of the
first session of the 114th Congress.
``(3) Terms.--Members shall be appointed for a term of 2
years.
``(4) Consultation.--The President and Members of Congress
specified in paragraph (1) shall consult with each other before
appointing members to the Commission to achieve, to the maximum
extent practicable, a diversity of experience and expertise in
the membership of the Commission.
``(5) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. A member appointed to
fill a vacancy occurring before the expiration of the term for
which such member's predecessor was appointed shall be
appointed for the remainder of that term.
``(6) Qualifications.--Each member appointed to the
Commission shall have professional experience in 1 or more of
the following areas:
``(A) Governmental service.
``(B) Energy production.
``(C) Renewable energy resource development.
``(D) Energy law.
``(E) Public administration.
``(F) Fossil fuel production.
``(G) Energy efficiency.
``(H) Environmental policy.
``(I) Labor.
``(J) Workplace safety.
``(K) Commerce and trade.
``(L) Corporate policies.
``(M) Infrastructure.
``(N) Foreign affairs.
``(7) Political affiliation.--Not more than 8 members of
the Commission shall be affiliated with the same political
party.
``(8) Restriction on government employees.--No individual
may serve as a member of the Commission while employed as an
officer or employee of the Federal Government or any State or
local government.
``(9) Basic pay.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule for each day (including travel time) during
which the member is engaged in the performance of the duties of
the Commission.
``(10) Travel expenses.--Each member of the Commission
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(c) Structure of Commission.--
``(1) Commencement.--The Commission shall meet and begin
operations not later than 30 days after the date on which all
members of the Commission have been appointed.
``(2) Chairperson; vice chairperson.--The chairperson and
vice chairperson of the Commission shall be selected by the
members.
``(3) Subcommittees.--Upon majority vote of the members,
the Commission may create subcommittees composed of less than
the full membership of the Commission to carry out specified
duties of the Commission.
``(4) Quorum.--Six members of the Commission shall
constitute a quorum.
``(5) Meetings.--
``(A) In general.--After its initial meeting, the
Commission shall meet upon the call of the chairperson
or a majority of its members.
``(B) Stakeholder meetings.--The Commission shall
conduct a quarterly meeting of stakeholders to assist
the Commission in carrying out its duties. The first
meeting shall be held not later than 90 days after the
date on which all members of the Commission have been
appointed. Subsequent meetings shall be held until the
Commission submits its final report.
``(C) Attendance at stakeholder meetings.--Members
shall be encouraged to attend stakeholder meetings held
pursuant to subparagraph (B) either in person or via
teleconference.
``SEC. 802. DUTIES AND POWERS OF THE COMMISSION.
``(a) Duties.--
``(1) In general.--The Commission shall carry out the tasks
described in paragraph (2) and make recommendations for
legislative and administrative actions to create an integrated
and comprehensive energy policy for the United States.
``(2) Tasks.--To carry out paragraph (1), the Commission
shall--
``(A) analyze the accessibility, affordability,
reliability, resiliency, and sustainability of the
energy sources in the United States, including coal,
oil, natural gas, wind, solar, nuclear, hydropower,
geothermal, and biofuels;
``(B) assess policy options to increase domestic
energy supplies and energy efficiency;
``(C) evaluate energy storage, transmission, and
distribution requirements that shall include
intermittent energy sources;
``(D) analyze the prospective role of stakeholders,
including academia, industry representatives, the
public, Federal laboratories (as defined in section 4
of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3703)), and Federal agencies in
creating an integrated and comprehensive energy policy;
``(E) assess the effectiveness of and need for
energy programs, including tax incentives, funding
mechanisms, and energy subsidies;
``(F) make recommendations for changes to the
organization of executive branch entities to facilitate
the development and implementation of national energy
objectives;
``(G) study relevant matters, as determined by the
Commission, raised at the stakeholder meetings
described in section 801(c)(5)(B); and
``(H) study other relevant matters as determined by
the Commission.
``(3) Materials studied.--The Commission shall review
materials on energy, including--
``(A) enacted and proposed Federal and State laws,
regulations, policies, and programs;
``(B) information developed by relevant
governmental and nongovernmental agencies, including
Federal laboratories;
``(C) scientific and technical literature and
publications; and
``(D) studies conducted by other entities.
``(b) Reports.--
``(1) Progress reports.--Not later than July 1 of the first
and third year of each Presidential term, the Commission shall
submit progress reports to Congress describing the activities
of the Commission and a summary of the information gathered
pursuant to subsection (a).
``(2) In general.--Not later than July 1 of the second and
fourth year of each Presidential term, the Commission shall
submit to Congress a report that shall include--
``(A) the findings and conclusions of the
Commission based on tasks carried out pursuant to
subsection (a)(2); and
``(B) recommendations for legislative and
administrative actions described in subsection (a)(1).
``(3) Publication.--Reports submitted pursuant to paragraph
(2) shall be made publicly available via a website.
``(c) Powers.--
``(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing before
it.
``(2) Powers of subcommittees.--Any subcommittee created
pursuant to section 801(c)(3) may, if authorized by the
Commission, take any action which the Commission is authorized
to take by this title.
``(3) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property.
``(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as Federal departments and agencies.
``(5) Contract authority.--To the extent or in the amounts
provided in advance in appropriation Acts, the Commission may
contract with government and private agencies or persons for
the purpose of carrying out this section, without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
``(6) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this title.
Upon request of the chairperson, vice chairperson, or a
subcommittee of the Commission, the head of such department or
agency shall furnish such information to the Commission.
``SEC. 803. PERSONNEL MATTERS.
``(a) Executive Director and Staff.--The chairperson of the
Commission may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, appoint
and terminate an executive director and not more than five additional
staff members. The employment of an executive director shall be subject
to confirmation by the Commission.
``(b) Pay.--The chairperson of the Commission may fix the
compensation of the executive director and staff without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General Schedule pay
rates, except that an individual appointed under paragraph (1) may not
receive pay in excess of the annual rate of basic pay for level V of
the Executive Schedule.
``(c) Detail of Government Employees.--Upon request of the
chairperson of the Commission, the head of any department or agency of
the Federal Government may detail, on a nonreimbursable basis, any
personnel of the department or agency to the Commission to assist the
Commission in carrying out its duties.
``(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 which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5316 of such title.
``SEC. 804. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $3,000,000 to the
Secretary of Energy, without fiscal year limitation, to carry out this
title.''.
(b) Table of Contents Amendments.--The table of contents of such
Act is amended by striking the items relating to sections 801 and 802
and inserting the following:
``801. Biennial Commission on Energy Policy.
``802. Duties and powers of the Commission.
``803. Personnel matters.
``804. Authorization of appropriations.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the first day
of the first session of the 114th Congress. | Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (2) assess policy options to increase domestic energy supplies and energy efficiency; (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources; (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies; (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; and (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives. | Biennial Commission on Energy Policy Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Humanitarian Support and
Democratic Transition Assistance Act of 2012''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In March 2011, peaceful demonstrations in Syria began
against the authoritarian rule of Bashar al-Assad. The regime
responded with terrible violence against the citizens of Syria,
including the use of weapons of war, torture, extrajudicial
killings, arbitrary executions, sexual violence, and
interference with access to medical treatment.
(2) In December 2011, the Government of Syria agreed to
allow an Arab League observer group into the country to assess
the humanitarian and political situation on the ground.
However, on January 28, 2012, the League officially ended its
observer mission, citing escalating violence and the
intransigence of the Assad regime.
(3) In February 2012, the group Friends of the Syrian
People met in Tunis and issued a declaration demanding, among
other things, that the Syrian regime ``allow free and unimpeded
access by the UN and humanitarian agencies to carry out a full
assessment of needs''.
(4) On March 16, 2012, United Nations and League of Arab
States Special Envoy Kofi Annan presented a six-point peace
plan for Syria that called on the Government of Syria to, among
other things--
(A) commit to stop the fighting and urgently
achieve a United Nations-supervised cessation of
violence;
(B) cease military activity in and around civilian
population centers;
(C) work with the Envoy in an inclusive Syrian-led
political process;
(D) ensure timely provision of humanitarian
assistance;
(E) release arbitrarily detained persons;
(F) ensure freedom of movement for journalists; and
(G) respect the freedom of association and the
right to demonstrate peacefully.
(5) In March 2012, the United Nations Refugee Agency
(UNHCR) appealed for $84,100,000 to assist approximately 30,000
Syrian refugees living outside the country. Panos Moumtzis was
appointed Regional Refugee Coordinator for Syria by UNHCR,
indicating the importance of responding to the growing needs of
Syrian refugees.
(6) In April 2012, the group Friends of the Syrian People
met in Istanbul and committed to increase pressure on the Assad
regime, provide greater humanitarian relief to people in need,
and support the Syrian opposition as it works toward an
inclusive democratic transition.
(7) As of July 2012, the London-based Syrian Observatory
for Human Rights estimated that more than 20,000 people have
been killed as a result of the violence in Syria, while the
United Nations has reportedly stopped keeping track of casualty
numbers due to the difficulty in obtaining accurate information
from inside Syria.
(8) As a result of the violence, the United Nations
estimates that 1,500,000 people are in need of humanitarian
assistance, including access to food, water, shelter, and
medical care. Basic services such as health care, education,
and electricity have also been cut off in some parts of the
country.
(9) Syria faces growing food insecurity, as wheat harvests
have declined due to drought. The United Nations expects aid
agencies to provide food aid to 850,000 Syrians in July 2012,
up from 500,000 the previous month.
(10) Hundreds of thousands of Syrians have fled the country
due to escalating violence. According to the United Nations,
there are more than 100,000 Syrian refugees registered in
Lebanon, Turkey, Jordan, and Iraq, and even more who are
unregistered. According to the Syrian Arab Red Crescent,
hundreds of thousands of Syrians are displaced within the
country. More than three-quarters of refugees and internally
displaced persons are women and children, who are particularly
vulnerable to economic and physical insecurity.
(11) In June 2012, UNHCR more than doubled its appeal for
assistance for Syrian refugees to $193,000,000, reflecting the
significant increase in the number of refugees in need of
assistance.
(12) The United Nations requested an additional
$189,000,000 to meet humanitarian needs inside Syria. According
to a United Nations spokesperson, only about 20 percent of
these appeals have been funded. In July 2012, John Ging,
Director of Operations for the United Nations Office for the
Coordination of Humanitarian Affairs, said, ``If we don't get
more money, people will die.''
(13) The United Nations Children's Fund (UNICEF) issued an
urgent appeal for $20,000,000 to meet the emergency needs of
children and young people who have fled the violence in Syria.
UNICEF estimates that it will need to provide humanitarian
support and basic services to approximately 90,000 Syrian
children between July and December 2012. As of July 2012,
UNICEF has received less than $6,000,000 to provide support and
protection to the most vulnerable victims of the crisis in
Syria.
(14) An agreement between the United Nations and the Syrian
regime to facilitate the delivery of humanitarian assistance in
the country has allowed aid workers greater access to victims
of the conflict. However, staff of the International Committee
of the Red Cross and the Syrian Arab Red Crescent cite security
concerns as a major obstacle to aid distribution. The
Government of Syria is also refusing to grant visas for aid
workers from countries that have criticized the regime,
including the United States, Canada, the United Kingdom, and
France.
(15) In July 2012, Human Rights Watch reported widespread
torture and mistreatment of political prisoners being held in
detention facilities managed by intelligence agencies of the
Government of Syria. The report cites overcrowding, denial of
adequate food and medical assistance, and the routine use of a
wide range of torture methods. The report also raised concerns
that authorities in Syria could choose to kill detainees rather
than allow them to be released in the event of a political
transition.
(16) As of July 2012, the United States Government has
pledged $52,000,000 in humanitarian and non-lethal assistance
to Syria.
(17) According to the Unclassified Report to Congress on
the Acquisition of Technology Relating to Weapons of Mass
Destruction and Advanced Conventional Munitions Covering 1
January to 31 December 2011, ``Syria has had a [chemical
weapons] program for many years and has a stockpile of CW
agents, which can be delivered by aerial bombs, ballistic
missiles, and artillery rockets.'' In a hearing before the
Committee on Armed Services of the Senate in March 2012,
Chairman of the Joint Chiefs of Staff General Martin Dempsey
testified that the magnitude of Syria's chemical weapons
arsenal was ``100 times more than we experienced in Libya''.
The Government of Syria's stockpiles are thought to include
mustard, sarin, and VX gases.
(18) There are concerns about the existence of numerous
rebel militias and their role in Syria during a post-transition
period. On June 30, 2012, during an international meeting on
Syria in Geneva, Special Envoy Kofi Annan said, ``A transition
must be implemented in a climate of safety for all, stability
and calm, including completion of withdrawals and the
disarming, demobilization and reintegration of armed groups.''
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to strongly condemn the ongoing violence and widespread
human rights violations perpetrated against the Syrian people
by the regime of President Bashar al-Assad;
(2) to promote the protection of civilians and innocent
victims of the conflict in Syria, particularly women and
children who are displaced and vulnerable to physical
exploitation;
(3) to assist the people of Syria in meeting basic needs,
including access to food, health care, shelter, and clean
drinking water;
(4) to support efforts of democratically oriented political
opposition groups in Syria to agree upon a political transition
plan that is inclusive and reflects the democratic aspirations
of all minority ethnic groups in the country;
(5) to work with the international community, including
multilateral organizations and host countries, to support
Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq;
(6) to support efforts to identify, recover, and dispose of
chemical weapons and other conventional and unconventional
weapons stockpiled in Syria; and
(7) to help ensure that, once a stable transitional
government is established in Syria, it is committed to
multiparty democracy, open and transparent governance, respect
for human rights and religious freedom, promoting peace and
stability with its neighbors, enhancing the rule of law, and
rehabilitating and reintegrating former combatants.
SEC. 4. SPECIAL ENVOY FOR SYRIA.
(a) Appointment of Special Envoy.--Not later than 30 days after the
date of the enactment of this Act, the President shall appoint a
Special Envoy for Syria to coordinate United States engagement with the
country and to ensure that the United States Government supports
efforts to bring about a democratic transition in Syria.
(b) Duties.--The Special Envoy for Syria should be given a clear
mandate--
(1) to direct United States Government efforts to provide
assistance to civilians and innocent victims of the conflict in
Syria;
(2) to provide detailed assessments of challenges and
progress on the ground in Syria with regard to providing
humanitarian relief, supporting an inclusive political
transition, assisting internally displaced persons and
refugees, reintegrating former combatants, and securing
conventional and unconventional weapons; and
(3) to pursue a peaceful, inclusive democratic future for
Syria that protects the rights of all ethnic and religious
minorities.
(c) Staffing and Resources.--The Special Envoy for Syria should be
provided with appropriate resources, including adequate staffing in the
region and in Washington, District of Columbia.
SEC. 5. BILATERAL ASSISTANCE TO SYRIA.
(a) Authority.--The President should--
(1) provide enhanced support for humanitarian activities
taking place in and outside Syria, including the provision of
food, water, and medical supplies;
(2) support efforts for a peaceful resolution of the
conflict in Syria as well as the establishment of an inclusive
representative form of government in Syria;
(3) continue to encourage the participation of all groups,
including women, business leaders, civil society organizations,
traditional and religious leaders, and minority groups in
efforts for a peaceful resolution of the conflict and political
transition in Syria;
(4) encourage the Arab League and other international
bodies to insist that transitional and future governments are
committed to multiparty democracy, open and transparent
governance, respect for human rights and religious freedom,
ending the violence throughout the country, promoting peace and
stability with Syria's neighbors, enhancing the rule of law and
combating corruption, and rehabilitating and reintegrating
former combatants;
(5) contribute to future capacity building for governing
institutions after a political transition takes place in Syria;
and
(6) support post-transition efforts, including programs for
demobilizing and reintegrating former combatants.
(b) Funding.--
(1) Fiscal years 2013 and 2014.--Of the amounts made
available to carry out the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums
as may be necessary should be allocated for bilateral
assistance programs in Syria.
(2) Future funding.--It is the sense of Congress that the
Department of State should submit a budget request for fiscal
year 2014 that contains an appropriate increase in bilateral
and multilateral assistance for Syria based on progress by the
Government of Syria toward accomplishing the policy objectives
described in section 3.
(3) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraphs (1) and (2)--
(A) are authorized to remain available until
expended; and
(B) are in addition to funds otherwise available
for such purposes.
(c) Coordination With Other Donor Nations.--The United States
should work with other donor nations, on a bilateral and multilateral
basis, to increase international contributions to the people of Syria
and accomplish the policy objectives described in section 3.
SEC. 6. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT
ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.
The President should instruct the United States permanent
representative or executive director, as the case may be, to the United
Nations voluntary agencies, including the World Food Program, the
United Nations Development Program, and the United Nations High
Commissioner for Refugees, and other appropriate international
organizations to use the voice and vote of the United States to support
additional humanitarian and development assistance for the people of
Syria in order to accomplish the policy objectives described in section
3.
SEC. 7. INCREASING BILATERAL ASSISTANCE TO COUNTRIES THAT HOST SYRIAN
REFUGEES.
(a) Authority.--The President should increase bilateral funding to
countries, including Iraq, Jordan, Turkey, and Lebanon, that have
experienced an influx of refugees from Syria.
(b) Funding for Fiscal Years 2013 and 2014.--Of the amounts made
available to carry out the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) for fiscal years 2013 and 2014, such sums as may be
necessary should be allocated for bilateral refugee assistance programs
in the countries surrounding Syria.
SEC. 8. COORDINATION OF INTERNATIONAL ASSISTANCE FOR SYRIA.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the President shall instruct the Secretary of
State to work with the appropriate United Nations agencies, regional
organizations, nongovernmental organizations, and the broader
international community to establish an international donors group to
maximize resources and efficiently provide humanitarian assistance to
the people of Syria.
(b) Purpose.--The purpose of the donors group shall be to
coordinate resources for the following activities in Syria and the
region:
(1) Providing humanitarian relief to civilians impacted by
the violence in Syria and Syrian refugees in surrounding
countries.
(2) Supporting inclusive post-transitional governance and
the establishment of the rule of law.
(3) Supporting disarmament, demobilization, and
reintegration of combatants and members of militias.
(c) Annual Report.--The Department of State shall submit a report
on the specific programs, projects, and activities carried out by the
donors group during the preceding year, including an evaluation of the
results of such programs, projects, and activities.
SEC. 9. SECURING UNCONVENTIONAL WEAPONS IN SYRIA.
(a) Transition Plan.--The United States should work with regional
partners to develop a plan, to be implemented in the event of a
political transition, to--
(1) identify and secure conventional and unconventional
weapons stockpiles in Syria;
(2) recover and dispose of all unconventional weapons
stockpiled in Syria, with particular attention to chemical
weapons; and
(3) prevent the illicit sale or transfer of conventional
and unconventional weapons out of Syria in order to preclude
regional weapons proliferation.
(b) Sense of Congress.--It is the sense of Congress that the
Department of State should submit a budget request for fiscal year 2014
that contains an increase in bilateral nonproliferation, demining, and
anti-terrorism assistance for Syria toward accomplishing the policy
objectives described in this section.
SEC. 10. REPORT ON HUMANITARIAN AND STABILIZATION EFFORTS IN SYRIA.
Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the President shall submit to Congress a
detailed report on the implementation of this Act, including a
description of--
(1) progress made as a result of humanitarian and
stabilization efforts, including refugee assistance in Syria;
(2) progress made toward establishing an inclusive,
democratic government that protects the rights of all Syrians;
and
(3) key challenges, gaps, and obstacles to further
enhancing stability and peace in Syria, including between Syria
and its neighbors. | Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 - Directs the President to appoint a Special Envoy for Syria to coordinate U.S. engagement with the country and to ensure U.S. support for efforts to bring about a democratic transition in Syria.
Urges the President to: (1) support humanitarian activities taking place in and outside Syria, (2) support efforts for a peaceful resolution of the conflict in Syria, and (3) contribute to future capacity building for governing institutions after a political transition takes place in Syria.
Urges: (1) the allocation of funding for bilateral assistance programs in Syria; and (2) the United States to work with other donor nations to increase international contributions for the people of Syria; (3) the President to increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of Syrian refugees; and (4) the United States to work with regional partners to secure conventional and unconventional weapons stockpiles in Syria and prevent their illicit sale or transfer out of Syria.
Directs the President to instruct the Secretary of State to work with the appropriate United Nations (U.N.) agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to provide humanitarian assistance for the people of Syria. | A bill to provide humanitarian assistance and support a democratic transition in Syria, and for other purposes. |
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SECTION 1. RESTORATION OF WASHINGTON SQUARE.
(a) Restoration.--The Secretary of the Interior (acting through the
Director of the National Park Service) is authorized to provide a grant
to the City of Philadelphia to undertake the restoration of the area
known as Washington Square, as depicted on the map numbered 391-80,016
and dated September 1994. Such grant may not be used to fund more than
66.6 percent of the costs of such restoration. The grant shall be
conditioned on the conduct of such restoration in accordance with such
standards as may be established by the Secretary in order to facilitate
the inclusion of the square in Independence National Historical Park
pursuant to section 2 of this Act. Such standards shall provide for the
use of the most cost-efficient design and materials that are both
consistent with the historical values of the square and suitable for
inclusion in Independence National Historical Park. The grant shall
also be conditioned upon the entrance by the city into a memorandum of
understanding with the Secretary with respect to the long-term lease
and administration of the square.
(b) Offset of Funding.--Any Federal funds, other than those
authorized to be appropriated under this Act, that are appropriated for
the purpose of restoring Washington Square (as depicted on the map
referred to in subsection (a)) shall be used to offset any funds made
available to the National Park Service pursuant to this Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for the purposes of this section not more than $2,600,000
for the fiscal year 1995.
SEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK.
Upon completion of the restoration, pursuant to section 1, of
Washington Square (as depicted on the map referred to in section 1),
the Secretary of the Interior is authorized to enter into a lease
agreement with the city of Philadelphia for the lease of such area to
the National Park Service for an amount not to exceed $1 per year, and
to acquire such area or an interest in the area by donation, and the
Secretary is authorized to modify the boundaries of Independence
National Historical Park to include such area within such boundaries,
and to provide for the administration of such area as part of such
Park.
SEC. 3. ROLE OF CITY OF PHILADELPHIA.
In accordance with the terms set forth in the Memorandum of
Understanding signed by the Department of the Interior, the city of
Philadelphia, and the Fairmount Park Commission and dated November 25,
1991, and as a condition of receiving the grant referred to in section
1(a), the city of Philadelphia shall provide, without cost to the
Federal Government, services for Washington Square (as depicted on the
map referred to in section 1) with respect to electricity, natural gas,
water and sewer, curbside garbage collection of bagged trash or receipt
of hauled trash at a city collection point, and police services
comparable to those provided in the surrounding community. | Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995.
Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year; (2) acquire such Square or an interest in it by donation; (3) modify the Park's boundaries to include the Square; and (4) provide for the administration of the Square as part of the Park.
Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community. | To provide for the restoration of Washington Square in Philadelphia and for its inclusion within Independence National Historical Park, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrographic Services Improvement
Act Amendments of 2008''.
SEC. 2. DEFINITIONS.
Section 302 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Hydrographic data.--The term `hydrographic data'
means information that--
``(A) is acquired through--
``(i) hydrographic, bathymetric,
photogrammetric, lidar, radar, remote sensing,
or shoreline and other ocean- and coastal-
related surveying;
``(ii) geodetic, geospatial, or geomagnetic
measurements;
``(iii) tide, water level, and current
observations; or
``(iv) other methods; and
``(B) is used in providing hydrographic
services.'';
(2) by amending paragraph (4)(A) to read as follows:
``(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, shoreline, geodetic, geospatial,
geomagnetic, and tide, water level, and current
information, including the production of nautical
charts, nautical information databases, and other
products derived from hydrographic data;''; and
(3) by striking paragraph (5).
SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.
Section 303 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892a) is amended--
(1) in subsection (a)--
(A) by striking ``the Act of 1947,'' and inserting
``the Coast and Geodetic Survey Act (33 U.S.C. 883a et
seq.)''; and
(B) in paragraph (1) by striking ``data;'' and
inserting ``data and provide hydrographic services;'';
(2) in subsection (b)--
(A) by striking ``the Act of 1947,'' and inserting
``the Coast and Geodetic Survey Act (33 U.S.C. 883a et
seq.)'';
(B) in paragraph (3) by striking ``title IX of the
Federal Property and Administrative Services Act of
1949; and'' and inserting ``subchapter VI of chapter 10
of title 40, United States Code;'';
(C) in paragraph (4) by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(5) may create, support, and maintain a Joint
Hydrographic Institute.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Acquisition of Hydrographic Data and Provide Hydrographic
Services.--To the extent that it does not detract from the promotion of
safe and efficient navigation, the Administrator may acquire
hydrographic data and provide hydrographic services to--
``(1) support the conservation and management of coastal
and ocean resources;
``(2) save and protect life and property;
``(3) support the resumption of commerce in response to
emergencies, natural disasters, and man-made disasters; and
``(4) meet homeland security and maritime domain awareness
needs, including carrying out mission assignments (as that term
is defined in section 641 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 741).''.
SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 305 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892c) is amended--
(1) in subsection (c)(1)(A) by striking ``Director'' and
inserting ``Co-directors'';
(2) in subsections (c)(1)(C), (c)(3), and (e) by striking
``Secretary'' each place it appears and inserting
``Administrator''; and
(3) by amending subsection (d) to read as follows:
``(d) Compensation.--Voting members of the panel shall be
reimbursed for actual and reasonable expenses, including travel and per
diem, incurred in the performance of duties for the panel.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 306 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892d) is amended to read as follows:
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Administrator the
following:
``(1) To carry out nautical mapping and charting functions
under sections 303 and 304, except for conducting hydrographic
surveys--
``(A) $55,000,000 for fiscal year 2009;
``(B) $56,000,000 for fiscal year 2010;
``(C) $57,000,000 for fiscal year 2011; and
``(D) $58,000,000 for fiscal year 2012.
``(2) To contract for hydrographic surveys under section
303(b)(1), including the leasing or time chartering of
vessels--
``(A) $32,130,000 for fiscal year 2009;
``(B) $32,760,000 for fiscal year 2010;
``(C) $33,390,000 for fiscal year 2011; and
``(D) $34,020,000 for fiscal year 2012.
``(3) To operate hydrographic survey vessels owned by the
United States and operated by the Administration--
``(A) $25,900,000 for fiscal year 2009;
``(B) $26,400,000 for fiscal year 2010;
``(C) $26,900,000 for fiscal year 2011; and
``(D) $27,400,000 for fiscal year 2012.
``(4) To carry out geodetic functions under this title--
``(A) $32,640,000 for fiscal year 2009;
``(B) $32,280,000 for fiscal year 2010;
``(C) $33,920,000 for fiscal year 2011; and
``(D) $34,560,000 for fiscal year 2012.
``(5) To carry out tide and current measurement functions
under this title--
``(A) $27,000,000 for fiscal year 2009;
``(B) $27,500,000 for fiscal year 2010;
``(C) $28,000,000 for fiscal year 2011; and
``(D) $28,500,000 for fiscal year 2012.
``(6) To acquire a replacement hydrographic survey vessel
capable of staying at sea continuously for at least 30 days
$75,000,000.''.
SEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW.
The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et seq.) is
amended by adding at the end the following:
``SEC. 11. SHORT TITLE.
``This Act may be cited as the `Coast and Geodetic Survey Act'.''.
Passed the House of Representatives March 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Hydrographic Services Improvement Act Amendments of 2008 - Amends the Hydrographic Services Improvement Act of 1998 to revise the definition of "hydrographic data" to include information acquired through lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations. Revises the definition of "hydrographic services" to include shoreline and water level information.
Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide hydrographic services. Modifies requirements regarding the awarding of contracts for the acquisition of hydrographic data. Authorizes the Administrator to create and maintain a Joint Hydrographic Institute.
Authorizes the Administrator to acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources, save and protect life and property, support commerce resumption after emergencies and disasters, and meet homeland security and maritime domain awareness needs, including carrying out mission assignments. (Current law only authorizes the Administrator to use hydrographic data and services to support the conservation and management of coastal and ocean resources.)
Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel.
Authorizes appropriations to carry out nautical mapping and charting, contract for hydrographic surveys, operate hydrographic survey vessels, carry out geodetic functions, carry out tide and current measurement, and acquire a replacement hydrographic survey vessel.
Amends the Act of August 6, 1947, to give it the name "Coast and Geodetic Survey Act." | To reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Equal Treatment Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Veterans Equitable Resource Allocation (VERA)
formula, established by the Department of Veterans Affairs
pursuant to section 429 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929),
has proved to be an ineffective means of allocating veterans
medical care dollars fairly across the 22 national service
regions, known as Veterans Integrated Service Networks (VISNs),
of the Department of Veterans Affairs.
(2) The VERA formula has resulted in a system of
inequitable care at veterans hospitals in different regions of
the country.
(3) The VERA formula has resulted in a system in which
veterans in some regions of the country are forced to compete
with veterans in other regions for critical medical care
funding, when the system should be providing funding for
medical care for all veterans, regardless of where they live,
to ensure that all veterans have access to the level and
quality of medical care that they have all earned and deserve.
(4) The VERA formula should be replaced with a new funding
formula that puts the funds provided to the Department of
Veterans Affairs for medical care into the Department of
Veterans Affairs Medical Centers that are treating patients.
SEC. 3. REVISION TO MEDICAL CARE FUNDING ALLOCATION FORMULA FOR
DEPARTMENT OF VETERANS AFFAIRS.
(a) Termination of Vera Formula.--The funding allocation formula
for the Department of Veterans Affairs medical care system known as the
Veterans Equitable Resource Allocation system, established pursuant to
section 429 of the Department of Veterans Affairs pursuant to section
429 of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997 (Public
Law 104-204; 110 Stat. 2929), shall be discontinued by the Secretary of
Veterans Affairs effective at the end of the fiscal year during which
this Act is enacted.
(b) Development of Replacement Formula.--The Secretary of Veterans
Affairs shall develop a new formula for the allocation of funds
appropriated to the Department of Veterans Affairs for Medical Care to
the national service regions, known as Veterans Integrated Service
Networks (VISNs), of the Department. In developing such formula, the
Secretary shall take the following requirements into account:
(1) For any fiscal year for which the amount appropriated
for Medical Care is an increase from the preceding year, the
funding level provided under the new formula to any VISN may
not be less than the amount provided for the preceding year.
(2) The new formula shall take into account additional
costs incurred by a VISN due to any of the following factors at
that VISN being in excess of the median for all VISNs:
(A) The number of veterans moving into the
geographic area of that VISN.
(B) The median age of veterans in that VISN.
(C) The number of veterans in that VISN requiring
complex care or nursing home care.
(D) The age of Department health care facilities in
that VISN.
(c) Transition Formula.--If as of the date specified in subsection
(a) for the termination of the funding allocation formula referred to
in that subsection the Secretary of Veterans Affairs has not
implemented a replacement funding allocation formula in accordance with
subsection (b), then effective as of that date and until such
replacement funding allocation formula is implemented, the funding
allocation formula to be applied to amounts appropriated for veterans
medical care shall be the formula in effect before the formula referred
to in subsection (a).
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations for Replacement Allocation
Formula.--There is authorized to be appropriated to the Department of
Veterans Affairs for fiscal year 2004, $10,000,000 for development and
implementation of a replacement funding allocation formula in
accordance with section 3(b).
(b) Additional Authorization of Appropriations for Medical Care.--
There is authorized to be appropriated to the Department of Veterans
Affairs for fiscal year 2004, $100,000,000 for ``Medical Care'' for the
Department of Veterans Affairs. Such amount is in addition to any other
amount authorized to be appropriated to the Department of Veterans
Affairs for fiscal year 2004 and shall be allocated by the Secretary of
Veterans Affairs to the national service regions, known as Veterans
Integrated Service Networks (VISNs), of the Department of Veterans
Affairs on the basis of need, as follows:
(1) First, to the VISN that has experienced the greatest
reduction in funding from the funding levels for fiscal year
1997.
(2) Second, to any other VISN that has experienced an
overall funding decrease during the six-fiscal-year period
beginning with fiscal year 1997.
(3) Third, if any amount appropriated pursuant to such
authorization remains after allocations pursuant to paragraphs
(1) and (2), such amount shall be allocated equally among the
remaining 22 VISNs before implementation of the new formula. | Veterans Equal Treatment Act - Requires the Secretary of Veterans Affairs to: (1) discontinue the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation system at the end of the fiscal year in which this Act is enacted; and (2) develop a new formula for the allocation of funds to the national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs.Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions. | A bill to require the Secretary of Veterans Affairs to replace with a more equitable formula the current formula, known as the Veterans Equitable Resource Allocation (VERA), for the allocation of funds appropriated to the Department of Veterans Affairs for medical care to different geographic regions of the Nation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Clean Development
Technology Fund Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote and to leverage private
financing for the development and international deployment of
technologies that will contribute to sustainable economic growth and
the stabilization of greenhouse gas concentrations in the atmosphere at
a level that would prevent dangerous anthropogenic interference with
the climate system.
SEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the International Clean Development
Technology Fund (in this Act referred to as the ``Fund'').
(b) Deposits to Fund.--The Fund shall consist of--
(1) amounts appropriated pursuant to the authorization of
appropriations under section 8; and
(2) any amounts as are or may be appropriated, transferred,
or credited to such Fund under any other provisions of law.
(c) Expenditures From Fund.--Amounts in the Fund shall be available
to the International Clean Development Technology Deployment Board
established under section 4 for the purposes described under section 5,
and shall remain available until expended.
SEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY BOARD.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the President shall establish an International
Clean Development Technology Board (in this Act referred to as the
``Board'').
(b) Composition.--The Board shall be composed of--
(1) the Secretary of State, who shall act as the chair of
the Board;
(2) the Secretary of the Treasury;
(3) the Secretary of Energy;
(4) the Secretary of Commerce;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Administrator of the United States Agency for
International Development;
(7) the United States Trade Representative; and
(8) other officials as determined appropriate by the
President.
(c) Administration of International Clean Development Technology
Fund.--The Board shall administer the International Clean Development
Technology Fund ensuring that--
(1) funds are deployed in a manner that best promotes the
participation of, and investments by, the private sector;
(2) funds are allocated in a manner consistent with
commitments by the United States under international climate
change agreements;
(3) funds achieve the greatest greenhouse gas emissions
mitigations with the lowest possible cost, consistent with
paragraphs (1) and (2); and
(4) assistance is targeted at reducing or eliminating the
increased costs associated with deploying clean technologies in
place of traditional technologies.
SEC. 5. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The Board, acting through the Secretary of State,
may use the Fund to provide assistance under this section to qualified
entities to support the purposes of this Act.
(b) Form of Assistance.--
(1) In general.--Assistance under this section shall be
provided--
(A) as direct assistance in the form of grants,
concessional loans, cooperative agreements, contracts,
insurance, or loan guarantees to or with qualified
entities;
(B) as indirect assistance to such entities
through--
(i) funding for international clean
technology funds supported by multilateral
institutions;
(ii) support from development and export
promotion assistance programs of the United
States Government; or
(iii) support from international technology
programs of the Department of Energy; or
(C) in such other forms as the Board may determine
appropriate.
(2) Oversight by secretary of the treasury of assistance
for multilateral trust funds.--In the case of assistance
provided under paragraph (1)(B)(i) for a clean technology fund
or similar fund that is a multilateral trust fund based at the
World Bank, the Secretary of the Treasury shall use the voice,
vote, and influence of the United States to promote--
(A) the use of the assistance in accordance with
the purposes of this Act; and
(B) a requirement that no single country be
eligible to receive more than 15 percent of the funds
awarded by such a fund in any three year period.
(c) Use of Funds.--Assistance provided under this Act may be used
for one or more of the following purposes:
(1) Funding for capacity building programs, including--
(A) developing and implementing methodologies and
programs for measuring and quantifying greenhouse gas
emissions and verifying emissions mitigations;
(B) assessing technology and policy options for
greenhouse gas emissions mitigations; and
(C) providing other forms of technical assistance
to facilitate the qualification for, and receipt of,
program funding under this Act.
(2) Funding for technology programs to mitigate greenhouse
gas emissions in eligible countries.
(d) Qualified Entities.--A qualified entity referred to in this
section is--
(1) the national government of an eligible country;
(2) a regional or local governmental unit of an eligible
country; or
(3) a nongovernmental organization or a private entity
located or operating in an eligible country.
(e) Selection of Projects.--
(1) In general.--The Board shall be responsible for
selecting qualified entities to receive assistance under this
section.
(2) Notice and wait requirement.--Assistance may not be
provided under this section until 30 days after the Board
notifies the appropriate congressional committees of the
proposed assistance, including--
(A) in the case of a capacity building program--
(i) a description of the capacity building
program to be funded through such assistance;
(ii) the terms and conditions of such
assistance; and
(iii) a description of how the capacity
building program will contribute to the
purposes of this Act; or
(B) in the case of a technology program--
(i) a description of the technology program
to be funded through such assistance;
(ii) the terms and conditions of such
assistance;
(iii) an estimate of the additional amount
of greenhouse gas emissions mitigations
expected due to the use of such assistance; and
(iv) a description of how the technology
program will contribute to the purposes of this
Act.
(f) Participation by Governmental Entities.--In providing
assistance under this Act to a national government or to a regional or
local governmental unit, the Board should require as a condition of the
assistance that such governmental entity make appropriate financial
contributions to the budget of the project being funded, and that the
project be part of an overall national, regional, or local strategy for
the deployment of clean technology.
SEC. 6. ELIGIBLE COUNTRIES.
(a) Determination by the President.--The Board shall determine
whether a country is eligible for technology program assistance under
this Act based on the criteria in subsection (b).
(b) Criteria.--A country shall be considered to be eligible for
purposes of this Act if--
(1) the country is eligible to receive official development
assistance according to the guidelines of the Development
Assistance Committee of the Organization for Economic Co-
operation and Development; and
(2)(A) the country has made a binding commitment, pursuant
to an international agreement to which the United States is a
party, to undertake actions to produce measurable, reportable,
and verifiable greenhouse gas emissions mitigations; or
(B) the Board determines and certifies to the appropriate
congressional committees that the country has in force binding
national policies and measures capable of producing measurable,
reportable, and verifiable greenhouse gas emissions
mitigations.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Board shall submit to the appropriate
congressional committees a report outlining the criteria to be used to
determine whether a country is eligible for assistance under this Act
pursuant to subsection (b)(2)(B).
SEC. 7. ANNUAL REPORT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Board shall submit
to the appropriate congressional committees a report on assistance
provided under this Act.
(b) Content.--Each report submitted under subsection (a) shall
include a description of assistance provided during the reporting
period, including--
(1) the aggregate amount of assistance provided for
capacity building initiatives and technology deployment
initiatives; and
(2) a description of each initiative funded through such
assistance, including the amount of assistance provided, the
terms and conditions of such assistance, and the anticipated
reductions in greenhouse gas emissions to be achieved as a
result of technology deployment initiatives.
(c) Performance Evaluations of Supported Multilateral Trust
Funds.--The reports submitted under subsection (a) shall provide for
the independent evaluation, not less frequently than once every three
years, of the performance of each international clean technology fund
provided assistance pursuant to section 5(b)(1)(B)(i).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated a total of $2,000,000,000
for fiscal years 2009 through 2011 to carry out this Act.
SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Finance, the Committee on Energy and Natural Resources, the
Committee on Environment and Public Works, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Ways
and Means, the Committee on Energy and Commerce, the Committee
on Natural Resources, the Committee on Financial Services, and
the Committee on Appropriations of the House of
Representatives.
SEC. 10. CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE.
Nothing in this Act shall be construed to alter or affect
authorities of the Secretary of State under--
(1) title V of the Foreign Relations Authorization Act,
Fiscal Year 1979 (Public Law 95-426; 22 U.S.C. 2656a et seq.);
or
(2) section 622(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2382(c)). | International Clean Development Technology Fund Act of 2008 - Establishes in the Treasury the International Clean Development Technology Fund to provide assistance to qualified entities for: (1) capacity building programs such as greenhouse gas emissions measuring and related technology and policy assessments; and (2) greenhouse gas emissions mitigation in eligible countries. | A bill to promote the international deployment of clean technology, and for other purposes. |
Described.--
(1) In general.--For purposes of subsection (a)(1), a joint
resolution is described in this paragraph if it is a joint
resolution of the two Houses of Congress and the matter after
the resolving clause of such a joint resolution is as follows:
``That the Congress authorizes and directs the United States
Trade Representative to undertake negotiations to amend or
modify the rules and procedures of the Understanding on Rules
and Procedures Governing the Settlement of Disputes relating to
XX with respect to the affirmative determination submitted to
the Congress by the WTO Dispute Settlement Review Commission on
XX,'' the first blank space being filled with the specific
rules and procedures with respect to which Trade Representative
is to undertake negotiations and the second blank space being
filled with the date of the affirmative determination submitted
to the Congress by the Commission pursuant to section 4(b)
which has given rise to the joint resolution.
(2) Withdrawal resolution.--For purposes of subsection
(a)(2), a joint resolution is described in this paragraph if it
is a joint resolution of the two Houses of Congress and the
matter after the resolving clause of such joint resolution is
as follows: ``That the Congress authorizes and directs the
United States Trade Representative to undertake negotiations to
amend or modify the rules and procedures of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
relating to XX with respect to the affirmative report submitted
to the Congress by the WTO Dispute Settlement Review Commission
on XX and if such negotiations do not result in a solution that
the Trade Representative, by XX, certifies to the Congress is
satisfactory, the Congress withdraws its approval, provided
under section 101(a) of the Uruguay Round Agreements Act, of
the WTO Agreement as defined in section 2(9) of the Act'', the
first blank space being filled with the specific rules and
procedures with respect to which the Trade Representative is to
undertake negotiations, the second blank space being filled
with the date of the affirmative determination submitted to the
Congress by the Commission pursuant to section 4(b) which has
given rise to the joint resolution, and the third blank space
being filled with the date the Congress withdraws its approval
of the WTO Agreement.
(c) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if the joint resolution is enacted in accordance with this
subsection, and--
(A) in the case of a joint resolution described in
subsection (b)(1), the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives an affirmative
determination from the Commission described in section
4(b), or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has made 3
affirmative determinations described in section 4(b)
during a 5-year period, and the Congress adopts and
transmits the joint resolution to the President before the end of the
90-day period (excluding any day described in section 154(b) of the
Trade Act of 1974) beginning on the date on which the Congress receives
the third such affirmative determination.
(2) Presidential veto.--In any case in which the President
vetoes the joint resolution, the requirements of this
subsection are met if each House of Congress votes to override
that veto on or before the later of the last day of the 90-day
period referred to in subparagraph (A) or (B) of paragraph (1),
whichever is applicable, or the last day of the 15-day period
(excluding any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress receives
the veto message from the President.
(3) Introduction.--
(A) Time.--A joint resolution to which this section
applies may be introduced at any time on or after the
date on which the Commission transmits to the Congress
an affirmative determination described in section 4(b),
and before the end of the 90-day period referred to in
subparagraph (A) or (B) of paragraph (1), as the case
may be.
(B) Any member may introduce.--A joint resolution
described in subsection (b) may be introduced in either
House of the Congress by any Member of such House.
(4) Expedited procedures.--
(A) General rule.--Subject to the provisions of
this subsection, the provisions of subsections (b),
(d), (e), and (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to
joint resolutions described in subsection (b) to the
same extent as such provisions apply to resolutions
under such section.
(B) Report of discharge of committee.--If the
committee of either House to which a joint resolution
has been referred has not reported it by the close of
the 45th day after its introduction (excluding any day
described in section 154(d) of the Trade Act of 1974),
such committee shall be automatically discharged from
further consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(C) Finance and ways and means committees.--It is
not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged under subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (B).
(D) Special rules for house.--A motion in the House
of Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(5) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section
relating to the same matter.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS.
(a) In General.--If the United States Trade Representative, in
proceedings before a dispute settlement panel or the Appellate Body of
the WTO, seeks--
(1) to enforce United States rights under a multilateral
trade agreement; or
(2) to defend a challenged action or determination of the
United States Government;
a private United States person that is supportive of the United States
Government's position before the panel or Appellate Body and that has a
direct economic interest in the panel's or Appellate Body's resolution
of the matters in dispute shall be permitted to participate in
consultations and panel proceedings. The Trade Representative shall
issue regulations, consistent with subsections (b) and (c), ensuring
full and effective participation by any such private person.
(b) Access to Information.--The United States Trade Representative
shall make available to persons described in subsection (a) all
information presented to or otherwise obtained by the Trade
Representative in connection with a WTO dispute settlement proceeding.
The United States Trade Representative shall promulgate regulations
implementing a protective order system to protect information
designated by the submitting member as confidential.
(c) Participation in Panel Process.--Upon request from a person
described in subsection (a), the United States Trade Representative
shall--
(1) consult in advance with such person regarding the
content of written submissions from the United States to the
WTO panel concerned or to the other member countries involved;
(2) include, where appropriate, such person or its
appropriate representative as an advisory member of the
delegation in sessions of the dispute settlement panel;
(3) allow such special delegation member, where such member
would bring special knowledge to the proceeding, to appear
before the panel, directly or through counsel, under the
supervision of responsibility United States Government
officials; and
(4) in proceedings involving confidential information,
allow appearance of such person only through counsel as a
member of the special delegation.
SEC. 207. DEFINITIONS.
For purposes of this Act:
(1) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under article 17.1 of the Dispute
Settlement Understanding.
(2) Adverse to the united states.--The term ``adverse to
the United States'' includes any report which holds any law,
regulation, or application thereof by a government agency to be
inconsistent with international obligations under a Uruguay
Round Agreement (or a nullification or impairment thereof),
whether or not there are other elements of the decision which
favor arguments made by the United States.
(3) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to article 6 of the Dispute Settlement Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body administering the
rules and procedures set forth in the Dispute Settlement
Understanding.
(5) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the understanding on rules and
procedures governing the settlement of disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(6) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the agreements described in section
101(d) of the Uruguay Round Agreements Act.
(7) World trade organization; wto.--The term ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(8) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994. | TABLE OF CONTENTS:
Title I: NAFTA Renegotiation Act
Title II: WTO Dispute Settlement Review Commission Act
NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act -
Title I: NAFTA Renegotiation Act
- Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations.
Title II: WTO Dispute Settlement Review Commission Act
- Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body.
Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations.
Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute. | NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minuteman Missile National Historic
Site Establishment Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Minuteman II intercontinental ballistic missile
(hereinafter referred to as ``ICBM'') launch control facility
and launch facility known as ``Delta 1'' and ``Delta 9'',
respectively, have national significance as the best preserved
examples of the operational character of American history
during the Cold War;
(2) the facilities are symbolic of the dedication and
preparedness exhibited by the missileers of the Air Force
stationed throughout the upper Great Plains in remote and
forbidding locations during the Cold War;
(3) the facilities provide a unique opportunity to
illustrate the history and significance of the Cold War, the
arms race, and ICBM development; and
(4) the National Park System does not contain a unit that
specifically commemorates or interprets the Cold War.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, protect, and interpret for the benefit and
enjoyment of present and future generations the structures
associated with the Minuteman II missile defense system;
(2) to interpret the historical role of the Minuteman II
missile defense system in the broader context of the Cold War
and the role of the system as a key component of America's
strategic commitment to preserve world peace; and
(3) to complement the interpretive programs relating to the
Minuteman II missile defense system offered by the South Dakota
Air and Space Museum at Ellsworth Air Force Base.
SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.
(a) Establishment.--(1) The Minuteman Missile National Historic
Site in the State of South Dakota (hereinafter referred to as the
``historic site'') is hereby established as a unit of the National Park
System. The historic site shall consist of lands and interests therein
comprising the following Minuteman II ICBM launch control facilities,
as generally depicted on the map referred to as ``Minuteman Missile
National Historic Site'', numbered 406/80,008 and dated September,
1998:
(A) An area surrounding the Minuteman II ICBM launch
control facility depicted as ``Delta 1 Launch Control
Facility''.
(B) An area surrounding the Minuteman II ICBM launch
control facility depicted as ``Delta 9 Launch Facility''.
(2) The map described in paragraph (1) shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(3) The Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized to make minor adjustments to the boundary
of the historic site.
(b) Administration of Historic Site.--The Secretary shall
administer the historic site in accordance with this Act and laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21,
1935 (16 U.S.C. 461-467).
(c) Coordination With Secretary of Defense.--The Secretary shall
consult with the Secretary of Defense and the Secretary of State, as
appropriate, to ensure that administration of the historic site is in
compliance with applicable treaties.
(d) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with appropriate public and private entities and
individuals in furtherance of the purposes of this Act.
(e) Land Acquisition.--(1) Except as provided in paragraph (2), the
Secretary is authorized to acquire lands and interests therein within
the boundaries of the historic site by donation, purchase with donated
or appropriated funds, exchange or transfer from another Federal
agency: Provided, That lands or interests therein owned by the State of
South Dakota may only be acquired by donation or exchange.
(2) The Secretary shall not acquire any lands pursuant to this Act
if the Secretary determines that such lands, or any portion thereof,
are contaminated with hazardous substances (as defined in the
Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. 9601)), unless all remedial action necessary to protect
human health and the environment has been taken pursuant to such Act.
(f) General Management Plan.--(1) Within three years after the date
funds are made available, the Secretary shall prepare a general
management plan for the historic site.
(2) The plan shall include an evaluation of an appropriate location
for a visitor facility and administrative site within the areas
depicted as ``Support Facility Study Area--Alternative A'' or ``Support
Facility Study Area--Alternative B'' on the map referred to in
subsection (a). Upon a determination by the Secretary of the
appropriate location for such facilities, the boundaries of the
historic site shall be modified to include the selected site.
(3) In developing the plan, the Secretary shall consider
coordinating or consolidating appropriate administrative, management,
and personnel functions with Badlands National Park.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Air Force Funds.--The Secretary of the Air Force shall transfer
to the Secretary any funds specifically appropriated to the Air Force
for the maintenance, protection, or preservation of the facilities
described in section 3. Such funds shall be used by the Secretary for
establishing, operating, and maintaining the historic site.
(c) Legacy Resource Management Program.--Nothing in this Act
affects the use of any funds available for the Legacy Resource
Management Program being carried out by the Air Force that, before the
date of enactment of this Act, were directed to be used for resource
preservation and treaty compliance.
Passed the Senate October 7 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Minuteman Missile National Historic Site Establishment Act of 1998 - Establishes the Minuteman Missile National Historic Site in South Dakota as a unit of the National Park System consisting of lands and interests comprising the areas surrounding the Minuteman II ICBM launch control facilities known as Delta 1 and Delta 9.
Authorizes the Secretary to acquire lands and interests within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency. Prohibits the Secretary from acquiring any lands contaminated with hazardous substances, unless all remedial action necessary to protect human health and the environment has been taken.
Requires the Secretary to: (1) prepare a general management plan for the historic site, including an evaluation of a location for a visitor facility and administrative site; and (2) in developing the plan, to consider coordinating and consolidating administrative, management, and personnel function with Badlands National Park.
Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities. | Minuteman Missile National Historic Site Establishment Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Accountability Act of
2013''.
SEC. 2. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL.
(a) In General.--Subchapter I of chapter 5 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 518. Semiannual reports to Congress on cost of certain travel
``(a) Semiannual Reports.--Not later than June 30, 2014, and not
later than 60 days after each 180-day period thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the Senate a
semiannual report on covered travel made during the 180-day period
covered by the report.
``(b) Matters Included.--Each report under subsection (a) shall
include the following:
``(1) With respect to each instance of covered travel made
during the period covered by the report--
``(A) the purpose of such travel;
``(B) the destination;
``(C) the name and title of each employee included
on such travel;
``(D) the duration of such travel;
``(E) the total cost to the Department of such
travel; and
``(F) with respect to covered travel described in
subsection (d)(2), the identity of the person or entity
that paid or reimbursed for such travel.
``(2) The final costs to the Department with respect to all
covered travel made during the period covered by the report,
including costs relating to--
``(A) transportation, including fares for travel by
air, rail, bus, ferry, cruise ship, taxi, mass transit,
or other mode of transportation;
``(B) expenses or reimbursements relating to
operating and maintaining a car, including the costs of
fuel and mileage;
``(C) passport and visa fees;
``(D) lodging;
``(E) per diem payments;
``(F) baggage charges;
``(G) computer rental fees;
``(H) rental of halls, auditoriums, or other
spaces;
``(I) entertainment;
``(J) contractors;
``(K) registration fees; and
``(L) promotional items.
``(c) Duplicative Information.--Each report under subsection (a)
shall include the information described in subsection (b) regardless of
whether such information is also included in a report under section 517
of this title.
``(d) Covered Travel Defined.--In this section, the term `covered
travel' means travel made by an employee of the Department of Veterans
Affairs, including an employee who is stationed in a foreign country,
on official business to any of the following locations:
``(1) If the Department or other element of the Federal
Government pays for such travel, a location outside of--
``(A) the several States;
``(B) the District of Columbia;
``(C) a territory, commonwealth, or possession of
the United States;
``(D) Indian lands (as defined in section 4(4) of
the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)));
or
``(E) the territorial waters of the United States.
``(2) If any person or entity other than the Federal
Government pays (or reimburses) for such travel, any location,
regardless of whether the location is inside or outside of the
United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
517 the following new item:
``518. Semiannual reports to Congress on cost of certain travel.''.
SEC. 3. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7311 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) The Secretary shall report to the appropriate entity each
case of a notifiable infectious disease or condition that is diagnosed
at a medical facility of the Department of Veterans Affairs in
accordance with the laws of the State in which the facility is located.
``(2) In addition to reporting each case of a notifiable infectious
disease or condition at a medical facility of the Department pursuant
to paragraph (1), the Secretary shall report each such case that is
classified as a health-care-associated infection sentinel event to the
accrediting organization of such facility.
``(3)(A) If the Secretary fails to report a case of a notifiable
infectious disease or condition at a medical facility of the Department
in accordance with State law pursuant to paragraph (1), the Secretary
shall--
``(i) take any remedial action required under the laws of
the State to correct such failure; and
``(ii) if the Secretary does not correct such failure
pursuant to clause (i), pay to the State an amount equal to the
amount that a medical facility not owned by the Federal
Government that is located in the same State would pay as a
penalty to such State for such failure.
``(B) The State may file a civil action against the Secretary in
the United States district court for the district in which the medical
facility is located to recover from the United States the amount
described in subparagraph (A)(ii).
``(C) A civil action under subparagraph (B) may not be commenced
later than two years after the cause of action accrues.
``(4)(A) In any case in which the Inspector General of the
Department suspects that a director of a Veterans Integrated Service
Network has failed to comply with an applicable provision of this
subsection, the Inspector General shall conduct an investigation to
determine whether such director failed to comply with an applicable
provision of this section.
``(B) If the Inspector General determines under subparagraph (A)
that a director has failed to comply with a provision of this
subsection, the Secretary shall suspend such director for such period
as the Secretary considers appropriate under subchapter I or subchapter
II of chapter 75 of title 5, as the case may be. In addition to such
suspension, the Secretary may impose such other administrative
disciplinary action on the director as the Secretary considers
appropriate and for which the Secretary is otherwise authorized.
``(5) The Secretary shall--
``(A) maintain records of each notifiable infectious
disease or condition reported pursuant to paragraph (1); and
``(B) submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a notification of each
such notifiable infectious disease or condition.
``(6) In this subsection, the term `notifiable infectious disease
or condition' means any infectious disease or condition that is--
``(A) on the list of nationally notifiable diseases or
conditions published by the Council of State and Territorial
Epidemiologists and the Centers for Disease Control and
Prevention; or
``(B) covered by a provision of law of a State that
requires the reporting of infectious diseases or conditions.''.
(b) Effective Date.--The reporting requirement under section
7311(f) of title 38, United States Code, as added by subsection (a),
shall apply with respect to a case of a notifiable infectious disease
or condition diagnosed at a medical facility of the Department of
Veterans Affairs on or after the date that is 60 days after the date of
the enactment of this Act.
SEC. 4. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT.
Section 7331 of title 38, United States Code, is amended--
(1) by striking ``The Secretary, upon'' and inserting ``(a)
In General.--The Secretary, upon''; and
(2) by adding at the end the following new subsection:
``(b) Visual Recording.--(1) The Secretary shall prescribe
regulations establishing procedures to ensure that, except as provided
by paragraph (2), any visual recording made by the Secretary of a
patient during the course of furnishing care under this title is
carried out only with the full and informed consent of the patient or,
in appropriate cases, a representative thereof.
``(2) The Secretary may waive the requirement for informed consent
under paragraph (1) with respect to the visual recording of a patient
if such recording is made--
``(A) pursuant to a determination by a physician or
psychologist that such recording is medically necessary or
necessary for the safety of the patient;
``(B) pursuant to a warrant or order of a court of
competent jurisdiction; or
``(C) in a public setting where a person would not have a
reasonable expectation to privacy, such as a waiting room or
hallway, and such recording is for general security purposes
not particularized to the patient.
``(3) In this subsection, the term `visual recording' means the
recording or transmission of images or video, but does not include--
``(A) medical imaging, including such imaging produced by
radiographic procedures, nuclear medicine, endoscopy,
ultrasound, or other similar procedures; or
``(B) images, video, and other clinical information
transmitted for the purposes of providing treatment through
telehealth and telemedicine technologies.''.
Amend the title so as to read: ``A bill to amend title 38,
United States Code, to direct the Secretary of Veterans Affairs
to submit to Congress semiannual reports on the cost of certain
travel made by employees of the Department of Veterans Affairs,
and for other purposes.''. | Veterans Accountability Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report semiannually to the congressional veterans committees on covered travel made by VA employees while on official business. Defines covered travel as travel: (1) outside the United States or its territories, possessions, or territorial waters, if paid for by the VA or another element of the government; or (2) to any location, if paid for by any person or entity other than the government. Requires each report to include the name of each employee and the destination, purpose, duration, total cost, and identity of a payor other than the government. Directs the Secretary to report each case of reportable infectious disease or condition (a disease or condition that a state requires to be reported) that occurs at a VA medical facility to the appropriate state entity and to report to the accrediting organization of such facility each case classified as a health-care-associated infection sentinel event. Requires the Secretary, upon a failure to report, to pay to a state the same penalty that a non-federal facility of such state would pay for a failure to report. Allows a state to file a civil action against the VA for the recovery of such amount. Requires the VA Inspector General to investigate and suspend and impose other appropriate administrative disciplinary action against a director of a Veterans Integrated Service Network who has failed to comply with such requirement. Directs the Secretary to prescribe regulations to ensure that any visual recording made by the Secretary of a patient during the course of furnishing care through the VA is carried out only with the full and informed consent of that patient. Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary or necessary for the patient's safety, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy (such as a waiting room or hallway) and the recording is for general security purposes not particularized to the patient. | Veterans Accountability Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare HMO Protection Act of
1998''.
SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS.
Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w-
21(g)(3)) is amended by adding at the end the following:
``(E) Authority to delay termination date.--
``(i) In general.--If a Medicare+Choice
organization terminates a plan under
subparagraph (B)(iii), the Secretary may delay
the effectiveness of such termination if the
Secretary determines that--
``(I) the termination would cause
an imminent and serious risk to the
health of individuals enrolled under
the plan under this part;
``(II) the termination would result
in a significant reduction in the
Medicare+Choice plans that are
available in the area affected by the
termination; or
``(III) the organization
terminating coverage is offering
Medicare+Choice plans in contract areas
that are in close proximity to the area
affected by the termination without
suffering considerable financial
losses.
In making the determination described in
subclause (III), the Secretary may audit and
inspect any books or records of the
organization pursuant to the authority provided
to the Secretary under section 1857(d).
``(ii) End of delay.--The Secretary may end
a delay under clause (i), prior to the end of
the period established by the Secretary under
such clause, if the Secretary determines that
an adequate provider network has been
established which will provide at least an
equal level of insurance coverage as existed in
the area affected by the termination on the
date the Medicare+Choice organization informed
the Secretary of its intention to terminate the
contract.
``(F) Authority to renegotiate contract.--If the
Secretary delays the effectiveness of a termination for
a period pursuant to subparagraph (E), the Secretary
and the Medicare+Choice organization terminating
coverage pursuant to subparagraph (B)(iii) may
negotiate during such period for a new contract under
section 1857 which will enable such organization to
continue such coverage. In negotiating such contract,
the Secretary shall ensure that beneficiaries are not
adversely affected by such contract.''.
SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3
YEARS.
(a) In General.--Section 1857(c)(1) of the Social Security Act (42
U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1
year'' and inserting ``a term of at least 3 years''.
(b) Effective Date.--The amendment made by subsection (a) applies
to contracts entered into on or after the date of enactment of this
Act.
SEC. 4. NOTICE OF TERMINATION.
(a) In General.--Section 1857(d)(3) of the Social Security Act (42
U.S.C. 1395w-27(d)(3)) is amended to read as follows:
``(3) Enrollee notice at time of termination.--
``(A) In general.--Each contract under this section
shall require the organization to provide (and pay for)
written notice at least 120 days prior to the
contract's termination, as well as a description of
alternatives for obtaining benefits under this title,
to each individual enrolled with the organization under
this part.
``(B) Description.--The description of alternatives
referred to in subparagraph (A) shall include a
description of--
``(i) all Medicare+Choice plans and
medicare supplemental policies available in the
area where the contract that is being
terminated is serving beneficiaries and the
costs of such plans and policies; and
``(ii) the telephone number of local social
service agencies providing assistance to
medicare beneficiaries in such area.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to any notice of termination which is provided on or after the date of
enactment of this Act. | Medicare HMO Protection Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the organization terminating coverage is offering Medicare+Choice plans in contract areas close to the area affected without suffering considerable financial losses.
Amends Medicare part C with regard to contracts with Medicare+Choice organizations to provide for extension of the initial Medicare+Choice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination. | Medicare HMO Protection Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Tax Incentive Act of
1993''.
SEC. 2. DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE
IN TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1992.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end thereof the following new subsection:
``(j) Deduction Adjustment To Allow Equivalent of Expensing For
Certain Property Placed in Service in Taxable Years Beginning After
December 31, 1992.--
``(1) In general.--In the case of tangible property placed
in service in a taxable year beginning after December 31, 1992,
the deduction allowable under this section with respect to such
property for any taxable year (after the taxable year during
which the property is placed in service) shall be--
``(A) the amount so allowable for such taxable year
without regard to this subsection, multiplied by
``(B) the applicable neutral cost recovery ratio
for such taxable year.
For purposes of subparagraph (A), paragraphs (1) and (2) of
section 168(b) shall be applied by substituting `150 percent'
for `200 percent'.
``(2) Applicable neutral cost recovery ratio.--For purposes
of paragraph (1), the applicable neutral cost recovery ratio
for any taxable year is the number determined by--
``(A) dividing--
``(i) the gross national product deflator
for the calendar quarter ending in such taxable
year which corresponds to the calendar quarter
during which the property was placed in service
by the taxpayer, by
``(ii) the gross national product deflator
for the calendar quarter during which the
property was placed in service by the taxpayer,
and
``(B) then multiplying the number determined under
subparagraph (A) by the number equal to 1.035 to the
nth power where `n' is the number of full years in the
period beginning on the 1st day of the calendar quarter
during which the property was placed in service by the
taxpayer and ending on the day before the beginning of
the corresponding calendar quarter ending during such
taxable year.
The applicable neutral cost recovery ratio shall not be taken
into account unless it is greater than 1. The applicable
neutral cost recovery ratio shall be rounded to the nearest
one-tenth of 1 percent.
``(3) Gross national product deflator.--For purposes of
paragraph (2), the gross national product deflator for any
calendar quarter is the implicit price deflator for the gross
national product for such quarter (as shown in the first
revision thereof).
``(4) Election not to have subsection apply.--This
subsection shall not apply to any property if the taxpayer
elects not to have this subsection apply to such property. Such
an election, once made, shall be irrevocable.''
(b) Minimum Tax Treatment.--Paragraph (1) of section 56(a) of such
Code is amended by adding at the end thereof the following new
subparagraph:
``(E) Use of Neutral Cost Recovery Ratio.--In the
case of tangible property placed in service in a
taxable year beginning after December 31, 1992, the
deduction allowable under this paragraph with respect
to such property for any taxable year (after the
taxable year during which the property is placed in
service) shall be--
``(i) the amount so allowable for such
taxable year without regard to this
subparagraph, multiplied by
``(ii) the applicable neutral cost recovery
ratio for such taxable year (as determined
under section 168(j)).
This subparagraph shall not apply to any property with
respect to which there is an election in effect not to
have section 168(j) apply.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 3. REPEAL OF SPECIAL DEPRECIATION RULES APPLICABLE UNDER THE
ADJUSTED CURRENT EARNINGS PROVISIONS OF THE MINIMUM TAX.
(a) In General.--Subparagraph (A) of section 56(g)(4) of the
Internal Revenue Code of 1986 (relating to adjustments) is amended to
read as follows:
``(A) Depreciation.--
``(i) In general.--The depreciation
deduction with respect to any property for any
taxable year beginning after December 31, 1992,
shall be the same as the depreciation deduction
allowable in computing alternative minimum
taxable income for such taxable year.
``(ii) Basis rules.--Notwithstanding
subparagraph (I), the adjusted basis of any
depreciable property held by the taxpayer as of
the beginning of the taxpayer's first taxable
year beginning after December 31, 1992, shall
be determined as if the provisions of clause
(i) had also applied to taxable years beginning
in 1990, 1991, or 1992.
``(iii) Lost basis recovered over 5
years.--The amount determined under clause (iv)
shall be allowed as a deduction ratably over
the 60-month period beginning with the first
month of the taxpayer's first taxable year
beginning after December 31, 1992.
``(iv) Amount of lost basis.--The amount
determined under this clause is the excess of--
``(I) the aggregate adjusted bases
of depreciable property held by the
taxpayer as of the beginning of the
taxpayer's first taxable year beginning
after December 31, 1992, which would
have been determined (as of such time)
under subparagraph (I) without regard
to clause (ii), over
``(II) the aggregate adjusted bases
of such property (as of such time) as
determined under the rules of clause
(ii).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1992. | Investment Tax Incentive Act of 1993 - Amends the Internal Revenue Code to allow the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1992.
Repeals the special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax. | Investment Tax Incentive Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Accountability and Innovative
Research Drug Pricing Act of 2016''.
SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND
``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
``(a) Definitions.--In this section:
``(1) Average manufacturer price.--The term `average
manufacturer price' has the meaning given the term in section
1927(k)(1) of the Social Security Act (42 U.S.C. 1396r-
8(k)(1)).
``(2) Manufacturer.--The term `manufacturer' means the
person--
``(A) that holds the application for a drug
approved under section 505 of the Federal Food, Drug,
and Cosmetic Act or the license issued under section
351 of the Public Health Service Act; or
``(B) who is responsible for setting the price for
the drug.
``(3) Qualifying drug.--The term `qualifying drug' means
any drug that is approved under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act or
licensed under subsection (a) or (k) of section 351 of this
Act--
``(A) that is--
``(i)(I) subject to section 503(b)(1) of
the Federal Food, Drug, and Cosmetic Act; or
``(II) commonly administered by hospitals
(as determined by the Secretary);
``(ii) not designated as a drug for a rare
disease or condition under section 526 of the
Federal Food, Drug, and Cosmetic Act; and
``(iii) not designated by the Secretary as
a vaccine; and
``(B) for which, during the previous calendar year,
at least 1 dollar of the total amount of sales were for
individuals enrolled under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) or under a State Medicaid plan under title XIX
of such Act (42 U.S.C. 1396 et seq.) or under a waiver
of such plan.
``(b) Report.--
``(1) Report required.--The manufacturer of a qualifying
drug shall submit a report to the Secretary for each price
increase of a qualifying drug that will result in an increase
in the average manufacturer price of that drug that is equal to
10 percent or more over a 12-month period.
``(2) Report deadline.--Each report described in paragraph
(1) shall be submitted to the Secretary not later than 30 days
prior to the planned effective date of such price increase.
``(c) Contents.--A report under subsection (b) shall, at a minimum,
include--
``(1) with respect to the qualifying drug--
``(A) the percentage by which the manufacturer will
raise the average manufacturer price of the drug on the
planned effective date of such price increase;
``(B) a justification for, and description of, each
manufacturer's price increase that occurred during the
12-month period described in subsection (b)(1);
``(C) the identity of the initial developer of the
drug;
``(D) a description of the history of the
manufacturer's price increases for the drug since the
approval of the application for the drug under section
505 of the Federal Food, Drug, and Cosmetic Act or the
issuance of the license for the drug under section 351,
or since the manufacturer acquired such approved
application or license;
``(E) the current list price of the drug;
``(F) the total expenditures of the manufacturer
on--
``(i) materials and manufacturing for such
drug; and
``(ii) acquiring patents and licensing for
such drug;
``(G) the percentage of total expenditures of the
manufacturer on research and development for such drug
that was derived from Federal funds;
``(H) the total expenditures of the manufacturer on
research and development for such drug that is used
for--
``(i) basic and preclinical research;
``(ii) clinical research;
``(iii) new drug development;
``(iv) pursuing new or expanded indications
for such drug through supplemental applications
under section 505 of the Federal Food, Drug,
and Cosmetic Act; and
``(v) carrying out postmarket requirements
related to such drug, including those under
section 505(o)(3) of such Act;
``(I) the total revenue and the net profit
generated from the qualifying drug for each calendar
year since the approval of the application for the drug
under section 505 of the Federal Food, Drug, and
Cosmetic Act or the issuance of the license for the
drug under section 351, or since the manufacturer
acquired such approved application or license; and
``(J) the total costs associated with marketing and
advertising for the qualifying drug;
``(2) with respect to the manufacturer--
``(A) the total revenue and the net profit of the
manufacturer for the 12-month period described in
subsection (b)(1);
``(B) the amount the manufacturer has spent on
dividends and stock repurchases and the specific
metrics used by the manufacturer to determine executive
compensation, including any stock-based performance
metrics, for the 12-month period described in
subsection (b)(1); and
``(C) any additional information the manufacturer
chooses to provide related to drug pricing decisions,
such as total expenditures on--
``(i) drug research and development; or
``(ii) clinical trials on drugs that failed
to receive approval by the Food and Drug
Administration; and
``(3) such other related information as the Secretary
considers appropriate.
``(d) Civil Penalty.--Any manufacturer of a qualifying drug that
fails to submit a report for the drug as required by this section shall
be subject to a civil penalty of $100,000 for each day on which the
violation continues.
``(e) Compliance Determinations.--In determining whether a
manufacturer may have been required to submit a report under this
section, and otherwise making determinations about manufacturer
compliance with the requirements of this section, the Inspector General
of the Department of Health and Human Services shall annually review
and consider the average manufacturer price information submitted under
section 447.510 of title 42, Code of Federal Regulations, or any
successor regulations.
``(f) Public Posting.--
``(1) In general.--Subject to paragraph (3), not later than
30 days after the submission of a report under subsection (b),
the Secretary shall post the report on the public Web site of
the Department of Health and Human Services.
``(2) Format.--In developing the format of such report for
public posting, the Secretary shall consult stakeholders,
including beneficiary groups, and shall seek feedback on the
content and format from consumer advocates and readability
experts to ensure such public reports are user-friendly to the
public and are written in plain language that consumers can
readily understand.
``(3) Trade secrets and confidential information.--In
carrying out this section the Secretary shall ensure the
protection of confidential commercial information and trade
secrets.''.
``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS.
``The Secretary shall collect the civil penalties under section
399OO, in addition to any other amounts available, and without further
appropriation, and shall use such funds to carry out activities
described in this part and to improve consumer and provider information
about drug value and drug price transparency.
``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS.
``(a) In General.--Subject to subsection (b), the Secretary shall
submit to Congress, and post on the public Web site of the Department
of Health and Human Services in a way that is easy to use and
understand, an annual report--
``(1) summarizing the information reported pursuant to
section 399OO; and
``(2) including copies of the reports and supporting
detailed economic analyses submitted pursuant to such section.
``(b) Trade Secrets and Confidential Information.--In carrying out
this section the Secretary shall ensure the protection of confidential
commercial information and trade secrets.''. | Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses. | Fair Accountability and Innovative Research Drug Pricing Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Health Benefits
Access Act''.
SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC.
(a) In General.--Chapter 89 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 8915. Provisions to require that benefits be extended to the
general public
``(a) A contract may not be made or a plan approved unless the
carrier agrees to offer to the general public, throughout each term for
which the contract or approval remains effective, the same benefits
(subject to the same maximums, limitations, exclusions, and other
similar terms or conditions) as would be offered under such contract or
plan to employees and annuitants and their family members.
``(b)(1) Premiums for coverage under this section shall be
established in conformance with such requirements as the Office of
Personnel Management shall by regulation prescribe, including
provisions to ensure conformance with generally accepted standards and
practices associated with community rating.
``(2) In no event shall the enactment of this section result in--
``(A) any increase in the level of individual or Government
contributions required under section 8906 or any other
provision of this chapter, including copayments or deductibles;
``(B) any decrease in the types of benefits offered under
this chapter; or
``(C) any other change that would adversely affect the
coverage afforded under this chapter to employees and
annuitants and their family members.
``(c) Benefits under this section shall, with respect to an
individual who is entitled to benefits under part A of title XVIII of
the Social Security Act, be offered (for use in coordination with those
Social Security benefits) to the same extent and in the same manner as
if coverage were under the preceding provisions of this chapter, rather
than under this section.
``(d)(1) A carrier may file an application with the Office setting
forth reasons why it, or a plan provided by such carrier, should be
excluded from the requirements of this section.
``(2) In reviewing any such application, the Office may consider
such factors as--
``(A) any bona fide enrollment restrictions which would
make the application of this section inappropriate, including
those common to plans which are limited to individuals having a
past or current employment relationship with a particular
agency or other authority of the Government;
``(B) whether compliance with this section would jeopardize
the financial solvency of the plan or carrier, or otherwise
compromise its ability to offer health benefits under the
preceding provisions of this chapter; and
``(C) the anticipated duration of the requested exclusion,
and what efforts the plan or carrier proposes to take in order
to be able to comply with this section.
``(e) Except as the Office may by regulation prescribe, any
reference to this chapter (or any requirement of this chapter), made in
any provision of law, shall not be considered to include this section
(or any requirement of this section).''.
(b) Conforming Amendment.--The table of sections for chapter 89 of
title 5, United States Code, is amended by adding at the end the
following:
``8915. Provisions to require that benefits be extended to the general
public.''.
SEC. 3. STANDARDIZED CLAIMS PROCESSING.
Section 8902 of title 5, United States Code, is amended by adding
at the end the following:
``(o) A claim for payment or reimbursement under this chapter
(whether electronic or otherwise) shall be submitted on such a standard
form or in such a standard manner as may be required by the Office in
relation to health benefit plans. Each contract under this chapter
shall include appropriate provisions to carry out the preceding
sentence.''.
SEC. 4. ADVANCE DIRECTIVES.
Section 8907 of title 5, United States Code, is amended by adding
at the end the following:
``(c) The Office shall--
``(1) prepare information relating to the use of advance
directives regarding the type or intensity of care which an
individual desires in the event that such individual becomes
unable to communicate by reason of incapacity due to illness or
injury; and
``(2) require, as a condition for approval of any contract
under section 8902, that appropriate provisions be included so
that such information may be made available to enrollees of the
plan involved.''.
SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING
FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD
OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS.
(a) In General.--The Office of Personnel Management shall conduct a
demonstration project to assess the feasibility and desirability of
offering the use of arbitration, instead of litigation, to resolve
medical malpractice claims arising out of covered health care services.
(b) Definition.--For the purpose of this section, the term
``covered health care services'' means any care, treatment, or other
service for which the individual who receives such service has coverage
under chapter 89 of title 5, United States Code.
(c) Project Requirements.--
(1) In general.--The demonstration project shall be
conducted as a demonstration project under section 4703 of
title 5, United States Code.
(2) Plan design.--In developing a plan for such project
under section 4703 of title 5, United States Code, the Office
shall include (in addition to any information otherwise
required)--
(A) suggestions for incentives that may be offered
in order to obtain the voluntary participation of
enrollees, such as reductions in premiums, copayments,
or deductibles;
(B) the criteria for identifying the types of
health benefit plans which are appropriate for
inclusion, and the procedures and conditions in
accordance with which any such plan may participate;
(C) the general framework for arbitration,
including (to the extent the Office considers
appropriate) methods for the selection of arbitrators,
length of hearings, and limitations on damages; and
(D) the effect of an award resulting from the
arbitration process, and the extent to which review of
such an award may be obtained.
(d) Evaluation.--The evaluation required under section 4703(h) of
title 5, United States Code, with respect to the demonstration project
shall include data and analysis relating to matters such as--
(1) the number of claims brought for arbitration;
(2) how those claims were disposed of (whether by
settlement, hearing, or otherwise), and the percentage of the
total number of claims represented by each;
(3) the average dollar amount of those awards or
settlements;
(4) the various costs involved in connection with those
claims; and
(5) the advantages and disadvantages of arbitration,
relative to other methods of dispute resolution, and the extent
to which arbitration should continue to be used under chapter
89 of such title.
SEC. 6. APPLICABILITY.
The amendments made by this Act shall apply with respect to
contract terms beginning after the end of the 6-month period beginning
on the date of the enactment of this Act. | Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe.
Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members.
Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act.
Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans.
Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved.
Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services.
Sets forth provisions regarding project requirements and evaluation. | Federal Employees Health Benefits Access Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Infusion Site of Care
Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Medicare fee-for-service program covers infusion
therapy in the hospital, skilled nursing facility, physician
office, and hospital outpatient department, but does not cover
the full range of services for the provision of infusion
therapies in a patient's home.
(2) The Medicare program is presently the only major health
care payer in the United States that does not provide
comprehensive coverage of home infusion therapy.
(3) As a result of the Medicare program not providing for
comprehensive coverage of home infusion therapy, many Medicare
beneficiaries are unable to obtain infusion therapy in the most
cost-effective and convenient setting of their home, and
physicians are deprived of the ability to select the best site
of care for their patients.
(4) The Medicare program is paying for institutional care
for the provision of infusion therapy in many instances when
such institutional care could be avoided if the Medicare
program provided coverage for home infusion therapy.
(5) The Government Accountability Office found in a 2010
report that home infusion therapy is utilized widely by private
payers providing health insurance coverage for individuals
enrolled under such coverage and that such private payers
generally are satisfied with the quality of care and the
savings they achieve through avoided institutionalizations.
(6) A recent study has reported a potential savings for
Medicare if infusion therapies were covered in the home site of
care.
SEC. 3. MEDICARE COVERAGE OF HOME INFUSION THERAPY.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(EE);
(B) by inserting ``and'' at the end of subparagraph
(FF); and
(C) by inserting at the end the following new
subparagraph:
``(GG) home infusion therapy (as defined in subsection
(iii)(1));''; and
(2) by adding at the end the following new subsection:
``Home Infusion Therapy
``(iii)(1) The term `home infusion therapy' means the items and
services described in paragraph (2) furnished to an individual, who is
under the care of a physician, which are provided by a qualified home
infusion therapy supplier under a plan (for furnishing such items and
services to such individual) established and periodically reviewed by a
physician, which items and services are provided in an integrated
manner in the individual's home in conformance with uniform standards
of care established by the Secretary and in coordination with the
provision of covered infusion drugs under part D. The Secretary shall
establish such standards after taking into account the standards
commonly used for home infusion therapy by Medicare Advantage plans and
in the private sector and after consultation with all interested
stakeholders.
``(2) The items and services described in this paragraph are the
following:
``(A) Professional services, including nursing services
(other than nursing services covered as home health services),
provided in accordance with the plan (including administrative,
compounding, dispensing, distribution, clinical monitoring, and
care coordination services) and all necessary supplies and
equipment (including medical supplies such as sterile tubing
and infusion pumps).
``(B) Other items and services the Secretary determines
appropriate to administer infusion drug therapies to an
individual safely and effectively in the home.
``(3) For purposes of this subsection:
``(A) The term `home' means a place of residence used as an
individual's home and includes such other alternate settings as
the Secretary determines.
``(B) The term `qualified home infusion therapy supplier'
means any pharmacy, physician, or other provider licensed by
the State in which the pharmacy, physician, or provider resides
or provides services, whose State authorized scope of practice
includes dispensing authority and that--
``(i) has expertise in the preparation of
parenteral medications in compliance with enforceable
standards of the United States Pharmacopoeia and other
nationally recognized standards that regulate
preparation of parenteral medications as determined by
the Secretary and meets such standards;
``(ii) provides infusion therapy to patients with
acute or chronic conditions requiring parenteral
administration of drugs and biologicals administered
through catheters or needles, or both, in a home; and
``(iii) meets such other uniform requirements as
the Secretary determines are necessary to ensure the
safe and effective provision and administration of home
infusion therapy on a 7-day-a-week, 24-hour basis
(taking into account the standards of care for home
infusion therapy established by Medicare Advantage
plans and in the private sector), and the efficient
administration of the home infusion therapy benefit.
``(4) A qualified home infusion therapy supplier may subcontract
with a pharmacy, physician, provider, or supplier to meet the
requirements of paragraph (3)(B).''.
(b) Payment for Home Infusion Therapy.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end the
following new subsection:
``(p) Payment for Home Infusion Therapy.--
``(1) In general.--The Secretary shall determine a per diem
schedule for payment for the professional services (including
nursing services), supplies, and equipment described in section
1861(iii)(2)(A) for each infusion therapy type that reflects
the reasonable costs which must be incurred by efficiently and
economically operated qualified home infusion therapy suppliers
to provide such services, supplies, and equipment in conformity
with applicable State and Federal laws, regulations, and the
uniform quality and safety standards developed under section
1861(iii)(1) and to assure that Medicare beneficiaries have
reasonable access to such therapy.
``(2) Considerations.--In developing the per diem schedule
under this subsection, the Secretary shall consider recent
credible studies about the costs of providing infusion therapy
in the home, consult with home infusion therapy suppliers,
consider payment amounts established by Medicare Advantage
plans and private payers for home infusion therapy, and, if
necessary, conduct a statistically valid national market
analysis involving the costs of administering infusion drugs
and of providing professional services necessary for the drugs'
administration.
``(3) Annual updates.--The Secretary shall update such
schedule from year to year by the percentage increase in the
Consumer Price Index for all urban consumers (United States
city average) for the 12-month period ending with June of the
preceding year. The Secretary may modify the per diem schedule
with respect to beneficiaries who qualify for home infusion
therapy services under section 1861(iii)(1) but who receive
nursing services as home health services.''.
(c) Conforming Amendments.--
(1) Payment reference.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 13951(a)(1)) is amended--
(A) by striking ``and'' before ``(Z)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (AA) with respect to home
infusion therapy, the amounts paid shall be determined
under section 1834(p)''.
(2) Direct payment.--The first sentence of section
1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6))
is amended--
(A) by striking ``and'' before ``(H)''; and
(B) by inserting before the period at the end the
following: ``, and (I) in the case of home infusion
therapy, payment shall be made to the qualified home
infusion therapy supplier''.
(3) Exclusion from durable medical equipment and home
health services.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(A) in subsection (m)(5)--
(i) by striking ``and'' before ``durable
medical equipment'' and inserting a comma; and
(ii) by inserting before the semicolon at
the end the following: ``, and supplies used in
the provision of home infusion therapy after
excluding other drugs and biologicals''; and
(B) in subsection (n), by adding at the end the
following: ``Such term does not include home infusion
therapy, other than equipment and supplies used in the
provision of insulin.''.
(4) Application of accreditation provisions.--The
provisions of section 1865(a) of the Social Security Act (42
U.S.C. 1395bb(a)) apply to the accreditation of qualified home
infusion therapy suppliers in the same way as they apply to
other suppliers.
SEC. 4. MEDICARE COVERAGE OF HOME INFUSION DRUGS.
Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-
102(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the comma at the end of
subparagraph (B) and inserting, ``; or''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) an infusion drug (as defined in paragraph
(5)),''; and
(2) by adding at the end the following new paragraph:
``(5) Infusion drug defined.--For purposes of this part,
the term `infusion drug' means a parenteral drug or biological
administered via an intravenous, intraspinal, intra-arterial,
intrathecal, epidural, subcutaneous, or intramuscular access
device or injection, and may include a drug used for catheter
maintenance and declotting, a drug contained in a device,
additives including but not limited to vitamins, minerals,
solutions, and diluents, and other components used in the
provision of home infusion therapy.''.
SEC. 5. ENSURING BENEFICIARY ACCESS TO HOME INFUSION THERAPY.
(a) Objectives in Implementation.--The Secretary of Health and
Human Services shall implement the Medicare home infusion therapy
benefit under the amendments made by this Act in a manner that ensures
that Medicare beneficiaries have timely and appropriate access to
infusion therapy in their homes and that there is rapid and seamless
coordination between drug coverage under part D of title XVIII of the
Social Security Act and coverage for home infusion therapy services
under part B of such title to avoid the filing of duplicative or
otherwise improper claims. Specifically, the Secretary shall ensure
that--
(1) the benefit is practical and workable with minimal
administrative burden for beneficiaries, qualified home
infusion therapy suppliers, physicians, prescription drug
plans, MA-PD plans, and Medicare Advantage plans, and the
Secretary shall consider the use of consolidated claims
encompassing covered part D drugs and part B services,
supplies, and equipment under such part B to ensure the
efficient operation of this benefit;
(2) any prior authorization or utilization review process
is expeditious, allowing Medicare beneficiaries meaningful
access to home infusion therapy;
(3) medical necessity determinations for home infusion
therapy will be made--
(A) except as provided in subparagraph (B), by
Medicare administrative contractors under such part B
and communicated to the appropriate prescription drug
plans; or
(B) in the case of an individual enrolled in a
Medicare Advantage plan, by the Medicare Advantage
organization offering the plan; and an individual may
be initially qualified for coverage for such benefit
for a 90-day period and subsequent 90-day periods
thereafter;
(4) except as otherwise provided in this section, the
benefit is modeled on current private sector coverage and
coding for home infusion therapy; and
(5) prescription drug plans and MA-PD plans structure their
formularies, utilization review protocols, and policies in a
manner that ensures that Medicare beneficiaries have timely and
appropriate access to infusion therapy in their homes.
(b) Report.--Not later than January 1, 2018, the Comptroller
General of the United States shall submit a report to Congress on
Medicare beneficiary access to home infusion therapy. Such report shall
specifically address whether the objectives specified in subsection (a)
have been met and shall make recommendations to Congress and the
Secretary of Health and Human Services on how to improve the benefit
and better ensure that Medicare beneficiaries have timely and
appropriate access to infusion therapy in their homes.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to home infusion
therapy furnished on or after January 1, 2015. | Medicare Home Infusion Site of Care Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services (HHS) to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes, and (2) there is rapid and seamless coordination between drug coverage under Medicare part D (Voluntary Prescription Drug Benefit Program) and home infusion therapy services coverage under Medicare part B (Supplemental Security Income) (SSI) to avoid the filing of duplicative or otherwise improper claims. | Medicare Home Infusion Site of Care Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Finance Act of 1995''.
SEC. 2. PURPOSE.
The purpose of this Act is to require--
(1)(A) the Administrator of the Environmental Protection
Agency to establish an Environmental Financial Advisory Board
to provide expert advice and recommendations to Congress and
the Administrator on issues, trends, options, innovations, and
tax matters affecting the cost and financing of environmental
protection by State and local governments; and
(B) the Board to study methods to--
(i) lower costs of environmental infrastructure and
services;
(ii) increase investment in public and private
environmental infrastructure; and
(iii) build State and local capacity to plan and
pay for environmental infrastructure and services; and
(2)(A) the Administrator to establish and support
Environmental Finance Centers in institutions of higher
education;
(B) the Centers to carry out activities to improve the
capability of State and local governments to manage
environmental programs; and
(C) the Administrator to provide Federal funding to the
Centers, with a goal that the Centers will eventually become
financially self-sufficient.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Board.--The term ``Board'' means the Environmental
Financial Advisory Board established under section 4.
(3) Center.--The term ``Center'' means an Environmental
Finance Center established under section 5.
SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD.
(a) In General.--The Administrator shall establish an Environmental
Financial Advisory Board to provide expert advice on issues affecting
the costs and financing of environmental activities at the Federal,
State, and local levels. The Board shall report to the Administrator,
and shall make the services and expertise of the Board available to
Congress.
(b) Membership.--
(1) In general.--The Board shall consist of 35 members
appointed by the Administrator.
(2) Terms.--A member of the Board shall serve for a term of
2 years, except that 20 of the members initially appointed to
the Board shall serve for a term of 1 year.
(3) Qualifications.--The members of the Board shall be
individuals with expertise in financial matters and shall be
chosen from among elected officials and representatives of
national trade and environmental organizations, the financial,
banking, and legal communities, business and industry, and
academia.
(4) Chairperson and vice chairperson.--The members of the
Board shall elect a Chairperson and Vice Chairperson, who shall
each serve a term of 2 years.
(c) Duties.--After establishing appropriate rules and procedures
for the operations of the Board, the Board shall--
(1) work with the Science Advisory Board, established by
section 8 of the Environmental Research, Development, and
Demonstration Act of 1978 (42 U.S.C. 4365), to identify and
develop methods to integrate risk and finance considerations
into environmental decisionmaking;
(2) identify and examine strategies to enhance
environmental protection in urban areas, reduce
disproportionate risks facing urban communities, and promote
economic revitalization and environmentally sustainable
development;
(3) develop and recommend initiatives to expand
opportunities for the export of United States financial
services and environmental technologies;
(4) develop alternative financing mechanisms to assist
State and local governments in paying for environmental
programs;
(5) develop alternative financing mechanisms and strategies
to meet the unique needs of small and economically
disadvantaged communities; and
(6) undertake such other activities as the Board determines
will further the purpose of this Act.
(d) Recommendations.--The Board may recommend to Congress and the
Administrator legislative and policy initiatives to make financing for
environmental protection more available and less costly.
(e) Open Meetings.--The Board shall hold open meetings and seek
input from the public and other interested parties in accordance with
the Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise
be subject to the Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1996 through 2000.
SEC. 5. ENVIRONMENTAL FINANCE CENTERS.
(a) In General.--The Administrator shall establish and support an
Environmental Finance Center in an institution of higher education in
each of the regions of the Environmental Protection Agency.
(b) Duties and Powers.--A Center shall coordinate the activities of
the Center with the Board and may--
(1) provide on-site and off-site training of State and
local officials;
(2) publish newsletters, course materials, proceedings, and
other publications relating to financing of environmental
infrastructure;
(3) initiate and conduct conferences, seminars, and
advisory panels on specific financial issues relating to
environmental programs and projects;
(4) establish electronic database and contact services to
disseminate information to public entities on financing
alternatives for State and local environmental programs;
(5) generate case studies and special reports;
(6) develop inventories and surveys of financial issues and
needs of State and local governments;
(7) identify financial programs, initiatives, and
alternative financing mechanisms for training purposes;
(8) hold public meetings on finance issues; and
(9) collaborate with another Center on projects and
exchange information.
(c) Grants.--The Administrator may make grants to institutions of
higher education to carry out this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 1996 through 2000. | Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA.
Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information.
Permits the Administrator to make grants to institutions of higher education to carry out the Center program.
Authorizes appropriations. | Environmental Finance Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Infrastructure Financing
Improvement Act of 1997''.
SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.
(a) Amendment to Title 49, United States Code.--Part B of subtitle
V of title 49, United States Code, is amended by inserting after
chapter 221 the following new chapter:
``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS
``Sec.
``22301. Definitions.
``22302. Direct loans and loan guarantees.
``22303. Administration of direct loans and loan guarantees.
``SEC. 22301. DEFINITIONS.
``For purposes of this chapter:
``(1)(A) The term `cost' means the estimated long-term cost
to the Government of a direct loan or loan guarantee,
calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays.
``(B) The cost of a direct loan shall be the net present
value, at the time when the direct loan is disbursed, of the
following cash flows:
``(i) Loan disbursements.
``(ii) Repayments of principal.
``(iii) Payments of interest and other payments by
or to the Government over the life of the loan after
adjusting for estimated defaults, prepayments, fees,
penalties, and other recoveries.
``(C) The cost of a loan guarantee shall be the net present
value when a guaranteed loan is disbursed, of the following
cash flows:
``(i) Estimated payments by the Government to cover
defaults and delinquencies, interest subsidies, or
other payments.
``(ii) Estimated payments to the Government,
including origination and other fees, penalties, and
recoveries.
``(D) Any Government action that alters the estimated net
present value of an outstanding direct loan or loan guarantee
(except modifications within the terms of existing contracts or
through other existing authorities) shall be counted as a
change in the cost of that direct loan or loan guarantee. The
calculation of such changes shall be based on the estimated
present value of the direct loan or loan guarantee at the time
of modification.
``(E) In estimating net present values, the discount rate
shall be the average interest rate on marketable Treasury
securities of similar maturity to the direct loan or loan
guarantee for which the estimate is being made.
``(2) The term `direct loan' means a disbursement of funds
by the Government to a non-Federal borrower under a contract
that requires the repayment of such funds. The term includes
the purchase of, or participation in, a loan made by another
lender. The term does not include the acquisition of a
federally guaranteed loan in satisfaction of default claims.
``(3) The term `direct loan obligation' means a binding
agreement by the Secretary of Transportation to make a direct
loan when specified conditions are fulfilled by the borrower.
``(4) The term `loan guarantee' means any guarantee,
insurance, or other pledge with respect to the payment of all
or a part of the principal or interest on any debt obligation
of a non-Federal borrower to a non-Federal lender, but does not
include the insurance of deposits, shares, or other
withdrawable accounts in financial institutions.
``(5) The term `loan guarantee commitment' means a binding
agreement by the Secretary to make a loan guarantee when
specified conditions are fulfilled by the borrower, the lender,
or any other party to the guarantee agreement.
``(6) The term `railroad carrier' has the meaning given
that term in section 20102.
``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES.
``(a) General Authority.--The Secretary of Transportation may
provide direct loans and loan guarantees to State and local
governments, government sponsored authorities and corporations, and
railroad carriers.
``(b) Eligible Purposes.--
``(1) In general.--Direct loans and loan guarantees under
this section shall be used to--
``(A) acquire, improve, or rehabilitate rail
equipment or facilities, including track, components of
track, bridges, yards, buildings, and shops;
``(B) refinance outstanding debt incurred for the
purposes described in subparagraph (A); or
``(C) develop or establish new railroad facilities.
``(2) Operating expenses not eligible.--Direct loans and
loan guarantees under this section shall not be used for
railroad operating expenses.
``(c) Priority Projects.--In granting applications for direct loans
or guaranteed loans under this section, the Secretary shall give
priority to projects that--
``(1) enhance public safety;
``(2) enhance the environment;
``(3) promote economic development;
``(4) enable United States companies to be more competitive
in international markets;
``(5) are endorsed by the plans prepared under section 135
of title 23 by the State or States in which they are located;
or
``(6) preserve rail service to small communities or rural
areas.
``(d) Extent of Authority.--The aggregate unpaid principal amounts
of obligations under direct loans and loan guarantees made under this
section shall not exceed $5,000,000,000 at any one time.
``(e) Rates of Interest.--
``(1) Direct loans.--The Secretary shall require interest
to be paid on a direct loan made under this section at a rate
not less than that necessary to recover the cost of making the
loan.
``(2) Loan guarantees.--The Secretary shall not make a loan
guarantee under this section if the interest rate for the loan
exceeds that which the Secretary determines to be reasonable,
taking into consideration the prevailing interest rates and
customary fees incurred under similar obligations in the
private capital market.
``(f) Infrastructure Partners.--
``(1) Authority of secretary.--In lieu of or in combination
with appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990, the
Secretary may accept on behalf of an applicant for assistance
under this section a commitment from a non-Federal source to
fund in whole or in part credit risk premiums with respect to
the loan that is the subject of the application. In no event
shall the aggregate of appropriations of budget authority and
credit risk premiums described in this paragraph with respect
to a direct loan or loan guarantee be less than the cost of
that direct loan or loan guarantee.
``(2) Credit risk premium amount.--The Secretary shall
determine the amount required for credit risk premiums under
this subsection on the basis of--
``(A) the circumstances of the applicant, including
the amount of collateral offered;
``(B) the proposed schedule of loan disbursements;
``(C) historical data on the repayment history of
similar borrowers;
``(D) consultation with the Congressional Budget
Office; and
``(E) any other factors the Secretary considers
relevant.
``(3) Payment of premiums.--Credit risk premiums under this
subsection shall be paid to the Secretary before the
disbursement of loan amounts.
``(4) Cohorts of loans.--In order to maintain sufficient
balances of credit risk premiums to adequately protect the
Federal Government from risk of default, while minimizing the
length of time the Government retains possession of those
balances, the Secretary shall establish cohorts of loans. When
all obligations attached to a cohort of loans have been
satisfied, credit risk premiums paid for the cohort, and
interest accrued thereon, which were not used to mitigate
losses shall be returned to the original source on a pro rata
basis.
``(g) Prerequisites for Assistance.--The Secretary shall not make a
direct loan or loan guarantee under this section unless the Secretary
has made a finding in writing that--
``(1) repayment of the obligation is required to be made
within a term of not more than 25 years from the date of its
execution;
``(2) the direct loan or loan guarantee is justified by the
present and probable future demand for rail services;
``(3) the applicant has given reasonable assurances that
the facilities or equipment to be acquired, rehabilitated,
improved, developed, or established with the proceeds of the
obligation will be economically and efficiently utilized;
``(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and collateral
offered by the applicant to protect the Federal Government; and
``(5) the purposes of the direct loan or loan guarantee are
consistent with subsection (b).
``(h) Conditions of Assistance.--The Secretary shall, before
granting assistance under this section, require the applicant to agree
to such terms and conditions as are sufficient, in the judgment of the
Secretary, to ensure that, as long as any principal or interest is due
and payable on such obligation, the applicant, and any railroad carrier
for whose benefit the assistance is intended--
``(1) will not use any funds or assets from railroad
operations for nonrail purposes, if such use would impair the
ability of the applicant or railroad carrier to provide rail
services in an efficient and economic manner, or would
adversely affect the ability of the applicant or railroad
carrier to perform any obligation entered into by the applicant
under this section;
``(2) will, consistent with its capital resources, maintain
its capital program, equipment, facilities, and operations on a
continuing basis; and
``(3) will not make any discretionary dividend payments
that unreasonably conflict with the purposes stated in
subsection (b).
``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.
``(a) Applications.--The Secretary of Transportation shall
prescribe the form and contents required of applications for assistance
under section 22302, to enable the Secretary to determine the
eligibility of the applicant's proposal, and shall establish terms and
conditions for direct loans and loan guarantees made under that
section.
``(b) Full Faith and Credit.--Loan guarantees made under section
22302 shall constitute general obligations of the United States backed
by the full faith and credit of the United States.
``(c) Assignment of Loan Guarantees.--The holder of a loan
guarantee made under section 22302 may assign the loan guarantee in
whole or in part, subject to such requirements as the Secretary may
prescribe.
``(d) Modifications.--The Secretary may approve the modification of
any term or condition of a direct loan, loan guarantee, direct loan
obligation, or loan guarantee commitment, including the rate of
interest, time of payment of interest or principal, or security
requirements, if the Secretary finds in writing that--
``(1) the modification is equitable and is in the overall
best interests of the United States; and
``(2) consent has been obtained from the applicant and, in
the case of a loan guarantee or loan guarantee commitment, the
holder of the obligation.
``(e) Compliance.--The Secretary shall assure compliance, by an
applicant, any other party to the loan, and any railroad carrier for
whose benefit assistance is intended, with the provisions of this Act,
regulations issued hereunder, and the terms and conditions of the
direct loan or loan guarantee, including through regular periodic
inspections.
``(f) Commercial Validity.--For purposes of claims by any party
other than the Secretary, a loan guarantee or loan guarantee commitment
shall be conclusive evidence that the underlying obligation is in
compliance with the provisions of this Act, and that such obligation
has been approved and is legal as to principal, interest, and other
terms. Such a guarantee or commitment shall be valid and incontestable
in the hands of a holder thereof, including the original lender or any
other holder, as of the date when the Secretary granted the application
therefor, except as to fraud or material misrepresentation by such
holder.
``(g) Default.--The Secretary shall prescribe regulations setting
forth procedures in the event of default on a loan made or guaranteed
under section 22302. The Secretary shall ensure that each loan
guarantee made under that section contains terms and conditions that
provide that--
``(1) if a payment of principal or interest under the loan
is in default for more than 30 days, the Secretary shall pay to
the holder of the obligation, or the holder's agent, the amount
of unpaid guaranteed interest;
``(2) if the default has continued for more than 90 days,
the Secretary shall pay to the holder of the obligation, or the
holder's agent, 90 percent of the unpaid guaranteed principal;
``(3) after final resolution of the default, through
liquidation or otherwise, the Secretary shall pay to the holder
of the obligation, or the holder's agent, any remaining amounts
guaranteed but which were not recovered through the default's
resolution;
``(4) the Secretary shall not be required to make any
payment under paragraphs (1) through (3) if the Secretary
finds, before the expiration of the periods described in such
paragraphs, that the default has been remedied; and
``(5) the holder of the obligation shall not receive
payment or be entitled to retain payment in a total amount
which, together with all other recoveries (including any
recovery based upon a security interest in equipment or
facilities) exceeds the actual loss of such holder.
``(h) Rights of the Secretary.--
``(1) Subrogation.--If the Secretary makes payment to a
holder, or a holder's agent, under subsection (g) in connection
with a loan guarantee made under section 22302, the Secretary
shall be subrogated to all of the rights of the holder with
respect to the obligor under the loan.
``(2) Disposition of property.--The Secretary may complete,
recondition, reconstruct, renovate, repair, maintain, operate,
charter, rent, sell, or otherwise dispose of any property or
other interests obtained pursuant to this section. The
Secretary shall not be subject to any Federal or State
regulatory requirements when carrying out this paragraph.
``(i) Action Against Obligor.--The Secretary may bring a civil
action in an appropriate Federal court in the name of the United States
in the event of a default on a direct loan made under section 22302, or
in the name of the United States or of the holder of the obligation in
the event of a default on a loan guaranteed under section 22302. The
holder of a guarantee shall make available to the Secretary all records
and evidence necessary to prosecute the civil action. The Secretary may
accept property in full or partial satisfaction of any sums owed as a
result of a default. If the Secretary receives, through the sale or
other disposition of such property, an amount greater than the
aggregate of--
``(1) the amount paid to the holder of a guarantee under
subsection (g) of this section; and
``(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
``(j) Breach of Conditions.--The Attorney General shall commence a
civil action in an appropriate Federal court to enjoin any activity
which the Secretary finds is in violation of this Act, regulations
issued hereunder, or any conditions which were duly agreed to, and to
secure any other appropriate relief.
``(k) Attachment.--No attachment or execution may be issued against
the Secretary, or any property in the control of the Secretary, prior
to the entry of final judgment to such effect in any State, Federal, or
other court.
``(l) Investigation Charge.--The Secretary may charge and collect
from each applicant a reasonable charge for appraisal of the value of
the equipment or facilities for which the direct loan or loan guarantee
is sought, and for making necessary determinations and findings. Such
charge shall not aggregate more than one-half of 1 percent of the
principal amount of the obligation.''.
(b) Conforming Amendment.--The table of chapters of subtitle V of
title 49, United States Code, is amended by inserting after the item
relating to chapter 221 the following:
``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''.
SEC. 3. TECHNICAL AND CONFORMING PROVISIONS.
(a) Repeal.--Title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed.
(b) Savings Provision.--A transaction entered into under the
authority of title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 before the date of the enactment of this Act shall
be administered until completion under its terms as if subsection (a)
of this subsection were not enacted.
(c) Technical and Conforming Amendments.--(1) Section 211(i) of the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is
repealed.
(2) Section 306(b) of title 49, United States Code, is amended by
striking ``title V of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof
``chapter 223 of this title''. | Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans. | Railroad Infrastructure Financing Improvement Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Speak Up to Protect Every Abused Kid
Act''.
SEC. 2. CHILD ABUSE AND NEGLECT.
Section 3(2) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is amended to read as follows:
``(2) the term `child abuse or neglect' means, at a
minimum--
``(A) any recent act or failure to act, on the part
of a parent or caretaker, that results in death,
serious physical or emotional harm, or sexual abuse or
exploitation, or an act or failure to act that presents
an imminent risk of serious harm; or
``(B) any deliberate act, on the part of an
individual other than a parent or caretaker, that
results in death, serious physical or emotional harm,
or sexual abuse or exploitation, or that presents an
imminent risk of serious harm to a child.''.
SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.
The Child Abuse Prevention and Treatment Act is amended by
inserting after section 103 (42 U.S.C. 5104) the following:
``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.
``(a) In General.--The Secretary shall make grants to eligible
entities to carry out educational campaigns and provide training
regarding State laws for mandatory reporting of incidents of child
abuse or neglect.
``(b) Guidance and Information on Best Practices.--The Secretary
shall develop and disseminate guidance and information on best
practices for--
``(1) educational campaigns to educate members of the
public about--
``(A) the acts and omissions that constitute child
abuse or neglect under State law;
``(B) the responsibilities of adults to report
suspected and known incidents of child abuse or neglect
under State law; and
``(C) the ways in which adults can respond to help
children and families without such reporting in a case
in which the circumstances do not constitute child
abuse or neglect under State law but the child or
family needs assistance to prevent such circumstances
from deteriorating so as to constitute child abuse or
neglect; and
``(2) training programs to improve such reporting by
adults, with a focus on adults who work with children in a
professional or volunteer capacity.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. In determining whether to make a grant under this section,
the Secretary shall determine whether the educational campaign or
training proposed by the entity uses practices described in the
guidance and information developed under subsection (b).
``(d) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant to carry
out an educational campaign, or provide training, described in
subsection (b).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2012
and $10,000,000 for each of fiscal years 2013 through 2016.''.
SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an
assurance'' and all that follows through clause (i), and inserting the
following:
``(B) an assurance in the form of a certification
by the Governor of the State that the State has in
effect and is enforcing a State law, or has in effect
and is operating a statewide program, relating to child
abuse and neglect that includes--
``(i) provisions or procedures for an
individual to report suspected or known
incidents of child abuse or neglect to a State
child protective service agencies or to law
enforcement agencies, which shall include a
State law for mandatory reporting of such
incidents, to either type of agency, by any
adult;''.
SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.
(a) Eligibility.--Section 107(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5107c(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) train adults who work with children in a
professional or volunteer capacity, to report suspected
and known incidents of child abuse or neglect under
State law; and''; and
(2) in paragraph (5), by inserting before the period ``and
the training described in paragraph (4)(C)''.
(b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C.
5107c(e)(2)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) evaluate the State's efforts to train adults who work
with children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or neglect
under State law.''.
(c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42
U.S.C. 5107c(e)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) experimental, model, and demonstration
programs for testing innovative approaches and
techniques that may improve reporting of and response
to suspected and known incidents of child abuse or
neglect by adults to the State child protective service
agencies or to law enforcement agencies.''.
SEC. 6. GENERAL PROGRAM GRANTS.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(f) Mandatory Reporting.--To be eligible to receive any form of
financial assistance under this title, a State shall include in the
corresponding plan or application an assurance that the State has in
effect a State law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 7. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(e) Report on State Mandatory Reporting Laws.--
``(1) Study.--Not later than 4 years after the date of
enactment of the Speak Up to Protect Every Abused Kid Act, the
Secretary shall collect information on and otherwise study the
efforts of States relating to State laws for mandatory
reporting of incidents of child abuse or neglect, in order to--
``(A) assess the implementation of the amendments
made by that Act; and
``(B) provide an update on--
``(i) implementation of State laws for
mandatory reporting described in section
106(b)(2)(B)(i); and
``(ii) State efforts to improve reporting
on, and responding to reports of, child abuse
or neglect.
``(2) Report.--Not later than 4 years after that date of
enactment, the Secretary shall submit to the appropriate
committees of Congress a report containing the findings of the
study.''.
SEC. 8. COMMUNITY-BASED GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) an assurance that the State has in effect a State
law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of enactment of this Act.
(b) Mandatory Reporting Requirements.--The amendments made by
sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and
applications submitted after the date that is 2 years after the date of
enactment of this Act. | Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of "child abuse or neglect" any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. | A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes. |
SECTION 1. SHORT TITLE.
That this Act may be cited as the ``Reserve Account for
Administrative Savings Act of 1993''.
SEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS.
Subchapter II of chapter 15 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 1520. Special rule for apportioning salaries and expenses within
an appropriation
``(a) All appropriations for salaries and expenses shall be
apportioned as necessary to carry out this section.
``(b)(1) Except as provided by paragraph (2), in apportioning any
appropriation for salaries and expenses for a fiscal year under this
section, a reserve shall be established in an amount that is equal to 5
percent of the actual amount incurred for those salaries and expenses
in the immediately preceding fiscal year.
``(2) The size of each reserve to be established under paragraph
(1) for a fiscal year shall (if applicable) be reduced by a dollar
amount equal to the amount by which that fiscal year's appropriation
for salaries and expenses is less than the actual amount incurred for
those salaries and expenses in the immediately preceding fiscal year.
``(c) Each appropriation subject to this section shall be
apportioned by the appropriate official referred to in section 1513 and
within the applicable time parameters set forth in that section.
``(d) The head of each agency that has an appropriation for
salaries and expenses for a fiscal year subject to this section shall,
within 60 days after the beginning of that fiscal year or within 60
days after the date of enactment of the law by which the appropriation
for that fiscal year is made available, whichever occurs later, and
after consultation with it chief financial officer and the Deputy
Director for Management (or his or her designee) of the Office of
Management and Budget, make recommendations to the President of changes
in laws or regulations or other changes that should be made to bring
about a more efficient and cost-effective operation and thereby reduce
salaries and expenditures without jeopardizing any programs that agency
administers.
``(e) The President's annual budget submission for a budget year
under section 1105(a) shall include a special message which sets forth
on an agency-by-agency basis a recommendation for the current fiscal
year of whether--
``(1) for the programs that agency administers to be
maintained at a proper administrative level the release of all
or part of those funds held in reserve under subsection (b) is
necessary;
``(2) those programs can function effectively at reduced
levels and the funds held in reserve under subsection (b)
should be rescinded and returned to the Treasury; or
``(3) supplemental appropriations for other programs are
necessary and can be offset by rescissions of the funds held in
reserve under subsection (b).
If that special message recommends the option set forth in paragraph
(1) for any agency, then the President shall include with that special
message a bill that, if enacted, would release specified amounts of
funds held in reserve under subsection (b) as set forth in that bill.
``(f) Except to the extent that a law is enacted under section 1521
requiring the release of all or part of the money reserved under
subsection (b), on August 1 of the calendar year during which a fiscal
year ends, all funds held in any reserve under subsection (b)
respecting that fiscal year are hereby rescinded and shall be promptly
returned to the general fund of the Treasury.
``Sec. 1521. Fast-track supplemental appropriation of amounts not to
exceed aggregate amount rescinded under section 1520
``(a)(1) Before the close of the second legislative day of the
House of Representatives after the date of receipt of a special message
transmitted to Congress under section 1520(e), the majority leader or
minority leader of the House of Representatives shall introduce (by
request) the draft bill accompanying that special message. If the bill
is not introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the date of
receipt of that special message, any Member of that House may introduce
the bill.
``(2) The bill shall be referred to the Committee on Appropriations
of the House of Representatives. The committee shall report the bill
with or without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date of
receipt of that special message. If the Committee on Appropriations
fails to report the bill within that period, that committee shall be
automatically discharged from consideration of the bill, and the bill
shall be placed on the appropriate calendar.
``(3) During consideration under this subsection, any Member of the
House of Representatives may move to strike any provision of the bill
or offer an amendment to reduce any amount proposed to be released.
``(4) A vote on final passage of the bill shall be taken in the
House of Representatives on or before the close of the 10th legislative
day of that House after the date of the introduction of the bill in
that House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed, certified, and
transmitted to the Senate within one calendar day of the day on which
the bill is passed.
``(5)(A) A motion in the House of Representatives to proceed to the
consideration of a bill under this section shall be highly privileged
and not debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a bill under this
section shall not exceed 4 hours, which shall be divided equally
between those favoring and those opposing the bill. A motion further to
limit debate shall not be debatable. It shall not be in order to move
to recommit a bill under this section or to move to reconsider the vote
by which the bill is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be decided
without debate.
``(D) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a bill under this
section shall be governed by the Rules of the House of Representatives.
``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4)
shall be referred to its Committee on Appropriations. The committee
shall report the bill with or without recommendation. The bill shall be
reported not later than the seventh legislative day of the Senate after
it receives the bill. A committee failing to report the bill within
such period shall be automatically discharged from consideration of the
bill, and the bill shall be placed upon the appropriate calendar.
``(B) During consideration under this subsection, any Member of the
Senate may move to strike any provision of the bill or offer an
amendment to reduce any amount proposed to be released.
``(C) A vote on final passage of a bill transmitted to the Senate
shall be taken on or before the close of the 10th legislative day of
the Senate after the date on which the bill is transmitted. If the bill
is passed in the Senate without amendment, the Secretary of the Senate
shall cause the engrossed bill to be returned to the House of
Representatives.
``(7)(A) A motion in the Senate to proceed to the consideration of
a bill under this subsection shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill under this subsection, and all
debatable motions and appeals in connection therewith, shall not exceed
10 hours. The time shall be equally divided between, and controlled by,
the majority leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or appeal in
connection with a bill under this section shall be limited to not more
than 1 hour, to be equally divided between, and controlled by, the
mover and the manager of the bill, except that in the event the manager
of the bill is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any Senator
during the consideration of any debatable motion or appeal.
``(D) A motion in the Senate to further limit debate on a bill
under this subsection is not debatable. A motion to recommit a bill
under this section is not in order.
``(b) Amendments and Divisions.--No amendment to a bill considered
under this section shall be in order in either the House of
Representatives or the Senate except an amendment to strike a provision
of the bill or to reduce an amount proposed to be restored by the bill.
It shall not be in order to demand a division of the question in the
House of Representatives (or in a Committee of the Whole) or in the
Senate. No motion to suspend the application of this subsection shall
be in order in either House, nor shall it be in order in either House
to suspend the application of this subsection by unanimous consent.
``(c) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be restored in a special message
transmitted to Congress under section 1520(e) shall be made available
for obligation on the day after the date on which the bill proposing to
restore such amount of budget authority is enacted into law unless it
has been automatically rescinded under that section.
``(d) Definition.--For purposes of this section, the term
`legislative day' means, with respect to either House of Congress, any
day during which that House is in session.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall only apply to fiscal years
1994, 1995, 1996, 1997, and 1998 and shall have no force or effect
after September 30, 1998. | Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year.
Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations. | Reserve Account for Administrative Savings Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Recovery Adjustment Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the deterioration of financial firms in 2008 and the
resulting crisis of confidence in the financial markets have
required broad intervention by the Federal Government in the
financial sector;
(2) the Emergency Economic Stabilization Act of 2008,
signed by President Bush on October 3, 2008, included a
$700,000,000,000 Troubled Asset Relief Program (or ``TARP'')
for the express purpose of ``providing stability to and
preventing disruption in the economy and financial system'';
(3) the investment and commercial banks and other financial
institutions that have received taxpayer-funded bailouts
perform public functions supporting the operation of the
economy, in addition to their private profit-making functions;
(4) reports of billions of dollars in compensation and
obligations to executives have eroded public confidence in the
TARP, and have caused increasing opposition to other bailout
proposals, thereby impeding the Government's ability to address
the financial crisis;
(5) participation in the TARP and any other Federal
Government bailout program should be conditioned on a fair
restructuring of executive compensation obligations;
(6) taxpayer dollars should not support unreasonable
compensation to executives, particularly when in the absence of
taxpayer support, such compensation would be reduced as part of
a bankruptcy restructuring or liquidation; and
(7) establishing a due process forum will allow the
Government to ensure that executive compensation relying on
taxpayer funds is fair and reasonable, and that all sides enjoy
an opportunity to be heard.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Assisted entity.--The term ``assisted entity'' means
any recipient or applicant for assistance under the TARP.
(2) Panel.--The term ``Panel'' means the Temporary Economic
Recovery Oversight Panel established under section 7.
(3) Executive compensation.--The term ``executive
compensation'' means wages, salary, deferred compensation,
benefits, retirement arrangements, options, bonuses, office
fixtures, goods, or other property, travel, or entertainment,
vacation expenses, and any other form of compensation,
obligation, or expense that is not routinely provided to all
other employees of the assisted entity.
(4) Office.--The term ``Office'' means the Office of the
Taxpayer Advocate, established under section 4.
(5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the
Troubled Asset Relief Program established under section 101 of
the Emergency Economic Stabilization Act of 2008 and funds
received thereunder, respectively, or pursuant to any successor
program.
(6) Secretary.--The term ``Secretary'' means Secretary of
the Treasury.
SEC. 4. TAXPAYER ADVOCATE.
(a) Establishment.--There is established within the Department of
Justice, the Office of the Taxpayer Advocate.
(b) Advocate.--The Office shall be headed by an Advocate, to be
appointed by the Attorney General of the United States for such
purpose.
(c) Duties.--The Advocate is authorized to conduct ongoing audits
and oversight of the recipients of TARP funds with respect to
compensation of the officers and directors of such entities.
(d) Access to Records.--
(1) In general.--To the extent otherwise consistent with
law, the Advocate and the Office shall have access, upon
request, to any information, data, schedules, books, accounts,
financial records, reports, files, electronic communications,
or other papers, things, or property belonging to or in use by
the assisted entity and to the officers, directors, employees,
independent public accountants, financial advisors, and other
agents and representatives thereof (as related to the agent or
representative's activities on behalf of or under the authority
of the assisted entity) at such reasonable time as Office may
request.
(2) Copies.--The Advocate may make and retain copies of
such books, accounts, and other records as the Advocate deems
appropriate for the purposes of this Act.
(e) Reporting.--The Advocate shall submit quarterly reports of
findings under this Act to the appropriate committees of Congress, the
Secretary and the Special Inspector General for the TARP established
under the Emergency Economic Stabilization Act of 2008 on the
activities and performance of the Office.
(f) Audits.--The Office is authorized to conduct an audit of any
assisted entity for purposes of this Act.
SEC. 5. POWERS OF THE OFFICE.
(a) Investigations and Evidence.--The Office may, for purposes of
carrying out this Act--
(1) take depositions or other testimony, receive evidence,
and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Service.--Subpoenas issued under subsection (a)(2) may
be served by any person designated by the Office.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
(a)(2), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(B) Additional enforcement.--Sections 102 through
104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194) shall apply in the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under the authority of this
section.
(c) Information From Federal Agencies.--The Office may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Office conducted
under this Act. Each such department, agency, or instrumentality shall,
to the extent authorized by law, furnish such information directly to
the Office, upon request.
SEC. 6. EXECUTIVE COMPENSATION AUTHORITY.
(a) Negotiated Reductions Authorized.--The Advocate is authorized
to assist the Secretary in the negotiation of assistance under the
TARP, in order to assure that fair and reasonable executive
compensation is paid by entities receiving TARP funds, and to defend
any such agreements in the event of any challenge to the adjustments to
compensation obligations. If, after an audit authorized by this Act,
the Advocate finds reason to believe that any assisted entity would
have become insolvent if not for the receipt of assistance under the
TARP, the Advocate shall negotiate a reduction in the executive
compensation obligations of the assisted entity as a condition of the
continuing use or future receipt of such TARP assistance.
(b) Form.--Negotiated reductions in compensation under subsection
(a)--
(1) may include vested deferred compensation; and
(2) shall be in an amount that is fair and reasonable in
light of the taxpayers' assistance, but not less than the
estimated value of the compensation obligations that would face
the estate or debtor-in-possession if the TARP funds had not
been granted and the entity had filed for bankruptcy
protection.
(c) Certification to Adjustment Panel.--The Advocate shall certify
the findings of the Office under this section to the Panel.
SEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL.
(a) Establishment.--There is established the Temporary Economic
Recovery Oversight Panel.
(b) Makeup of Panel.--The Panel shall be comprised of 5 members,
appointed by the President for such purpose from among United States
bankruptcy court judges. The Secretary shall provide for appropriate
space and staff to support the functioning of the Panel.
(c) Duties.--The Panel shall--
(1) promptly evaluate each proposed settlement reached
under section 6;
(2) approve or deny such proposed settlement; and
(3) if no settlement is reached under section 6, upon
petition of the Advocate or any individual subject to the
actions of the Advocate under section 6, issue an order
establishing an executive compensation program for such
individuals in accordance with this section.
(d) Notice and Hearing Required.--The Advocate shall provide
adequate notice to all affected persons of its intention to seek an
order from the Panel in accordance with this section, and the Panel
shall hold an evidentiary hearing on any proposed settlement or
petition of the Advocate.
(e) Standing.--Under any proceeding before the Panel, any
individual whose compensation might be adversely affected by Panel
action shall be a party in interest, having full procedural rights,
including the right to challenge a settlement between the assisted
entity and the Advocate, to challenge the certified findings of the
Advocate, or to appeal any order of the Panel.
(f) Appeals.--The Advocate and any party having standing before the
Panel shall have the right to appeal an order under this Act directly
to the United States Court of Appeals for the District of Columbia
Circuit.
(g) Effective Period.--Any order of the Panel setting forth a
reduction in compensation shall be effective 6 months after
confirmation, and shall remain in effect while any obligation arising
from assistance provided under the TARP remains outstanding. | Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP).
Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations.
States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection.
Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance.
Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement; or (2) upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached. | A bill to establish the Temporary Economic Recovery Adjustment Panel to curb excessive executive compensation at firms receiving emergency economic assistance. |
TITLE I--NICODEMUS NATIONAL HISTORIC SITE
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the town of Nicodemus, in Kansas, has national
significance as the only remaining western town established by
African-Americans during the Reconstruction period following
the Civil War;
(2) the town of Nicodemus is symbolic of the pioneer spirit
of African-Americans who dared to leave the only region they
had been familiar with to seek personal freedom and the
opportunity to develop their talents and capabilities; and
(3) the town of Nicodemus continues to be a viable African-
American community.
(b) Purposes.--The purposes of this title are--
(1) to preserve, protect, and interpret for the benefit and
enjoyment of present and future generations, the remaining
structures and locations that represent the history (including
the settlement and growth) of the town of Nicodemus, Kansas;
and
(2) to interpret the historical role of the town of
Nicodemus in the Reconstruction period in the context of the
experience of westward expansion in the United States.
SEC. 102. DEFINITIONS.
In this title:
(1) Historic site.--The term ``historic site'' means the
Nicodemus National Historic Site established by section 103.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.
(a) Establishment.--There is established the Nicodemus National
Historic Site in Nicodemus, Kansas.
(b) Description.--
(1) In general.--The historic site shall consist of the
First Baptist Church, the St. Francis Hotel, the Nicodemus
School District Number 1, the African Methodist Episcopal
Church, and the Township Hall located within the approximately
161.35 acres designated as the Nicodemus National Landmark in
the Township of Nicodemus, Graham County, Kansas, as registered
on the National Register of Historic Places pursuant to section
101 of the National Historic Preservation Act (16 U.S.C. 470a),
and depicted on a map entitled ``Nicodemus National Historic
Site'', numbered 80,000 and dated August 1994.
(2) Map and boundary description.--The map referred to in
paragraph (1) and an accompanying boundary description shall be
on file and available for public inspection in the office of
the Director of the National Park Service and any other office
of the National Park Service that the Secretary determines to
be an appropriate location for filing the map and boundary
description.
SEC. 104. ADMINISTRATION OF THE HISTORIC SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with--
(1) this title; and
(2) the provisions of law generally applicable to units of
the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of
August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et
seq.).
(b) Cooperative Agreements.--To further the purposes specified in
section 101(b), the Secretary may enter into a cooperative agreement
with any interested individual, public or private agency, organization,
or institution.
(c) Technical and Preservation Assistance.--
(1) In general.--The Secretary may provide to any eligible
person described in paragraph (2) technical assistance for the
preservation of historic structures of, the maintenance of the
cultural landscape of, and local preservation planning for, the
historic site.
(2) Eligible persons.--The eligible persons described in
this paragraph are--
(A) an owner of real property within the boundary
of the historic site, as described in section 103(b);
and
(B) any interested individual, agency,
organization, or institution that has entered into an
agreement with the Secretary pursuant to subsection
(b).
SEC. 105. ACQUISITION OF REAL PROPERTY.
(a) In General.--Subject to subsection (b), the Secretary is
authorized to acquire by donation, exchange, or purchase with funds
made available by donation or appropriation, such lands or interests in
lands as may be necessary to allow for the interpretation,
preservation, or restoration of the First Baptist Church, the St.
Francis Hotel, the Nicodemus School District Number 1, the African
Methodist Episcopal Church, or the Township Hall, as described in
section 103(b)(1), or any combination thereof.
(b) Limitations.--
(1) Acquisition of property owned by the state of kansas.--
Real property that is owned by the State of Kansas or a
political subdivision of the State of Kansas that is acquired
pursuant to subsection (a) may only be acquired by donation.
(2) Consent of owner required.--No real property may be
acquired under this section without the consent of the owner of
the real property.
SEC. 106. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than the last day of the third full
fiscal year beginning after the date of enactment of this Act, the
Secretary shall, in consultation with the officials described in
subsection (b), prepare a general management plan for the historic
site.
(b) Consultation.--In preparing the general management plan, the
Secretary shall consult with an appropriate official of each of the
following:
(1) The Nicodemus Historical Society.
(2) The Kansas Historical Society.
(3) Appropriate political subdivisions of the State of
Kansas that have jurisdiction over all or a portion of the
historic site.
(c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of
Representatives.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this title.
TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the New Bedford National Historic Landmark District and
associated historic sites as described in section 203(b) of
this title, including the Schooner Ernestina, are National
Historic Landmarks and are listed on the National Register of
Historic Places as historic sites associated with the history
of whaling in the United States;
(2) the city of New Bedford was the 19th century capital of
the world's whaling industry and retains significant
architectural features, archival materials, and museum
collections illustrative of this period;
(3) New Bedford's historic resources provide unique
opportunities for illustrating and interpreting the whaling
industry's contribution to the economic, social, and
environmental history of the United States and provide
opportunities for public use and enjoyment; and
(4) the National Park System presently contains no sites
commemorating whaling and its contribution to American history.
(b) Purposes.--The purposes of this title are--
(1) to help preserve, protect, and interpret the resources
within the areas described in section 203(b) of this title,
including architecture, setting, and associated archival and
museum collections;
(2) to collaborate with the city of New Bedford and with
local historical, cultural, and preservation organizations to
further the purposes of the park established under this title;
and
(3) to provide opportunities for the inspirational benefit
and education of the American people.
SEC. 202. DEFINITIONS.
For the purposes of this title:
(1) The term ``park'' means the New Bedford Whaling
National Historical Park established by section 203.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain districts structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related
social and economic themes in America, there is established the New
Bedford Whaling National Historical Park.
(b) Boundaries.--(1) The boundaries of the park shall be those
generally depicted on the map numbered NAR-P49-80000-4 and dated June
1994. Such map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. In case of any
conflict between the descriptions set forth in subparagraphs (A)
through (D) and such map, such map shall govern. The park shall include
the following:
(A) The area included within the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the National
Register of Historic Places and in the Massachusetts State
Register of Historic Places.
(B) The National Historic Landmark Schooner Ernestina, with
its home port in New Bedford.
(C) The land along the eastern boundary of the New Bedford
National Historic Landmark District over to the east side of
MacArthur Drive from the Route 6 overpass on the north to an
extension of School Street on the south.
(D) The land north of Elm Street in New Bedford, bounded by
Acushnet Avenue on the west, Route 6 (ramps) on the north,
MacArthur Drive on the east, and Elm Street on the south.
(2) In addition to the sites, areas and relics referred to in
paragraph (1) , the Secretary may assist in the interpretation and
preservation of each of the following:
(A) The southwest corner of the State Pier.
(B) Waterfront Park, immediately south of land adjacent to
the State Pier.
(C) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(D) The Wharfinger Building, located on Piers 3 and 4.
(E) The Bourne Counting House, located on Merrill's Wharf.
SEC. 204. ADMINISTRATION OF PARK.
(a) In General.--The park shall be administered by the Secretary in
accordance with this title and the provisions of law generally
applicable to units of the national park system, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3,
and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467).
(b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
(2) Any payment made by the Secretary pursuant to a cooperative
agreement under this subsection shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this title, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such project or the proportion of the increased
value of the project attributable to such funds as determined at the
time of such conversion, use, or disposal, whichever is greater.
(c) Non-Federal Matching Requirements.--(1) Funds authorized to be
appropriated to the Secretary for the purposes of--
(A) cooperative agreements under subsection (b) shall be
expended in the ratio of one dollar of Federal funds for each
four dollars of funds contributed by non-Federal sources; and
(B) construction, restoration, and rehabilitation of
visitor and interpretive facilities (other than annual
operation and maintenance costs) shall be expended in the ratio
of one dollar of Federal funds for each one dollar of funds
contributed by non-Federal sources.
(2) For the purposes of this subsection, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this title, any money so contributed. With the approval of
the Secretary, any donation of property, services, or goods from a non-
Federal source may be considered as a contribution of funds from a non-
Federal source for the purposes of this subsection.
(d) Acquisition of Real Property.--For the purposes of the park,
the Secretary may acquire only by donation lands, interests in lands,
and improvements thereon within the park.
(e) Other Property, Funds, and Services.--The Secretary may accept
donated funds, property, and services to carry out this title.
SEC. 205. GENERAL MANAGEMENT PLAN.
Not later than the end of the second fiscal year beginning after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park and shall implement such plan as soon as
practically possible. The plan shall be prepared in accordance with
section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and
other applicable law.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Except as provided in subsection (b), there are
authorized to be appropriated such sums as may be necessary to carry
out annual operations and maintenance with respect to the park.
(b) Exceptions.--In carrying out this title--
(1) not more than $2,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor and
interpretive facilities, and directional and visitor
orientation signage;
(2) none of the funds authorized to be appropriated by this
title may be used for the operation or maintenance of the
Schooner Ernestina; and
(3) not more than $50,000 annually of Federal funds may be
used for interpretive and educational programs for the Schooner
Ernestina pursuant to cooperative grants under section 204(b).
Passed the Senate May 2, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary. | TABLE OF CONTENTS:
Title I: Nicodemus National Historic Site
Title II: New Bedford National Historic Landmark District
Title I: Nicodemus National Historic Site
- Establishes the Nicodemus National Historic Site in Nicodemus, Kansas.
Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site.
Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site.
Authorizes appropriations.
Title II: New Bedford National Historic Landmark District
- Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs).
Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act. | A bill to establish the Nicodemus National Historic Site and the New Bedford National Historic Landmark. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Student Loans Affordable Act of
2013''.
SEC. 2. INTEREST RATE EXTENSION.
Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(7)(D)) is amended--
(1) in the matter preceding clause (i), by striking ``and
before July 1, 2013,'' and inserting ``and before July 1,
2014,''; and
(2) in clause (v), by striking ``and before July 1, 2013,''
and inserting ``and before July 1, 2014,''.
SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS.
(a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(B) Required distributions where employee dies
before entire interest is distributed.--
``(i) 5-year general rule.--A trust shall
not constitute a qualified trust under this
section unless the plan provides that, if an
employee dies before the distribution of the
employee's interest (whether or not such
distribution has begun in accordance with
subparagraph (A)), the entire interest of the
employee will be distributed within 5 years
after the death of such employee.
``(ii) Exception for eligible designated
beneficiaries.--If--
``(I) any portion of the employee's
interest is payable to (or for the
benefit of) an eligible designated
beneficiary,
``(II) such portion will be
distributed (in accordance with
regulations) over the life of such
eligible designated beneficiary (or
over a period not extending beyond the
life expectancy of such beneficiary),
and
``(III) such distributions begin
not later than 1 year after the date of
the employee's death or such later date
as the Secretary may by regulations
prescribe,
then, for purposes of clause (i) and except as
provided in clause (iv) or subparagraph
(E)(iii), the portion referred to in subclause
(I) shall be treated as distributed on the date
on which such distributions begin.
``(iii) Special rule for surviving spouse
of employee.--If the eligible designated
beneficiary referred to in clause (ii)(I) is
the surviving spouse of the employee--
``(I) the date on which the
distributions are required to begin
under clause (ii)(III) shall not be
earlier than the date on which the
employee would have attained age 70\1/
2\, and
``(II) if the surviving spouse dies
before the distributions to such spouse
begin, this subparagraph shall be
applied as if the surviving spouse were
the employee.
``(iv) Rules upon death of eligible
designated beneficiary.--If an eligible
designated beneficiary dies before the portion
of an employee's interest described in clause
(ii) is entirely distributed, clause (ii) shall
not apply to any beneficiary of such eligible
designated beneficiary and the remainder of
such portion shall be distributed within 5
years after the death of such beneficiary.''.
(b) Definition of Eligible Designated Beneficiary.--Section
401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(E) Definitions and rules relating to designated
beneficiary.--For purposes of this paragraph--
``(i) Designated beneficiary.--The term
`designated beneficiary' means any individual
designated as a beneficiary by the employee.
``(ii) Eligible designated beneficiary.--
The term `eligible designated beneficiary'
means, with respect to any employee, any
designated beneficiary who, as of the date of
death of the employee, is--
``(I) the surviving spouse of the
employee,
``(II) subject to clause (iii), a
child of the employee who has not
reached majority (within the meaning of
subparagraph (F)),
``(III) disabled (within the
meaning of section 72(m)(7)),
``(IV) a chronically ill individual
(within the meaning of section
7702B(c)(2), except that the
requirements of subparagraph (A)(i)
thereof shall only be treated as met if
there is a certification that, as of
such date, the period of inability
described in such subparagraph with
respect to the individual is an
indefinite one that is reasonably
expected to be lengthy in nature), or
``(V) an individual not described
in any of the preceding subparagraphs
who is not more than 10 years younger
than the employee.
``(iii) Special rule for children.--Subject
to subparagraph (F), an individual described in
clause (ii)(II) shall cease to be an eligible
designated beneficiary as of the date the
individual reaches majority and the requirement
of subparagraph (B)(i) shall not be treated as
met with respect to any remaining portion of an
employee's interest payable to the individual
unless such portion is distributed within 5
years after such date.''.
(c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
clause:
``(v) Employees becoming 5-percent owners
after age 70\1/2\.--If an employee becomes a 5-
percent owner (as defined in section 416) with
respect to a plan year ending in a calendar
year after the calendar year in which the
employee attains age 70\1/2\, then clause
(i)(II) shall be applied by substituting the
calendar year in which the employee became such
an owner for the calendar year in which the
employee retires.''.
(d) Effective Dates.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to distributions
with respect to employees who die after December 31, 2013.
(2) Required beginning date.--
(A) In general.--The amendment made by subsection
(c) shall apply to employees becoming a 5-percent owner
with respect to plan years ending in calendar years
beginning before, on, or after the date of the
enactment of this Act.
(B) Special rule.--If--
(i) an employee became a 5-percent owner
with respect to a plan year ending in a
calendar year which began before January 1,
2013, and
(ii) the employee has not retired before
calendar year 2014,
such employee shall be treated as having become a 5-
percent owner with respect to a plan year ending in
2013 for purposes of applying section 401(a)(9)(C)(v)
of the Internal Revenue Code of 1986 (as added by the
amendment made by subsection (c)).
(3) Exception for certain beneficiaries.--If a designated
beneficiary of an employee who dies before January 1, 2014,
dies after December 31, 2013--
(A) the amendments made by this section shall apply
to any beneficiary of such designated beneficiary, and
(B) the designated beneficiary shall be treated as
an eligible designated beneficiary for purposes of
applying section 401(a)(9)(B)(iv) of such Code (as in
effect after the amendments made by this section).
(4) Exception for certain existing annuity contracts.--
(A) In general.--The amendments made by this
section shall not apply to a qualified annuity which is
a binding annuity contract in effect on the date of the
enactment of this Act and at all times thereafter.
(B) Qualified annuity contract.--For purposes of
this paragraph, the term ``qualified annuity'' means,
with respect to an employee, an annuity--
(i) which is a commercial annuity (as
defined in section 3405(e)(6) of such Code) or
payable by a defined benefit plan,
(ii) under which the annuity payments are
substantially equal periodic payments (not less
frequently than annually) over the lives of
such employee and a designated beneficiary (or
over a period not extending beyond the life
expectancy of such employee or the life
expectancy of such employee and a designated
beneficiary) in accordance with the regulations
described in section 401(a)(9)(A)(ii) of such
Code (as in effect before such amendments) and
which meets the other requirements of this
section 401(a)(9) of such Code (as so in
effect) with respect to such payments, and
(iii) with respect to which--
(I) annuity payments to the
employee have begun before January 1,
2014, and the employee has made an
irrevocable election before such date
as to the method and amount of the
annuity payments to the employee or any
designated beneficiaries, or
(II) if subclause (I) does not
apply, the employee has made an
irrevocable election before the date of
the enactment of this Act as to the
method and amount of the annuity
payments to the employee or any
designated beneficiaries. | Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act. | Keep Student Loans Affordable Act of 2013 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Grow Research
Opportunities With Taxcredits' Help Act'' or ``GROWTH Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EXTENSION OF RESEARCH CREDIT; INCREASE IN ALTERNATIVE
SIMPLIFIED RESEARCH CREDIT.
(a) Extension of Credit.--
(1) In general.--Subparagraph (B) of section 41(h)(1) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(2) Conforming amendment.--Subparagraph (D) of section
45C(b)(1) is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2009.
(b) Alternative Simplified Research Credit Increased.--
(1) Increased credit.--Paragraph (5) of section 41(c)
(relating to election of alternative simplified credit) is
amended--
(A) by striking ``14 percent (12 percent in the
case of taxable years ending before January 1, 2009)''
in subparagraph (A) and inserting ``20 percent'', and
(B) by striking ``6 percent'' in subparagraph
(B)(ii) and inserting ``10 percent''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 3. MODIFICATION OF RESEARCH CREDIT AFTER 2010.
(a) Simplified Credit for Qualified Research Expenses.--Subsection
(a) of section 41 is amended to read as follows:
``(a) General Rule.--
``(1) Credit determined.--For purposes of section 38, the
research credit determined under this section for the taxable
year shall be an amount equal to 20 percent of so much of the
qualified research expenses for the taxable year as exceeds 50
percent of the average qualified research expenses for the 3
taxable years preceding the taxable year for which the credit
is being determined.
``(2) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(A) Taxpayers to which paragraph applies.--The
credit under this section shall be determined under
this paragraph if the taxpayer has no qualified
research expenses in any one of the 3 taxable years
preceding the taxable year for which the credit is
being determined.
``(B) Credit rate.--The credit determined under
this paragraph shall be equal to 10 percent of the
qualified research expenses for the taxable year.''.
(b) Conforming Amendments.--
(1) Termination of base amount calculation.--Section 41 is
amended by striking subsection (c) and redesignating subsection
(d) as subsection (c).
(2) Termination of basic research payment calculation.--
Section 41 is amended by striking subsection (e) and
redesignating subsections (f) and (g) as subsections (d) and
(e), respectively.
(3) Special rules.--
(A) Paragraph (1)(A)(ii) of subsection (d) of
section 41, as so redesignated, is amended by striking
``shares of the qualified research expenses, basic
research payments, and amounts paid or incurred to
energy research consortiums,'' and inserting ``share of
the qualified research expenses''.
(B) Paragraph (1)(B)(ii) of section 41(d), as so
redesignated, is amended by striking ``shares of the
qualified research expenses, basic research payments,
and amounts paid or incurred to energy research
consortiums,'' and inserting ``share of the qualified
research expenses''.
(C) Paragraph (3) of section 41(d), as so
redesignated, is amended--
(i) by striking ``, and the gross receipts
of the taxpayer'' and all that follows in
subparagraph (A) and inserting a period,
(ii) by striking ``, and the gross receipts
of the taxpayer'' and all that follows in
subparagraph (B) and inserting a period, and
(iii) by striking subparagraph (C).
(D) Paragraph (4) of section 41(d), as so
redesignated, is amended by striking ``and gross
receipts''.
(E) Subsection (d) of section 41, as so
redesignated, is amended by striking paragraph (6).
(4) Permanent extension.--
(A) Section 41 is amended by striking subsection
(h).
(B) Paragraph (1) of section 45C(b) is amended by
striking subparagraph (D).
(5) Cross-references.--
(A) Paragraphs (2)(A) and (4) of section 41(b) are
each amended by striking ``subsection (f)(1)'' and
inserting ``subsection (d)(1)''.
(B) Paragraph (2) of section 45C(c) is amended by
striking ``base period research expenses'' and
inserting ``average qualified research expenses''.
(C) Paragraph (3) of section 45C(d) is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(D) Paragraph (2) of section 45G(e) is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(E) Subsection (g) of section 45O is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(F) Subparagraph (A) of section 54(l)(3) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(G) Clause (i) of section 170(e)(4)(B) is amended
to read as follows:
``(i) the contribution is to a qualified
organization,''.
(H) Paragraph (4) of section 170(e) is amended by
adding at the end the following new subparagraph:
``(E) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means--
``(i) any educational organization which--
``(I) is an institution of higher
education (within the meaning of
section 3304(f)), and
``(II) is described in subsection
(b)(1)(A)(ii), or
``(ii) any organization not described in
clause (i) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a),
``(II) is organized and operated
primarily to conduct scientific
research, and
``(III) is not a private
foundation.''.
(I) Subsection (f) of section 197 is amended by
striking ``section 41(f)(1)'' each place it appears in
paragraphs (1)(C) and (9)(C)(i) and inserting ``section
41(d)(1)''.
(J) Section 280C is amended--
(i) by striking ``41(f)'' each place it
appears in subsection (b)(3) and inserting
``41(d)'',
(ii) by striking ``or basic research
expenses (as defined in section 41(e)(2))'' in
subsection (c)(1),
(iii) by striking ``section 41(a)(1)'' in
subsection (c)(2)(A) and inserting ``section
41(a)'', and
(iv) by striking ``or basic research
expenses'' in subsection (c)(2)(B).
(K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is
amended by striking ``section 41(f)'' and inserting
``section 41(d)''.
(L) Subparagraph (D) of section 936(j)(5) is
amended by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(M) Clause (i) of section 965(c)(2)(C) is amended
by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(N) Clause (i) of section 1400N(l)(7)(B) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(c) Technical Corrections.--Section 409 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (i)(1)(A),
(4) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (m),
(5) by inserting ``(as so in effect)'' after ``section
48(n)(1)'' in subsection (m),
(6) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 48(n)'' in
subsection (q)(1), and
(7) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41'' in
subsection (q)(3).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2010.
(2) Technical corrections.--The amendments made by
subsection (c) shall take effect on the date of the enactment
of this Act. | Grow Research Opportunities With Taxcredits' Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) extend the tax credit for increasing research activities through 2010; (2) modify the rate of such credit and make such modified credit permanent after 2010; and (3) increase to 20% the rate of the alternative simplified research tax credit after 2010. | A bill to amend the Internal Revenue Code of 1986 to extend the research credit through 2010 and to increase and make permanent the alternative simplified research credit, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Troop Talent Act of 2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Bureau of Labor Statistics, the
unemployment rate for recent veterans of military operations in
Iraq and Afghanistan was 9.4 percent in February 2013, compared
with 7.6 percent in February 2012.
(2) With the unemployment rate among such veterans higher
than the national average and the number of veterans receiving
unemployment benefits doubling since 2002, there is a
significant need to assist members of the Armed Forces as they
transition to the civilian workforce.
(3) In order to remain competitive in the civilian
employment market, members of the Armed Forces and veterans
require information about how their military skill sets
translate to the requirements of the civilian workforce.
Members of the Armed Forces currently receive insufficient or
inadequate information during their training for military
occupational specialties on translating skills obtained during
such training to civilian occupations and credentials.
(4) In addition, there is a need for enhanced access by
accredited credentialing agencies to military training
curricula in order to facilitate and enhance the correlation
between military training and applicable civilian credentialing
courses and exams.
(5) The information technology sector is one of the fastest
growing industries, with tremendous job growth and demand for
talented, qualified individuals. The information technology
sector has an unemployment rate of 3.5 percent according to a
Bureau of Labor Statistics report from February 2013.
(6) The Bureau of Labor Statistics projects a need for
110,000 computer support specialists over the next decade.
Currently, the size of the information technology workforce in
the Armed Forces is about 160,000 members.
SEC. 3. ENHANCEMENT OF MECHANISMS TO CORRELATE SKILLS AND TRAINING FOR
MILITARY OCCUPATIONAL SPECIALTIES WITH SKILLS AND
TRAINING REQUIRED FOR CIVILIAN CERTIFICATIONS AND
LICENSES.
(a) Improvement of Information Available to Members of the Armed
Forces About Correlation.--
(1) In general.--The Secretaries of the military
departments, in coordination with the Under Secretary of
Defense for Personnel and Readiness, shall, to the maximum
extent practicable, make information on civilian credentialing
opportunities available to members of the Armed Forces
beginning with, and at every stage of, training of members for
military occupational specialties, in order to permit members--
(A) to evaluate the extent to which such training
correlates with the skills and training required in
connection with various civilian certifications and
licenses; and
(B) to assess the suitability of such training for
obtaining or pursuing such civilian certifications and
licenses.
(2) Coordination with transition goals plans success
program.--Information shall be made available under paragraph
(1) in a manner consistent with the Transition Goals Plans
Success (GPS) program.
(3) Types of information.--The information made available
under paragraph (1) shall include, but not be limited to, the
following:
(A) Information on the civilian occupational
equivalents of military occupational specialties (MOS).
(B) Information on civilian license or
certification requirements, including examination
requirements.
(C) Information on the availability and
opportunities for use of educational benefits available
to members of the Armed Forces, as appropriate,
corresponding training, or continuing education that
leads to a certification exam in order to provide a
pathway to credentialing opportunities.
(4) Use and adaptation of certain programs.--In making
information available under paragraph (1), the Secretaries of
the military departments may use and adapt appropriate portions
of the Credentialing Opportunities On-Line (COOL) programs of
the Army and the Navy and the Credentialing and Educational
Research Tool (CERT) of the Air Force.
(b) Improvement of Access of Accredited Civilian Credentialing
Agencies to Military Training Content.--
(1) In general.--The Secretaries of the military
departments, in coordination with the Under Secretary of
Defense for Personnel and Readiness, shall, to the maximum
extent practicable consistent with national security
requirements, make available to accredited civilian
credentialing agencies that issue certifications or licenses,
upon request of such agencies, information such as military
course training curricula, syllabi, and materials, levels of
military advancement attained, and professional skills
developed.
(2) Central repository.--The actions taken pursuant to
paragraph (1) may include the establishment of a central
repository of information on training and training materials
provided members in connection with military occupational
specialties that is readily accessible by accredited civilian
credentialing agencies described in that paragraph in order to
meet requests described in that paragraph.
SEC. 4. USE OF EDUCATIONAL ASSISTANCE FOR COURSES IN PURSUIT OF
CIVILIAN CERTIFICATIONS OR LICENSES.
(a) Courses Under Department of Defense Educational Assistance
Authorities.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2015 the following
new section:
``Sec. 2015a. Civilian certifications and licenses: use of educational
assistance for courses in pursuit of civilian
certifications or licenses
``(a) Limitation on Use of Assistance.--In the case of a member of
the armed forces who is enrolled in an educational institution in a
State for purposes of obtaining employment in an occupation or
profession requiring the approval or licensure of a board or agency of
that State, educational assistance specified in subsection (b) may be
used by the member for a course offered by the educational institution
that is a required element of the curriculum to be satisfied to obtain
employment in that occupation or profession only if--
``(1) the successful completion of the curriculum fully
qualifies a student to--
``(A) take any examination required for entry into
the occupation or profession, including satisfying any
State or professionally mandated programmatic and
specialized accreditation requirements; and
``(B) be certified or licensed or meet any other
academically related pre-conditions that are required
for entry into the occupation or profession; and
``(2) in the case of State licensing or professionally
mandated requirements for entry into the occupation or
profession that require specialized accreditation, the
curriculum meets the requirement for specialized accreditation
through its accreditation or pre-accreditation by an
accrediting agency or association recognized by the Secretary
of Education or designated by that State as a reliable
authority as to the quality or training offered by the
institution in that program.
``(b) Covered Educational Assistance.--The educational assistance
specified in this subsection is educational assistance as follows:
``(1) Educational assistance for members of the armed
forces under section 2007 and 2015 of this title.
``(2) Educational assistance for persons enlisting for
active duty under chapter 106A of this title.
``(3) Educational assistance for members of the armed
forces held as captives under section 2183 of this title.
``(4) Educational assistance for members of the Selected
Reserve under chapter 1606 of this title.
``(5) Educational assistance for reserve component members
supporting contingency operations and other operations under
chapter 1607 of this title.
``(6) Such other educational assistance provided members of
the armed forces under the laws administered by the Secretary
of Defense or the Secretaries of the military departments as
the Secretary of Defense shall designate for purposes of this
section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by inserting
after the item relating to section 2015 the following new item:
``2015a. Civilian certifications and licenses: use of educational
assistance for courses in pursuit of
civilian certifications or licenses.''.
(b) Courses Under Educational Assistance Authorities Administered
by Secretary of Veterans Affairs.--Section 3679 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(c) A course offered by an educational institution in a State
that is a required element of the curriculum to be satisfied to obtain
employment in an occupation or profession requiring the approval or
licensure of a board or agency of that State may be treated as approved
for purposes of this chapter by an individual seeking to obtain
employment in that occupation or profession only if--
``(1) the successful completion of the curriculum fully
qualifies a student to--
``(A) take any examination required for entry into
the occupation or profession, including satisfying any
State or professionally mandated programmatic and
specialized accreditation requirements; and
``(B) be certified or licensed or meet any other
academically related pre-conditions that are required
for entry into the occupation or profession; and
``(2) in the case of State licensing or professionally
mandated requirements for entry into the occupation or
profession that require specialized accreditation, the
curriculum meets the requirement for specialized accreditation
through its accreditation or pre-accreditation by an
accrediting agency or association recognized by the Secretary
of Education or designated by that State as a reliable
authority as to the quality or training offered by the
institution in that program.''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2014, and shall apply with respect to courses
pursued on or after that date.
SEC. 5. COVERAGE OF MILITARY OCCUPATIONAL SPECIALTIES RELATING TO
MILITARY INFORMATION TECHNOLOGY UNDER PILOT PROGRAM ON
RECEIPT OF CIVILIAN CREDENTIALS FOR SKILLS REQUIRED FOR
MILITARY OCCUPATIONAL SPECIALTIES.
The military occupational specialties designated for purposes of
the pilot program on receipt of civilian credentials for skills
required for military occupational specialties under section 558 of the
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2015
note) shall include military occupational specialties relating to the
military information technology workforce.
SEC. 6. REVIVAL OF PROFESSIONAL CERTIFICATION AND LICENSURE ADVISORY
COMMITTEE OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall
reestablish the Professional Certification and Licensure Advisory
Committee of the Department of Veterans Affairs provided for under
section 3689(e) of title 38, United States Code. The Committee shall be
reestablished in accordance with the provisions of such section
3689(e), as amended by subsection (b), and shall carry out its duties
in conformance with, and subject to the requirements of such section,
as so amended.
(b) Modification of Authorities and Requirements.--Section 3689(e)
of title 38, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by adding at the end the following new
subparagraph:
``(B) In addition to the duties under subparagraph (A), the
Committee shall--
``(i) develop, in coordination with other appropriate
agencies, guidance to be used by the Department or other
entities to perform periodic audits of licensure and
certification programs to ensure the highest quality education
is available to veterans and members of the Armed Forces; and
``(ii) develop, in coordination with the Department of
Defense, appropriate certification agencies, and other
appropriate non-profit organizations, a plan to improve
outreach to veterans and members of the Armed Forces on the
importance of licensing and certification, as well as
educational benefits available to them.'';
(2) in paragraph (3)(B), by striking ``and the Secretary of
Defense'' and inserting ``the Secretary of Defense, and the
Secretary of Education'';
(3) in paragraph (4), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) The Committee shall meet with such frequency as the Committee
determines appropriate.''; and
(4) in paragraph (5), by striking ``December 31, 2006'' and
inserting ``December 31, 2019''.
(c) Report.--Not later than 180 days after the date of the
reestablishment of the Professional Certification and Licensure
Advisory Committee of the Department of Veterans Affairs pursuant to
this section, the Committee shall submit to Congress a report setting
forth an assessment of the feasibility and advisability of permitting
members of the Armed Forces to use educational assistance to which they
are entitled under chapters 30 and 33 of title 38, United States Code,
to obtain or pursue civilian employment certifications or licenses
without the use of such assistance for that purpose being charged
against the entitlement of such members to such educational assistance. | Troop Talent Act of 2013 - Directs the Secretaries of the military departments, to the maximum extent practicable, to make information on civilian credentialing opportunities available to members of the Armed Forces (members) beginning with, and at every stage of, their training for military occupational specialities, in order to permit such members to: (1) evaluate the extent to which such training correlates with skills and training required for various civilian certifications and licenses, and (2) assess the suitability of such training for obtaining and pursuing such certifications and licenses. Requires the information made available to: (1) be consistent with the Transition Goals Plans Success program, and (2) include information on the civilian occupational equivalents of military occupational specialties. Requires such Secretaries to make available to civilian credentialing agencies specified information on the content of military training provided to members. Allows members or veterans to use educational assistance provided through the Department of Defense (DOD) or the Department of Veterans Affairs (VA) in pursuit of a civilian certification or license only if the successful completion of a curriculum fully qualifies such student to take the appropriate examination and be certified or licensed to meet any other academic conditions required for entry into that occupation or profession. Requires the military occupational specialties designated for a military skills to civilian credentialing pilot program under the National Defense Authorization Act for Fiscal Year 2012 to include those specialties relating to the military information technology workforce. Directs the VA Secretary to reestablish the Professional Certification and Licensure Advisory Committee (under current law, terminated on December 31, 2006). Provides additional Committee duties, including the development of: (1) guidance for audits of licensure and certification programs in order to ensure high-quality education to members and veterans, and (2) a plan to improve outreach to members and veterans on the importance of licensing and certification and the availability of educational benefits. | Troop Talent Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitiveness Tax Credit Act''.
SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER
PRODUCTIVE EQUIPMENT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(4) the manufacturing and other productive equipment
credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end the following new subsection:
``(c) Manufacturing and Other Productive Equipment Credit.--
``(1) In general.--For purposes of section 46, the
manufacturing and other productive equipment credit for any
taxable year is an amount equal to the sum of--
``(A) the domestic equipment credit, and
``(B) the nondomestic equipment credit.
``(2) Amount of domestic and nondomestic equipment
credits.--For purposes of this subsection--
``(A) Domestic equipment credit.--
``(i) In general.--The domestic equipment
credit for any taxable year is 10 percent of
the amount equal to the product of--
``(I) the domestic equipment ratio,
and
``(II) the qualified increase
amount.
``(ii) Domestic equipment ratio.--The
domestic equipment ratio for any taxable year
is a fraction in which--
``(I) the numerator is the
aggregate bases of the qualified
manufacturing and other productive
equipment properties placed in service
during such taxable year which are of
domestic origin, and
``(II) the denominator is the
aggregate bases of all qualified
manufacturing and other productive
equipment properties placed in service
during such taxable year.
``(B) Nondomestic equipment credit.--
``(i) In general.--The nondomestic
equipment credit for any taxable year is 7
percent of the amount equal to the product of--
``(I) the nondomestic equipment
ratio, and
``(II) the qualified increase
amount.
``(ii) Nondomestic equipment ratio.--The
nondomestic equipment ratio for any taxable
year is a fraction in which--
``(I) the numerator is the
aggregate bases of the qualified
manufacturing and other productive
equipment properties placed in service
during such taxable year which are not
of domestic origin, and
``(II) the denominator is the
aggregate bases of all qualified
manufacturing and other productuve
equipment properties placed in service
during such taxable year.
``(C) Determination of domestic origin.--
``(i) In general.--Property shall be
treated as being of domestic origin only if--
``(I) the property was completed in
the United States, and
``(II) at least 50 percent of the
basis of the property is attributable
to value added within the United
States.
``(ii) United states.--The term `United
States' includes the Commonwealth of Puerto
Rico and the possessions of the United States.
``(3) Qualified manufacturing and other productive
equipment property.--For purposes of this subsection--
``(A) In general.--The term `qualified
manufacturing and other productive equipment property'
means any property--
``(i) which is used as an integral part of
the manufacture or production of tangible
personal property and increases the efficiency
of the manufacturing or production process;
``(ii) which is tangible property to which
section 168 applies, other than 3-year property
(within the meaning of section 168(e)),
``(iii) which is section 1245 property (as
defined in section 1245(a)(3)), and
``(iv)(I) the construction, reconstruction,
or erection of which is completed by the
taxpayer, or
``(II) which is acquired by the taxpayer,
if the original use of such property commences
with the taxpayer.
``(B) Special rule for computer software.--In the
case of any computer software--
``(i) which is used to control or monitor a
manufacturing or production process,
``(ii) which increases the efficiency of
the manufacturing or production process, and
``(iii) with respect to which depreciation
(or amortization in lieu of depreciation) is
allowable,
such software shall be treated as qualified
manufacturing and other productive equipment property.
``(4) Qualified increase amount.--For purposes of this
subsection--
``(A) In general.--The term `qualified increase
amount' means the excess (if any) of--
``(i) the aggregate bases of qualified
manufacturing and other productive equipment
properties placed in service during the taxable
year, over
``(ii) the base amount.
``(B) Base amount.--The term `base amount' means
the product of--
``(i) the fixed-base percentage, and
``(ii) the average annual gross receipts of
the taxpayer for the 4 taxable years preceding
the taxable year for which the credit is being
determined (in this subsection referred to as
the `credit year').
``(C) Minimum base amount.--In no event shall the
base amount be less than 50 percent of the amount
determined under subparagraph (A)(i).
``(D) Fixed-base percentage.--
``(i) In general.--The fixed-base
percentage is the percentage which the
aggregate amounts described in subparagraph
(A)(i) for taxable years beginning after
December 31, 1987, and before January 1, 1993,
is of the aggregate gross receipts of the
taxpayer for such taxable years.
``(ii) Rounding.--The percentages
determined under clause (i) shall be rounded to
the nearest \1/100\ of 1 percent.
``(E) Other rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 41(c) shall apply for
purposes of this paragraph.
``(5) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(6) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsections (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.
``(7) Termination date.--This subsection shall not apply to
any property placed in service after the expiration of the 2-
year period beginning on the date of the enactment of this
Act.''
(c) Technical Amendments.--
(1) Clause (ii) of section 49(a)(1)(C) of such Code is
amended by inserting ``or qualified manufacturing and other
productive equipment property'' after ``energy property''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(6)'' before the period at the
end.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to--
(1) property acquired by the taxpayer after the date of the
enactment of this Act, and
(2) property the construction, reconstruction, or erection
of which is completed by the taxpayer after the date of the
enactment of this Act, but only to the extent of the basis
thereof attributable to construction, reconstruction, or
erection after such date. | Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property.
Makes such credit applicable for the two-year period beginning on the date of enactment of this Act. | Competitiveness Tax Credit Act |