SECTION 1. SHORT TITLE. This Act may be cited as the ``Stadium Financing and Franchise Relocation Act of 1999''. SEC. 2. EXPANSION, MODIFICATION, AND CLARIFICATION OF ANTITRUST EXEMPTIONS. (a) Definitions.--Section 5 of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1295) is amended to read as follows: ``SEC. 5. DEFINITIONS. ``In this Act: ``(1) Antitrust laws.--The term `antitrust laws'-- ``(A) means antitrust laws, as that term is defined in section 1 of the Clayton Act (15 U.S.C. 12); and ``(B) includes antitrust Acts, as that term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). ``(2) Construction.--With respect to a playing facility, the term `construction' means the construction of a playing facility that is not in existence at the commencement of the construction. ``(3) Local governmental entity.--The term `local governmental entity' means-- ``(A) a State; or ``(B) a county, city or other unit of local government. ``(4) Person.--The term `person' means any individual, partnership, corporation, or unincorporated association, or any combination or association thereof. ``(5) Playing facility.--The term `playing facility' means a stadium or ballpark designed to seat a minimum of 35,000 spectators. ``(6) Renovation.--With respect to a playing facility, the term `renovation' means the renovation of an existing playing facility. ``(7) Sponsored telecasting.--The term `sponsored telecasting'-- ``(A) except as provided in subparagraph (B), includes all over-the-air, cable and satellite transmissions; and ``(B) does not include pay-per-view broadcasts.''. (b) Expansion, Modification, and Clarification of Exemptions.--The first section of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1291) is amended to read as follows: ``SECTION 1. EXEMPTIONS FROM ANTITRUST LAWS OF AGREEMENTS COVERING THE TELECASTING OF SPORTS CONTESTS, THE COMBINING OF PROFESSIONAL FOOTBALL LEAGUES AND THE RELOCATION OF SPORTS FRANCHISES. ``(a) Exemptions.-- ``(1) In general.--Subject to subsection (b), the antitrust laws shall not apply to any joint agreement described in paragraph (2). ``(2) Joint agreements described.--A joint agreement described in this paragraph is a joint agreement-- ``(A) by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey, by which any league of clubs participating in that professional sport sells or otherwise transfers all or any part of the rights of the member clubs of that league in the sponsored telecasting of the games of that professional sport that are engaged in or conducted by those member clubs; ``(B) by which the member clubs of 2 or more professional football leagues described in section 501(c)(6) of the Internal Revenue Code of 1986 and that are exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 combine their operations in an expanded single league that is exempt from income tax by reason of such section 501(a), if that agreement-- ``(i) increases the number of professional football clubs operating; and ``(ii) contains provisions that are directly relevant to the combination of operations for such an expanded single league; or ``(C) by which any league of clubs participating in a professional sport referred to in subparagraph (A) denies a member club the right to transfer the location of the franchise of that member club. ``(b) Conditions on Exemptions.-- ``(1) In general.--The exemption under subsection (a) for a joint agreement described in subsection (a)(2)(A) shall apply, with respect to a football league or major league baseball league only if the league of football or major league baseball clubs involved-- ``(A) agrees-- ``(i) to meet the requirement under paragraph (2); ``(ii) not later than 90 days after the date of enactment of the Stadium Financing and Franchise Relocation Act of 1999, to establish a special trust fund into which the league will deposit an amount equal to 10 percent of the amounts received under that joint agreement for the sale or transfer of the rights in sponsored telecasting of the games of the professional sport of that league in the United States, on the condition that any funds in the trust fund that are not obligated during the 10-year period beginning on the date on which those funds are deposited in that trust fund shall be withdrawn from that trust fund and treated as gross revenues of the league; ``(iii) to use the amounts in the trust fund established under clause (ii) only for financing, in accordance with this section, the construction or renovation of playing facilities from which games of the teams of that league will be televised; and ``(iv) to make available to a local governmental entity, upon request of that entity, from the amounts in the trust fund established under clause (ii), assistance for the cost of the construction or renovation of playing facilities to be used by a member club in that league (if that construction or renovation was not completed prior to the date of introduction of the Stadium Financing and Franchise Relocation Act of 1999), up to a maximum of one-half of that cost, if-- ``(I) the local governmental entity makes a commitment, under a lease or other written agreement entered into between the member club involved and the local governmental entity, to provide funds in an amount equal to at least one-half of the amount of funds to be provided for that purpose by the league; and ``(II) the amounts requested by the local governmental entity are available or become available for obligation from the trust fund established under clause (ii); and ``(B) not later than the date specified in subparagraph (A)(ii), notifies the Attorney General that the league will establish a trust fund in accordance with subparagraph (A). ``(2) Additional requirement.--If a league establishes a trust fund under paragraph (1)(A), as a condition to receiving an exemption under subsection (a)(2)(A), the league shall exclude the amounts deposited in the trust fund from designation as defined gross revenues of the league, or as any other similar designation that describes revenues that are to be shared by the member clubs or the players of the league. ``(3) Major league baseball.-- ``(A) In general.--The requirements of paragraphs (1) and (2) shall apply to a league of major league baseball clubs in the same manner as they apply to a league of professional football clubs. ``(B) Other exemptions.--Nothing in this subsection is intended to affect any exemption from the antitrust laws that may apply to major league baseball with respect to activities that are not covered under this Act.''. (c) Technical and Conforming Amendments.-- (1) Area telecasting restriction limitation.--Section 2 of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1292) is amended-- (A) by striking ``Sec. 2. Section'' and inserting the following: ``SEC. 2. AREA TELECASTING RESTRICTION LIMITATION. ``Section''; and (B) by striking ``described in the first sentence of such section'' and inserting ``described in subsection (a)(2) of that section''. (2) Intercollegiate and interscholastic football consent limitations.--Section 3 of Public Law 87-331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1293) is amended by striking ``Sec. 3. The first sentence of section 1 of this Act'' and inserting the following: ``SEC. 3. INTERCOLLEGIATE AND INTERSCHOLASTIC FOOTBALL CONSENT LIMITATIONS. ``The exemption under section 1(a)''. (3) Statutory construction.--Section 4 of Public Law 87- 331, commonly known as the ``Sports Broadcasting Act'' (15 U.S.C. 1293) is amended by striking ``Sec. 4. Nothing'' and inserting the following: ``SEC. 4. STATUTORY CONSTRUCTION. ``Nothing''.

Summary: Stadium Financing and Franchise Relocation Act of 1999 - Rewrites the Sports Broadcasting Act to exempt from the antitrust laws any joint agreement: (1) by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey by which any league of clubs participating in that professional sport sells or otherwise transfers all or part of the rights of that league's member clubs in the sponsored telecasting of games; (2) by which the member clubs of two or more professional football leagues that are exempt from taxation combine their operations in an expanded single league that is exempt from income tax, if that agreement increases the number of professional football clubs operating and contains provisions that are directly relevant to the combination of operations for such league; or (3) by which any league of clubs participating in such a professional sport denies a member club the right to transfer the location of the franchise of that member club. Conditions the exemption, with respect to a football league or major league baseball league, on the football league or major league baseball clubs involved agreeing to meet specified requirements, including the establishment of a special trust fund into which the league will deposit ten percent of the amounts received under the joint agreement for the sale or transfer of the rights in sponsored telecasting of games to finance the construction or renovation of playing facilities, upon request of a local governmental entity.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonias Improvement Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered program.--The term ``covered program'' means-- (A) water and waste facility loans and grants under section 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c); (B) wastewater assistance to colonias under section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note; Public Law 104-182); (C) drinking water assistance to colonias under section 1456 of the Public Health Service Act (42 U.S.C. 300j-16); (D) housing assistance under section 509(f) of the Housing Act of 1949 (42 U.S.C. 1479(f)); (E) community development block grant assistance under section 916 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 5306 note; Public Law 101-625); (F) assistance under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (G) any other program of the Environmental Protection Agency, the Department of Housing and Urban Development, or the Department of Agriculture that specifically includes assistance for colonias, as determined by the Administrator. SEC. 3. REVISED DEFINITION. (a) Revised Definition Required.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Housing and Urban Development and the Secretary of Agriculture, shall issue a proposed rule containing a definition of the term ``colonia'' that-- (1) is the same for each covered program, to the extent consistent with the provisions of law described in subparagraphs (A) through (F) of section 2(2) and the requirements of any program described in subparagraph (G) of such section 2(2); (2) is limited to a community that-- (A) is located within 75 miles of the border between the United States and Mexico; or (B) has applied for or received funding under a covered program before the date of enactment of this Act; (3) reflects and preserves the historic, geographic, and cultural character of the communities served by the covered programs; and (4) may be used to determine whether an applicant qualifies for assistance under any covered program. (b) Exemptions.--The rule issued under subsection (a) may include a process by which the Administrator may request a limited exemption from the application of the revised definition to a covered program. (c) Final Rule.--The Administrator shall ensure that the final rule under subsection (a) takes effect not later than 1 year after the date of enactment of this Act. SEC. 4. WEBPAGE. The Administrator, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish and regularly update a webpage that-- (1) serves as a clearinghouse for information relating to the covered programs; and (2) includes links to information specific to each State in which a covered program operates, including local contact information. SEC. 5. WORKING GROUP. (a) Establishment.--The Administrator shall establish a working group that includes the Secretary of Housing and Urban Development and the Secretary of Agriculture-- (1) to review covered programs; (2) to record information relating to each award that is and has been made under a covered program; (3) to hold public hearings relating to covered programs; and (4) to make recommendations to Congress for improvements to covered programs, including improvements-- (A) that address the economic and social development of colonias; and (B) to the application process for covered programs. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes-- (1) the results of the review under subsection (a)(1); (2) a summary of the information recorded under subsection (a)(2); (3) the recommendations under subsection (a)(3); (4) a plan to include transportation planning and health considerations in covered programs; (5) a survey of needs that are not met by covered programs; (6) a plan to develop key indicators for living standards in communities served by covered programs, including health, education, and housing conditions; (7) proposed metrics for tracking the success of covered programs and identifying areas for the improvement of covered programs; and (8) any other applicable information, as determined by the Administrator. SEC. 6. CULTURAL SENSITIVITY. The Administrator, and any person working with the Administrator to carry out a covered program, shall make every effort-- (1) to carry out this Act in a manner that is sensitive to the cultural and regional differences among communities served by covered programs; and (2) to work with local organizations that carry out activities in communities served by covered programs.

Summary: Colonias Improvement Act of 2014 - Directs the Environmental Protection Agency (EPA) to issue, in consultation with the Department of Housing and Urban Development (HUD) and the Department of Agriculture (USDA), a rule defining colonia (a type of settlement along the border of the United States and Mexico) that: is the same for any program of the EPA, HUD, or USDA that specifically includes assistance for colonias (covered program); is limited to a community that is located within 75 miles of the border or that has applied for or received funding under a covered program before this Act's enactment; reflects and preserves the historic, geographic, and cultural character of the communities served by the covered program; and may be used to determine whether an applicant qualifies for assistance under a program. Directs the EPA, HUD, and USDA to establish and update an online clearinghouse with information relating to covered programs and links to information specific to each state. Requires EPA to establish a working group that includes HUD and USDA to review covered programs, record information relating to each award made under a covered program, hold public hearings, and make recommendations to Congress for improving the programs.


SECTION 1. STATEMENT OF PRINCIPLES. (a) Purpose.--It is the purpose of this Act to create principles governing the conduct of commercial cooperation projects of United States nationals in the Socialist Republic of Vietnam. (b) Principles.--It is the sense of the Congress that any United States national conducting a commercial cooperation project in the Socialist Republic of Vietnam should adhere to the following principles: (1) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the commercial cooperation project. The United States national should not discriminate in terms or conditions of employment in the commercial cooperation project against former members of the armed forces of the Republic of Vietnam (South Vietnam), former government officials of the Republic of Vietnam, former employees of the United States Government in the Republic of Vietnam, former employees of United States Government officials in the Republic of Vietnam, former employees of United States enterprises in the Republic of Vietnam, and repatriated asylum-seekers (so- called ``boat people''). (2) Ensure that methods of production used in the commercial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations and property and that the commercial cooperation project does not unnecessarily risk harm to the surrounding environment. (3) Strive to use business enterprises that are not controlled by the Socialist Republic of Vietnam or its authorized agents and departments as potential partners in the commercial cooperation project. (4) Prohibit any military presence on the premises of the commercial cooperation project. (5) Undertake to promote freedom of association and assembly among the employees of the United States national, including the right of employees to form collective bargaining units. The United States national should protest any infringement by the Government of the Socialist Republic of Vietnam of these freedoms to the appropriate authorities of that government and to the International Labor Organization. (6) Prohibit any compulsory political indoctrination programs from taking place on the premises of the operations of the commercial cooperation project. (7) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the Socialist Republic of Vietnam concerns about restrictions on importation of foreign publications. (8) Undertake to promote a full accounting of all Americans missing in action from the Vietnam conflict. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles described in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. SEC. 2. REGISTRATION REQUIREMENT. (a) In General.--Each United States national conducting a commercial cooperation project in the Socialist Republic of Vietnam shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles described in section 1(b). No fee shall be required for registration under this subsection. (b) Effective Date.--The registration requirement of subsection (a) shall take effect 6 months after the date of the enactment of this Act. SEC. 3. REPORTING REQUIREMENTS. (a) Report.--Each United States national conducting a commercial cooperation project in the Socialist Republic of Vietnam shall report to the Department of State describing the United States national's adherence to the principles described in section 1(b). Such national shall submit a completed reporting form furnished by the Department of State. The first report shall be submitted not later than 1 year after the date on which the national registers under section 2 and not later than the end of each 1-year period occurring thereafter. (b) Review of Report.--The Secretary of State shall review each report submitted under subsection (a) and determine whether the United States national submitting the report is adhering to the principles described in section 1(b). The Secretary may request additional information from the United States national and other sources to verify the information submitted. (c) Annual Report.--The Secretary of State shall submit a report to the Congress and to the Secretariat of the Organization for Economic Cooperation and Development, describing the level of adherence to the principles described in section 1(b) by United States nationals subject to the reporting requirement of subsection (a). This report shall be submitted not later than 2 years after the date of the enactment of this Act and not later than the end of each 1-year period occurring thereafter. SEC. 4. EXPORT MARKETING SUPPORT. (a) Support.--Departments and agencies of the United States may only intercede with a foreign government or foreign national regarding export marketing activity in the Socialist Republic of Vietnam on behalf of a United States national subject to the reporting requirements of section 3(a) if that United States national adheres to the principles. (b) Type of Contact.--The term ``intercede with a foreign government or foreign national'' includes any contact by an officer or employee of the United States with officials of any foreign government or foreign national involving or contemplating any effort to assist in selling a good, service, or technology in the Socialist Republic of Vietnam. Such term does not include multilateral or bilateral government-to-government trade negotiations intended to resolve trade issues which may affect United States nationals who do not adhere to the principles. (c) Effective Date.--Subsection (a) shall take effect 2 years after the date of enactment of this Act. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the terms ``adhere to the principles'', ``adhering to the principles'' and ``adherence to the principles'' mean-- (A) agreeing to implement the principles described in section 1(b); (B) implementing those principles by taking good faith measures with respect to each such principle; and (C) reporting accurately to the Department of State on the measures taken to implement those principles; (2) the term ``commercial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (3) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, and other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands.

Summary: Expresses the sense of the Congress that any U.S. national conducting a commercial cooperation project in Vietnam should adhere to specified principles regarding: (1) nondiscrimination in employment; (2) worker and environmental safety; (3) partnerships with businesses not controlled by the Vietnamese Government; (4) prohibitions on a military presence and political indoctrination programs on project premises; (5) freedoms of association and expression; and (6) the promotion of a full accounting of all Americans missing in action from the Vietnam conflict. Directs the Secretary of State to encourage member nations of the Organization for Economic Cooperation and Development to promote similar principles. Requires U.S. nationals conducting commercial cooperation projects in Vietnam to: (1) register with the Secretary and indicate whether they agree to implement such principles; and (2) report annually to the Department of State on adherence to such principles. Permits Federal agencies to intercede with a foreign government or national on behalf of such a U.S. national regarding export marketing activities in Vietnam only if such individual adheres to the principles.


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).''.

Summary: 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.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cure and Understanding through Research for Alzheimer's Act of 2008'' or the ``La Cura Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The incidence and prevalence of Alzheimer's disease increase with age. Alzheimer's disease is currently the seventh leading cause of death of all ages in the United States (and the fifth leading cause of death for people over 65 years of age), with 5.2 million individuals in the United States living with Alzheimer's disease. Currently, one of each eight individuals in the United States over age 65 has Alzheimer's disease. Every 71 seconds, an individual in the United States develops Alzheimer's disease, and by 2050, every 33 seconds an individual in the United States will develop this disease. By 2050, the number of individuals in the United States age 65 and over with Alzheimer's disease will range from 11 million to 16 million individuals. It is projected that by 2050, more than 60 percent of individuals in the United States with Alzheimer's disease will be age 85 or older. (2) The prevalence of Alzheimer's disease and dementia seems to be higher among individuals with fewer years of education. Individuals with fewer than 12 years of education have a 15 percent greater risk of developing dementia than individuals with 12 to 15 years of education and a 35 percent greater risk of developing dementia than individuals with more than 15 years of education. (3) Hispanics are the fastest growing population in the Nation and by 2050, will have a life expectancy of 87 years, longer than any other ethnic or racial group. The Hispanic community in the United States is projected to experience a six-fold increase in Alzheimer's disease (from fewer than 200,000 to as many as 1.3 million) by 2050. (4) Hispanics may be at a greater risk of developing dementia than other ethnic or racial groups: Hispanics' 64- percent higher incidence of diabetes than non-Hispanic white Americans is of particular concern in light of new findings that diabetes is the one vascular risk factor that, in the absence of stroke, is related to an increased risk of Alzheimer's disease. (5) Research on disparities in Alzheimer's risk factors between Hispanic and other ethnic and racial groups is only beginning to sort out complex differences: for example, even in the absence of the APOE-e4 allele, the one known genetic risk factor for late onset Alzheimer's, Caribbean Hispanics have a cumulative risk for Alzheimer's twice that of non-Hispanic whites. (6) The shortage of bilingual health professionals, combined with the large population of monolingual Spanish- speaking seniors, make adequate testing and diagnosis of Alzheimer's among elderly Hispanics difficult and may lead to cultural biases in cognitive testing. Moreover, inadequate translation of diagnostic tools can lead to improper diagnoses, and there may be poor understanding of recommended treatment and self-care even among those who are properly diagnosed. (7) Hispanics are far more likely to be uninsured than any other ethnic group: the Bureau of the Census reports that 34.1 percent of the Hispanic population in the United States is uninsured, compared to 10.8 percent for non-Hispanic whites and 15.3 percent for all United States residents. (8) Lack of access to health care and a strong cultural commitment to caring for one's elders within the family are among the factors that make Hispanics with dementia less likely than non-Hispanics to see a physician and use related services provided by formal health professionals: delays in diagnosis and lack of early and consistent treatment can lead to higher levels of impairment and increased stress on family caregivers. (9) Hispanic elders are second most likely, after Asian Americans, to live with their families rather than in long term care facilities. More research is needed to better understand the effects of differing care settings on family caregivers and Alzheimer's patients. (10) Alzheimer's disease costs the United States $148 billion each year in direct and indirect costs to business, the Medicare program, and the Medicaid program (not including private health insurance costs). SEC. 3. NIH RESEARCH AND EDUCATION ON ALZHEIMER'S DISEASE. Subpart 5 of part C of title IV of the Public Health Service Act (42 U.S.C. 285e et seq.) is amended by adding at the end the following new section: ``SEC. 445J. NIH RESEARCH AND EDUCATION ON ALZHEIMER'S DISEASE. ``(a) Research Activities.--In conducting research relating to Alzheimer's disease, the Director of the National Institutes of Health shall ensure sufficient resources for activities relating to Alzheimer's disease and Hispanic communities, including by-- ``(1) increasing efforts in epidemiological work in Hispanic subgroups; ``(2) allocating resources to the National Institute on Aging Alzheimer's disease research centers and other academic centers involved in Alzheimer's disease research to increase participation of Hispanics and other under represented ethnic groups in research and clinical trials in sufficient numbers to draw valid conclusions; and ``(3) conducting social, behavioral, and health services research-- ``(A) to understand more fully the underlying reasons that Hispanic individuals delay diagnosis and underutilize services; ``(B) to identify culturally and linguistically appropriate approaches for addressing such delays and underutilization; and ``(C) to identify approaches for providing, and improving the quality of, culturally competent care. ``(b) Education Activities.--The Director of the National Institutes of Health shall expand and intensify efforts of the National Institutes of Health-- ``(1) to educate communities about the importance of research relating to Alzheimer's disease; and ``(2) to respond effectively to cultural concerns about participation in such research, especially with respect to sensitive matters like the collection of brain tissue and genetic information.''. SEC. 4. INCREASED FUNDING FOR ALZHEIMER'S DISEASE DEMONSTRATION GRANTS. Section 398B(e) of the Public Health Service Act (42 U.S.C. 280c- 5(e)) is amended-- (1) by striking ``and such'' and inserting ``such''; and (2) by inserting before the period at the end ``, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013''. SEC. 5. CDC OUTREACH AND EDUCATION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. EDUCATION AND OUTREACH ON ALZHEIMER'S DISEASE. ``(a) Purposes.--The purposes of this section are the following: ``(1) To reduce the risk of Alzheimer's disease through reduction of vascular risk factors. ``(2) To encourage early recognition and diagnosis of dementia. ``(3) To train public health personnel to recognize, assess, diagnose, and treat Alzheimer's disease in ways that are culturally appropriate and supportive of families. ``(b) Education and Outreach.--To achieve the purposes of this section, the Secretary, acting through the Centers for Disease Control and Prevention, shall conduct an aggressive, evidence-based education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease. In conducting the outreach program, the Secretary shall consult with State Health Departments and may consult with other appropriate entities, including the Alzheimer's Association. ``(c) Emphasis.--In carrying out this section, the Secretary shall give particular emphasis to education and outreach in Hispanic populations.''.

Summary: Cure and Understanding through Research for Alzheimer's Act of 2008 or La Cura Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to ensure sufficient resources for activities relating to Alzheimer's disease and Hispanic communities, including by: (1) increasing efforts in epidemiological work in Hispanic subgroups; (2) allocating resources to the National Institute on Aging Alzheimer's disease research centers and other academic centers involved in such research to increase participation of Hispanics and other underrepresented ethnic groups in research and clinical trials in sufficient numbers to draw valid conclusions; and (3) conducting social, behavioral, and health services research to understand the underlying reasons why Hispanic individuals delay diagnosis and underutilize services, to identify culturally and linguistically appropriate approaches to address such delays and underutilization, and to identify approaches for providing, and improving the quality of, culturally competent care. Requires the Director to expand and intensify NIH efforts to educate communities about the importance of research relating to Alzheimer's disease and to respond effectively to cultural concerns about participation in such research. Authorizes appropriations for a program of grants to states to carry out demonstration programs related to Alzheimer's disease. Requires the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), to conduct an aggressive, evidence-based education and outreach program to promote public awareness and risk reduction with respect to Alzheimer's disease, particularly to Hispanic populations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Consumer Protection Act of 1995''. SEC. 2. NOTIFICATION OF COVERAGE PROVIDED BY THE INSURER. (a) Notification to Current Enrollees.--An insurer providing health insurance coverage under a health plan shall provide annual notice to each current enrollee under such plan regarding the extent of the coverage of the plan. Such notice shall be in writing and shall include a copy of the contract between the insurer and enrollee, in addition to information regarding the terms and conditions of the policy and the rights and obligations of the parties including-- (1) covered and excluded services, equipment, and devices; (2) copayments, deductibles, and premiums; (3) enrollee satisfaction statistics; (4) financial responsibility of the enrollee; (5) utilization review requirements; (6) a list of the usual, customary, and reasonable costs for procedures, tests, and examinations; (7) physician credentialing standards; and (8) the percentage of total annual premiums used to reimburse practitioners for health care provided to enrollees and the percentage used for administration and other costs incurred in administering the plan. (b) Notification to Potential Enrollees.--An insurer providing health insurance coverage under a health plan shall, upon request, provide notice to each potential enrollee under such plan regarding the extent of the coverage of the plan. Such notice shall be in writing and shall include a copy of the potential contract between the insurer and potential enrollee, in addition to information regarding the terms and conditions of the policy and the rights and obligations of the parties information including the items listed in paragraphs (1) through (8) of subsection (a). (c) Regulations for Failure To Provide Notification.--The Secretary of Health and Human Services shall promulgate regulations to ensure that an insurer providing health insurance coverage under a health plan provide notification to current and potential enrollees as described in subsections (a) and (b). SEC. 3. DETERMINATION OF MEDICALLY NECESSARY AND APPROPRIATE TREATMENT. (a) In General.--Under a health plan, the determination of what is medically necessary and appropriate for the health of a patient may be made only by a health care practitioner who is-- (1) licensed and practicing within the scope of the State practice act of the State in which the practitioner practices; and (2) directly involved in the care of such patient. (b) Insurance Coverage.--An insurer must pay for a service determined, as described in subsection (a), to be medically necessary and appropriate if the service is covered by the health plan. (c) Regulations To Deter Rewards, Penalties or Inducements.--The Secretary of Health and Human Services shall promulgate regulations to ensure that an insurer not offer monetary rewards, penalties, or inducements to a licensed health care practitioner, or condition the continued participation of a licensed health care practitioner in a plan on the basis of the health care practitioner's decisions to limit the availability of appropriate medical tests, services, or treatments. SEC. 4. ENFORCEMENT AND PENALTIES. (a) Penalties.-- Any entity that offers a health plan that violates the provisions of this Act shall be subject to a civil money penalty in an amount to be determined by the Secretary of Health and Human Services. (b) Process.--The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than subsections (a) and (b)) shall apply to civil money penalties under this section in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. SEC. 5. PROHIBITION OF HOLD HARMLESS PROVISIONS. An insurer may not include provisions in a health plan to hold itself harmless for any liability. SEC. 6. PREEMPTION. A State may not establish or enforce standards for insurers or health insurance coverage with respect to the subject matter of this Act that are weaker than the standards established under this Act. SEC. 7. DEFINITIONS.-- For purposes of this Act: (1) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization licensed to engage in the business of insurance in a State, and a health maintenance organization. (2) Health care practitioner.--The term ``health care practitioner'' has the meaning provided by section 11151 of title 42, United States Code. (3) Health insurance coverage.--The term ``health insurance coverage'' means any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by an insurer. (4) Health plan.--The term ``health plan'' means a plan that provides health insurance coverage. (5) State.--The term ``State'' means any State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Guam. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall apply to all health plans offered, sold, issued, or renewed after the date of the enactment of this Act.

Summary: Health Care Consumer Protection Act of 1995 - Requires health insurers to provide notice regarding the extent of plan coverage to enrollees annually and to potential enrollees on request. Requires that, under a health plan, the determination of what is medically necessary and appropriate for a patient be made only by a health care practitioner directly involved in the patient's care. Requires an insurer to pay for a service that is so determined if the service is covered by the plan. Mandates regulations to ensure against insurers offering monetary rewards, penalties, or inducements to a practitioner, or conditioning continued practitioner participation in the plan, on the basis of the practitioner's decisions to limit the availability of appropriate tests, services, or treatments. Imposes a civil monetary penalty for violations of this Act. Prohibits insurers from including provisions in a plan to hold itself harmless for liability. Prohibits States from establishing or enforcing standards weaker than those of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Faith-Based Drug Treatment Enhancement Act''. SEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``Part G--Services Provided Through Religious Organizations ``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS. ``(a) Designated Programs.--Subject to subsection (b), this part applies to each program under this Act that makes awards of Federal financial assistance to public or private entities for the purpose of carrying out activities to prevent or treat substance abuse (in this part referred to as a `designated program'). Designated programs include the program under subpart II of part B of title XIX (relating to formula grants to the States). ``(b) Limitation.--This part does not apply to any award of Federal financial assistance under a designated program for a purpose other than the purpose specified in subsection (a). ``(c) Definitions.--For purposes of this part (and subject to subsection (b)): ``(1) Designated award recipient.--The term `designated award recipient' means a public or private entity that has received an award under a designated program (whether the award is a designated direct award or a designated subaward). ``(2) Designated direct award.--The term `designated direct award' means an award under a designated program that is received directly from the Federal Government. ``(3) Designated subaward.--The term `designated subaward' means an award of financial assistance made by a non-Federal entity, which award consists in whole or in part of Federal financial assistance provided through an award under a designated program. ``(4) Designated program.--The term `designated program' has the meaning given such term in subsection (a). ``(5) Financial assistance.--The term `financial assistance' means a grant, cooperative agreement, contract, or voucherized assistance. ``(6) Program beneficiary.--The term `program beneficiary' means an individual who receives program services. ``(7) Program participant.--The term `program participant' has the meaning given such term in section 582(a)(2). ``(8) Program services.--The term `program services' means treatment for substance abuse, or preventive services regarding such abuse, provided pursuant to an award under a designated program. ``(9) Religious organization.--The term `religious organization' means a nonprofit religious organization. ``(10) Voucherized assistance.--The term `voucherized assistance' means-- ``(A) a system of selecting and reimbursing program services in which-- ``(i) the beneficiary is given a document or other authorization that may be used to pay for program services; ``(ii) the beneficiary chooses the organization that will provide services to him or her according to rules specified by the designated award recipient; and ``(iii) the organization selected by the beneficiary is reimbursed by the designated award recipient for program services provided; or ``(B) any other mode of financial assistance to pay for program services in which the program beneficiary determines the allocation of program funds through his or her selection of one service provider from among alternatives. ``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS. ``(a) In General.-- ``(1) Scope of authority.--Notwithstanding any other provision of law, a religious organization-- ``(A) may be a designated award recipient; ``(B) may make designated subawards to other public or nonprofit private entities (including other religious organizations); ``(C) may provide for the provision of program services to program beneficiaries through the use of voucherized assistance; and ``(D) may be a provider of services under a designated program, including a provider that accepts voucherized assistance. ``(2) Definition of program participant.--For purposes of this part, the term `program participant' means a public or private entity that has received a designated direct award, or a designated subaward, regardless of whether the entity provides program services. Such term includes an entity whose only participation in a designated program is to provide program services pursuant to the acceptance of voucherized assistance. ``(b) Religious Organizations.--The purpose of this section is to allow religious organizations to be program participants on the same basis as any other nonprofit private provider without impairing the religious character of such organizations, and without diminishing the religious freedom of program beneficiaries. ``(c) Nondiscrimination Against Religious Organizations.-- ``(1) Findings.--The Congress finds that the establishment clause of the first amendment to the Constitution of the United States does not require that-- ``(A) social-welfare programs discriminate against faith-based providers of services; or ``(B) faith-based providers of services, as a prerequisite to participation in Federal programs, abandon their religious character and censor their religious expression. ``(2) Nondiscrimination.--Religious organizations are eligible to be program participants on the same basis as any other nonprofit private organization. Neither the Federal Government nor a State receiving funds under such programs shall discriminate against an organization that is or applies to be a program participant on the basis that the organization has a religious character. ``(d) Religious Character and Freedom.-- ``(1) Religious organizations.--Except as provided in this section, any religious organization that is a program participant shall retain its independence from Federal, State, and local government, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious organization to-- ``(A) alter its form of internal governance; or ``(B) remove religious art, icons, scripture, or other symbols; in order to be a program participant. ``(e) Nondiscrimination in Employment.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section shall be construed to modify or affect the provisions of any other Federal or State law or regulation that relates to discrimination in employment on the basis of religion. ``(2) Exception.--A religious organization that is a program participant may require that an employee rendering program services adhere to-- ``(A) the religious beliefs and practices of such organization; and ``(B) any rules of the organization regarding the use of drugs or alcohol. ``(f) Rights of Program Beneficiaries.-- ``(1) Objections regarding religious organizations.--With respect to an individual who is a program beneficiary or a prospective program beneficiary, if the individual objects to a program participant on the basis that the participant is a religious organization, the following applies: ``(A) If the organization received a designated direct award, the organization shall arrange for the individual to receive program services through an alternative entity. ``(B) If the organization received a designated subaward, the non-Federal entity that made the subaward shall arrange for the individual to receive the program services through an alternative program participant. ``(C) If the organization is providing services pursuant to voucherized assistance, the designated award recipient that operates the voucherized assistance program shall arrange for the individual to receive the program services through an alternative provider. ``(D) Arrangements under any of subparagraphs (A) through (C) with an alternative entity shall provide for program services the monetary value of which is not less than the monetary value of the program services that the individual would have received from the religious organization involved. ``(2) Nondiscrimination.-- ``(A) In general.--Except as provided in subparagraph (B) or as otherwise provided in law, a religious organization that is a program participant shall not in providing program services discriminate against a program beneficiary on the basis of religion or religious belief. ``(B) Limitation.--A religious organization that is a program participant may require a program beneficiary who has elected in accordance with paragraph (1) to receive program services from such organization-- ``(i) to actively participate in religious practice, worship, and instruction; and ``(ii) to follow rules of behavior devised by the organizations that are religious in content or origin. ``(g) Fiscal Accountability.-- ``(1) In general.--Except as provided in paragraph (2), any religious organization that is a program participant shall be subject to the same regulations as other recipients of awards of Federal financial assistance to account, in accordance with generally accepted auditing principles, for the use of the funds provided under such awards. ``(2) Limited audit.--With respect to the award involved, if a religious organization that is a program participant maintains the Federal funds in a separate account from non- Federal funds, then only the Federal funds shall be subject to audit. ``(h) Compliance.--With respect to compliance with this section by an agency, a religious organization may obtain judicial review of agency action in accordance with chapter 7 of title 5, United States Code. ``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES. ``(a) In General.--Except as provided in subsection (b), no funds provided directly to an entity under a designated program shall be expended for sectarian worship or instruction. ``(b) Exception.--Subsection (a) shall not apply to assistance provided to or on behalf of a program beneficiary if the beneficiary may choose where such assistance is redeemed or allocated. ``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS. ``(a) Funds Not Aid to Institutions.--Financial assistance under a designated program provided to or on behalf of program beneficiaries is aid to the beneficiary, not to the organization providing program services. The receipt by a program beneficiary of program services at the facilities of the organization shall not constitute Federal financial assistance to the organization involved. ``(b) Prohibition on State Discrimination in Use of Funds.--No provision in any State constitution or State law shall be construed to prohibit the expenditure of Federal funds under a designated program in a religious facility or by a religious organization that is a program participant. If a State law or constitution would prevent the expenditure of State or local public funds in such a facility or by such an organization, then the State or local government shall segregate the Federal funds from State or other public funds for purposes of carrying out the designated program. ``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT PROGRAMS. ``(a) Findings.--The Congress finds that-- ``(1) establishing formal educational qualification for counselors and other personnel in drug treatment programs may undermine the effectiveness of such programs; and ``(2) such formal educational requirements for counselors and other personnel may hinder or prevent the provision of needed drug treatment services. ``(b) Limitation on Educational Requirements of Personnel.-- ``(1) Treatment of religious education.--If any State or local government that is a program participant imposes formal educational qualifications on providers of program services, including religious organizations, such State or local government shall treat religious education and training of personnel as having a critical and positive role in the delivery of program services. In applying educational qualifications for personnel in religious organizations, such State or local government shall give credit for religious education and training equivalent to credit given for secular course work in drug treatment or any other secular subject that is of similar grade level and duration. ``(2) Restriction of discrimination requirements.-- ``(A) In general.--Subject to paragraph (1), a State or local government that is a program participant may establish formal educational qualifications for personnel in organizations providing program services that contribute to success in reducing drug use among program beneficiaries. ``(B) Exception.--The Secretary shall waive the application of any educational qualification imposed under subparagraph (A) for an individual religious organization, if the Secretary determines that-- ``(i) the religious organization has a record of prior successful drug treatment for at least the preceding 3 years; ``(ii) the educational qualifications have effectively barred such religious organization from becoming a program provider; ``(iii) the organization has applied to the Secretary to waive the qualifications; and ``(iv) the State or local government has failed to demonstrate empirically that the educational qualifications in question are necessary to the successful operation of a drug treatment program.''.

Summary: Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Reform Act of 2010'' or the ``Not Too Small to Succeed in Business Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Small businesses are a vital part of the economy of the United States. (2) The 26,800,000 small businesses in the United States account for more than 99.7 percent of all employer firms. (3) Small businesses employ just over half of all private sector employees. (4) Four million one-hundred thousand small businesses owned by individuals who are members of economically disadvantaged groups generate approximately $694,000,000,000 in revenues and employ approximately 4,800,000 individuals each year. (5) Small businesses need help to remain competitive in the global economy, particularly during difficult economic times. (6) Economically disadvantaged-owned businesses receive less than 7 percent of venture capital. (7) Seventy percent of small businesses survive at least 2 years, but less than half survive 5 years. (8) The Small Business Administration was established in 1953 by the Federal Government to aid, counsel, assist, and protect the interests of small business concerns, to preserve free competitive enterprise, and to maintain and strengthen the overall economy of the United States. (9) The Small Business Administration assists firms owned and controlled by economically disadvantaged individuals to enter the economic mainstream by providing firm-specific analysis, counseling, management training, professional consulting and monitoring services, and access to business development opportunities under section 8(a) of the Small Business Act. (10) Although the program under section 8(a) is well intended, the problems of the program are well known. (11) The program under section 8(a) has a record of graduating companies that are not sufficiently prepared to compete for contracts with large and established companies in the private sector, resulting in a large number of former participants in the program failing to remain in business shortly after leaving the program. (12) The problem of graduating companies from the program under section 8(a) that are not sufficiently prepared to compete for contracts with large and established companies in the private sector is caused by the reliance of the Small Business Administration on outdated measures of adjusted gross income and net worth in determining whether a company participating in the program continues to be economically disadvantaged. (13) Reliance by the Small Business Administration on measures that do not reflect contemporary conditions has had, and will continue to have, the unintended consequence of keeping small businesses too small to succeed, which is as undesirable as protecting companies that are too big to fail. SEC. 3. IMPROVEMENT OF PROGRAM UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT. (a) Period of Eligibility.-- (1) Extension.--Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended-- (A) in the matter preceding subparagraph (A) by striking ``nine years'' and inserting ``11 years''; and (B) in subparagraph (B) by striking ``five years'' and inserting ``7 years''. (2) Completed periods.--A small business concern that completed a 9-year period of participation in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior to the date of enactment of this Act and that is otherwise eligible to participate in such program except for having completed such 9-year period, and current net worth exceeds $750,000 but still less than $2,250,000, may participate in such program during the 2-year period beginning on the date of enactment of this Act. (b) Net Worth and Income Limitations.-- (1) Increase.--Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended by inserting after ``disadvantaged individual.'' the following: ``For purposes of eligibility for admission as a Program Participant the net worth of such individual may be any amount not exceeding $750,000 and for purposes of continued eligibility after admission the net worth of such individual may be any amount not exceeding $2,250,000. For purposes of eligibility for admission as a Program Participant and continued eligibility after admission, the modified adjusted gross income (as such term is defined in section 25A(d)(3) of the Internal Revenue Code of 1986) of such individual for an applicable taxable year may be any amount not exceeding $500,000.''. (2) Completed periods of participation.--If the Administrator of the Small Business Administration graduated a small business concern from the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior to the date of enactment of this Act as a result of a determination that such concern did not meet standards relating to economic disadvantage and such concern meets requirements under such section as amended by this Act, such concern may participate in such program for a period-- (A) of 11 years less the period of time such concern previously participated in such program; and (B) beginning on the date of enactment of this Act.

Summary: Small Business Reform Act of 2010 or Not Too Small to Succeed in Business Act of 2010 - Amends the Small Business Act to extend from: (1) 9 to 11 years the period that a small business may receive developmental assistance under the Minority Small Business and Capital Ownership Development Program (Program); and (2) five to seven years the period that such a small business may spend in the Program's transitional stage. Allows small businesses that previously completed the 9-year period, above, and whose current net worth exceeds $750,000 but is less than $2.25 million to participate for an additional two years. Sets net worth limits for individual Program participants at: (1) $750,000, for Program admission; (2) $2.25 million, for continued Program participation after admission; and (3) $500,000 adjusted gross income, for Program admission and continued eligibility. Provides that, if the Administrator of the Small Business Administration (SBA) graduated a small business from the Program prior to the date of enactment of this Act on the basis that the small business did not meet standards relating to economic disadvantage and the small business now meets such standards, the small business may participate in the Program for 11 years less any period of previous participation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Education and Training Act of 1994''. SEC. 2. FLIGHT TRAINING. (a) Active Duty Program.--Section 3034(d) of title 38, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(d)(1)'' and inserting in lieu thereof ``(d)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (b) Post-Vietnam Era.--Section 3241(b) of such title is amended-- (1) by striking out paragraph (2); (2) by striking out ``(b)(1)'' and inserting in lieu thereof ``(b)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (c) Reserve Program.--Section 2136(c) of title 10, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(c)(1)'' and inserting in lieu thereof ``(c)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. SEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Rehabilitation Resources.--Section 3115 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking ``assistance,'' and inserting in lieu thereof ``assistance or any federally recognized Indian tribe,''; (2) in subsection (a)(4), by inserting ``any federally recognized Indian tribe,'' after ``contributions,''; and (3) by adding at the end the following: ``(c) As used in this section, the term `federally recognized Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (b) Allowances.--Section 3108(c)(2) of such title is amended by inserting ``or federally recognized Indian tribe'' after ``local government agency''. (c) Technical Correction.--(1) Section 404(b) of the Veterans' Benefits Act of 1992 (106 Stat. 4338) is amended by striking out the period at the end thereof and inserting in lieu thereof ``, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990.''. (2) The amendment made by paragraph (1) shall take effect as of October 29, 1992. SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS. (a) In General.--Section 3452(c) of title 38, United States Code, is amended by adding at the end the following: ``For the period ending on September 30, 1996, such term includes entities that provide training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary).''. (b) Clarifying Amendment.--Section 3002 of title 38, United States Code, is amended by adding at the end thereof the following: ``(8) The term `educational institution' has the meaning given such term in section 3452(c) of this title.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of enactment of this Act. SEC. 5. EDUCATION OUTSIDE THE UNITED STATES. (a) In General.--The first sentence of section 3476 of title 38, United States Code, is amended to read as follows: ``An eligible veteran may not enroll in any course offered by an educational institution not located in a State unless that educational institution is an approved institution of higher learning and the course is approved by the Secretary.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to courses approved on or after the date of the enactment of this Act. SEC. 6. CORRESPONDENCE COURSES. (a) Approval of Programs of Education.--(1) Section 3672 of title 38, United States Code, is amended by adding at the end the following: ``(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an educational institution (as defined in section 3452(c) of this title) may be approved only if (1) the educational institution is accredited by an agency recognized by the Secretary of Education, and (2) at least 50 percent of those pursuing such a program or course require six months or more to complete the program or course.''. (2)(A) Section 3675(a)(2)(B) of such title is amended by striking out ``A State'' and inserting in lieu thereof ``Except as provided in section 3672(e), a State''. (B) Section 3680(a) of such title is amended-- (i) by striking out ``; or'' at the end of paragraph (3) and inserting in lieu thereof a period; and (ii) by striking out paragraph (4). (C) Section 3686(c) of such title is amended by striking out ``(other than one subject to the provisions of section 3676 of this title)''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing after 90 days after the date of the enactment of this Act. SEC. 7. STATE APPROVING AGENCIES. (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, United States Code, is amended by striking out ``$12,000,000'' each place it appears and inserting in lieu thereof ``$13,000,000''. (2) The amendment made by subsection (a) shall apply with respect to services provided under such section after September 30, 1994. (b) Elimination of Report to Congress Requirement.--Section 3674(a)(3) of such title is amended-- (1) by striking out subparagraph (B); and (2) by striking out ``(3)(A)'' and inserting in lieu thereof ``(3)''. (c) Evaluation of Agency Performance.--Section 3674A(a) of such title is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. SEC. 8. MEASUREMENT OF COURSES. Section 3688(b) of title 38, United States Code, is amended-- (1) by striking out ``this chapter or'' and inserting in lieu thereof ``this chapter,''; and (2) by inserting before the period at the end thereof the following: ``, or chapter 106 of title 10''. SEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 of title 38, United States Code, is amended-- (1) in subsections (a) and (b)-- (A) by striking out ``34,'' both places it appears; and (B) by striking out ``title.'' and inserting in lieu thereof ``title and chapter 106 of title 10.'' both places it appears; and (2) in subsection (c), by striking out ``1994'' and inserting in lieu thereof ``2003''. SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING. (a) Payment Limitation.--Section 3697(b) of title 38, United States Code, is amended by striking out ``$5,000,000'' and inserting in lieu thereof ``$6,000,000''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1994. SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF 1992. (a) Period of Training.--(1) Section 4485(d) of the Service Members Occupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out ``or more than 18 months''. (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. 1143 note) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ``in the community for the entire period of training of the eligible person.''. (B) The amendment made by subparagraph (A) shall apply with respect to programs of training under the Service Members Occupational Conversion and Training Act of 1992 beginning after the date of enactment of this Act. (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. 1143 note) is amended-- (1) in subsection (a)(1)-- (A) by striking out ``subparagraph (B)'' in subparagraph (A) and inserting in lieu thereof ``subparagraphs (B) and (C)''; (B) by inserting before the period at the end of subparagraph (A) the following: ``but in no event to exceed 18 months (or the equivalent training hours)''; and (C) by adding at the end thereof the following new subparagraph: ``(C) Assistance may be paid under this subtitle on behalf of an eligible person to that person's employer for training under two or more programs of job training under this subtitle if such employer has not received (or is not due) on that person's behalf assistance in an amount aggregating the applicable amount set forth in subparagraph (B).''; and (2) in subsection (b)(3), by inserting before the period at the end thereof ``, or upon the completion of the 18th month of training under the last training program approved for the person's pursuit with that employer under this subtitle, whichever is earlier''. (c) Entry Into Program of Job Training.--Section 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out the third sentence thereof and inserting in lieu thereof ``The eligible person may begin such program of job training with the employer on the day that notice is transmitted to such official by means prescribed by such official. However, assistance under this subtitle may not be provided to the employer if such official, within two weeks after the date on which such notice is transmitted, disapproves the eligible person's entry into that program of job training in accordance with this section.''. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Summary: Veterans' Education and Training Act of 1994 - Provides for the continued use (currently terminates at the end of FY 1994) of veterans' basic educational assistance for approved flight training for regular veterans, post-Vietnam era veterans, and members of the reserves. (Sec. 3) Authorizes the Secretary of Veterans Affairs to use the facilities of any federally recognized Indian tribe in providing training or work experience for veterans with service-connected disabilities. Allows for the payment of a subsistence allowance to veterans performing training or work on the facilities of such an Indian tribe. (Sec. 4) Includes within the definition of "educational institution" for purposes of the provision of educational assistance to veterans, until September 31, 1996, entities that provide training required for the completion of any State-approved alternative teacher certification program. (Sec. 5) Prohibits a veteran eligible for educational assistance from enrolling in any course at an institution outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. (Sec. 6) Provides for the conditional approval of correspondence courses as courses for which veterans' educational assistance may be provided. (Sec. 7) Increases from $12 million to $13 million the annual limit on the amount authorized to be provided to State and local educational agencies for furnishing courses of education to veterans under the educational assistance program. Removes an educational agency reporting requirement with respect to the provision of such services. (Sec. 9) Continues the Veterans' Advisory Committee on Education through December 31, 2003. (Sec. 10) Increases from $5 million to $6 million the annual funding ceiling for veterans' educational and vocational counseling services obtained by the Department of Veterans Affairs. (Sec. 11) Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) repeal the 18-month limit on training under such Act for employment in stable and permanent positions; (2) revise certain certification requirements under such training program; (3) allow assistance to be paid on behalf of eligible persons for training under two or more training programs if the per-person annual training limit is not exceeded; and (4) allow a person to enter into a job training program on the day that official employer notification is given (currently, the person must wait two weeks after such notification).


SECTION 1. MODIFICATIONS TO RULES FOR FRACTIONAL GIFTS. (a) Income Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 170(o) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in subsection (c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 170(o) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 170(o) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (b) Estate Tax.--Paragraph (1) of section 2055(g) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (c) Gift Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 2522(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in section 170(c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 2522(e) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 2522(e) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (d) Return Requirement.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Additional Provisions Relating to Organizations Described in Section 170(c).--Every organization described in section 170(c) shall, on any return required under subsection (a), list each charitable contribution received by the organization during the period covered by the return which represents a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property and provide such other information with respect to such contribution as required by the Secretary.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions, bequests, and gifts made after the date of the enactment of this Act. (2) Return requirement.--The amendments made by subsection (d) shall apply to returns for taxable years ending after the date of the enactment of this Act. (f) Transition Rule.--In the case of any additional contribution (as defined in section 170(o)(4) of the Internal Revenue Code of 1986) with respect to an initial fractional contribution (as defined in such section) made after August 17, 2006, and before the date of the enactment of this Act-- (1) except for purposes of determining the fair market value of such contribution under sections 170(o)(2), 2055(g)(1), and 2522(e)(2) of the Internal Revenue Code of 1986 (as such sections were amended by this Act), such contribution shall be treated as an initial fractional contribution (as so defined) subject to the amendments made by this section, and (2) sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such Code (as in effect before the date of the enactment of this Act) shall not apply with respect to any prior contribution of an undivided portion of the taxpayer's interest in the property.

Summary: Amends Internal Revenue Code provisions relating to the tax deduction for donations of fractional interests in tangible personal property to: (1) permit donors to claim an increased deduction based upon the market value of subsequent gifts of fractional interests, (2) extend to 20 years the period in which donors of fractional interests must contribute their entire interest in donated property, and (3) require donors of fractional interests greater than $1 million to attach a statement of value obtained from the Internal Revenue Service (IRS) to their tax returns.